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HomeMy WebLinkAbout6560 1&65 S26ref led- . 30 �5�0 ` ex� sfi re�v � 1 S/ i ��GE'Nf o,e7 a BOARD MEMBERS Southold Town Hall O Leslie Kanes Weisman,Chairperson ��F so�jy� 53095 Main Road•P.O.Box 1179 � � ti O Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P. Goehringer Town Annex/First Floor,Capital One Bank George Horning �� 54375 Main Road(at Youngs Avenue) Ken Schneider com Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED Tel.(631)765-1809•Fax(631)765-9064 3 M Y 2 4 212 FINDINGS,DELIBERATIONS AND DETERMINATION Sou old Town Cler Wg MEETING OF MAY 17,2012 ZBA FILE: 6560 NAME OF APPLICANT: Elizabeth A. Gardner PROPERTY LOCATION: 1665 Shore Road(adj.to Pipes Cove),Greenport,NY CTM 1000-47-2-30 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 29, 2012; 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: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a 12,700 sq. ft. waterfront parcel in the R-40 Zone. The northerly lot line measures 100 feet along Shore Drive. The easterly lot line measures 127 feet along an adjacent parcel. The southerly lot line measures 100 feet along Pipes Cove. The westerly lot line measures 127 feet along another adjacent parcel. The property is improved with a single family dwelling with an attached deck, breezeway and attached garage as shown on the survey prepared by William R. Simmons, III, LSPC dated 1/8/2012. BASIS OF APPLICATION: Request for a variance from Article XXII Code Section 2.80-116(B) based on an application for building permit and the Building Inspector's March 8, 2012 Notice of Disapproval concerning .screen porch with outside shower over existing deck to a single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant requests a variance to construct a 13ft x 13 ft screen porch over a portion of an existing deck, and an outside shower adjacent to the proposed porch,with a bulkhead setback of 45.5 feet rather than the code required setback of 75 feet. AMENDED APPLICATION: The applicant's agent on May 7, 2012 submitted a revised plan, prepared by Mark Schwartz, Architect, dated May 7, 2012, that shows a new proposed roof alteration, as well as the location of all new drywells to be installed to contain all storm water run off on site, as required by Code, bringing the plan into more conformity with the codes. ADDITIONAL INFORMATION: The Applicant received variance #4053, dated Sept. 26, 1991, for construction of the deck with a setback from the bulkhead of not less than 40 feet. A condition of the variance granted stated Page 2 of 3—May 17,2012 ZBA File#6560-Gardner CTM: 1000-47-2-30 that the "proposed deck shall remain open and unroofed, as applied". The Applicant is now proposing some degree of relief from the condition imposed when that variance was granted in 1991. At the public hearing the Board requested that the applicant submit documentation regarding other non-conforming bulkhead setbacks in the neighborhood. On May 9, 2012, the Board received extensive documentation of previous variances granted with similar non-conforming bulkhead setbacks near the subject property. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 3, 2012, 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 4267-b(3)(b M. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Non-conforming bulkhead setbacks of less than 75 feet are quite common within the waterfront properties of the neighborhood. The Applicant is not requesting to reduce the setback already established through grant of a variance in 1991. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing nonconforming deck setback from the bulkhead was established by the grant of a variance in 1991, and the proposed screen porch over a portion of the deck requires variance relief from a stated condition that the entire deck remain unroofed. The proposed screen porch is within the 75 foot setback required by code. However, the screen porch will cover a portion of the existing deck and will not be closer to the bulkhead. Additionally, the outside shower is located further from the bulkhead than the screen porch. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 39% relief, however, it is mitigated by the fact the screen porch is within the previously granted setback. Additionally, it represents the removal of a condition stated in the variance granted in 1991, when the existing nonconforming bulkhead setback was established. That condition specified that the entire deck remain open and unroofed. There is no reduction to the established bulkhead 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 will install roof gutters and drywells to contain all storm water runoff on site as required by Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been.self-created. The Applicant could conceivably construct a similar sized screen porch in a more conforming location on the property, possibly without requiring any variance. However, the dwelling was constructed prior to zoning and is located within the 75 foot bulkhead setback, so any additions to the rear of the dwelling will require a variance. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a 13xl3 ft. screen porch with a nonconforming setback from a bulkhead, 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 Horning, seconded by Member Weisman (Chairperson), and duly carried,to r GRANT the variance as applied for, and shown on the site plan dated May 7, 2012 by Mark Schwartz, Architect sheet number S-1 and elevations labeled A-1. Subject to the following condition, I i Page 3 of 3—May 17,2012 ZBA File#6560-Gardner CTM: 100047-2-30 CONDITION: 1.The remaining portion of the existing deck shall remain open to the sky. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes:Members Weisman(Chairperson), Goehringer,Schneider, Horning. Nays:Member Dinizio. This Resolution was duly adopted(4-1). t Leslie Kanes Weisman, Chairperson Approved for filing /a3 /2012 REVISIONS: LOCATION: AREA: LOT COVERAGE: d PROPERTY: 12,700 SQ.FT.0.29 ACRES EXISTING HOUSE: 1423.5 SQ.FT. 11.2% EXISTING DECK: 268.2 SQ.FT. 2.1% F SCREENED PORCH 167.9 SQ.FT. 1.3% OVER EX.DECK: TOTAL: 11859.4 SQ.FT. S 39'21'30" E 127.00' O N O HEDGES PROPOSED 55'SPLIT RAIL FENCE G.O.L. o O p U Z2 e Do rn a" N O o m 0 uim z ■ ..........• Lo 1 LOT (lXJ/ EXISTING 26 RECEIVED c DECK 41.5' Q EXISTING HOUSEr 45,5' p t�/1� W MAY 7 2012 PROPOSED SCR.PORCH -- — ----- = M O BOARD OF APPEALS z w/DECK ABOVE Y m ^� W O ......... EHRUBS O V O SLATE EXISTING ~ WALK BREEZEWAY A O .......... 1.3' ,' o 5 LOT EXISTING W ASPHALT DRIVEWAY GARAGE O A^ PROPOSED PORCH ROOF AND 0 (•/� DECK AREA 190 SQ.FT.bo i� AT 100WRUNOFF ATT RAIN m 8.0 PER HOUR:32 CU.FT. O O INSmu Ln =_ MINIMUM 2'dl X2'dmP ORYWELL Z tvi PROPOSED ,1ri CAPACM:42 CU,FT. DRYWELLO 20.0' EX.SPLIT RAIL FENCE G.O.L. b FLOATING 127.00' WOOD DECK ALUMINUM WALK q N 39'21'30"W 57.0' DOCK 0 xa FINAL MAP SITE PLAN REVIEWED BY ZBA SCALE: 1" = 20'-0' ® EC►ISinm # �� 'SEE P. DRAWN. MH/MS DATED SCALE: 1"=2U' .JOB#: May 07,2012 +� SHEET NUMBER: S-1 REVISIONS: a �`Tf,''� 0 U � PROPOSED DECK AND IWUNG , , Er a G c ; -------------- M � E N u b / v _o ® RECEIVE® ® MAY 7 2012 d W a PROPOSED REAR ELEVATION BOARD OF APPEALS SCALE: 1/8"= 1' O A W W o 0 a - FINAL MAP REVIEWED BY ZBA SEE DECISION # ��5bo DATED r 1 ] Ala o a 0�� x wmd EXISTING REAR ELEVATION DRAWN: MH/MS SCALE: 1/4"=1'-0" SCALE: 1/8"= 1' JOyo#,zoiz J SHEETNUMBER:- A-1 1 OFFICE LOCATION: 40 sorry MAILING ADDRESS: Town Hall Annex ,`O� Ol0 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 r. Main Rd. &Youngs Ave.) 1 v' Southold, NY 11971 Telephone: 631 765-1938 G Q Fax: 631 765-3136 l �yCOUNTY,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIVED APR 2 4 2012 To: Leslie Weisman, Chair BOARD OF APPEALS Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator i Date: April 24, 2012 Re Coastal Consistency Review for ZBA File Ref ELIZABETH A. GARDNER#6560 SCTM#1000-47-2-30 ELIZABETH A. GARDNER#6560 - Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's March 8, 2012 Notice of Disapproval concerning screen porch with outside shower over existing deck to a single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, located at: 1665 Shore Road (adj. to Pipes Cove) Greenport, NY. SCTM#1000-47-2-30 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed second story addition is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "II"which states: II. Additions to an existing building or rebuilt residential structure which results in no net increase in ground area coverage, except where the parcel is located in a coastal erosion hazard area; The parcel is not located within the Coastal Erosion Hazard Area. Cc: Jennifer Andaloro, Assistant Town Attorney COUNTY OF SUFFOLK RECEIVED APR 0 2 2012 \ BOARD OF APPEALS �/V S STEVEN BELLONE \1� SUFFOLK COUNTY EXECUTIVE;.. SARAN LANSDALE;AICP DEP RTMENT OF PLANNING DIRECTOR OF PLANNING March 29, 2012 Town of Southold ZBA PO Box 1179 Southold,NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative Codes the following applications submitted to the Suffolk County Planning Commission are 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. Applicants Municipal File Numbers Gardner, Elizabeth 6560 Smith, Justin& Susan(c/o Joseph Fischetti) 6561 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR P.O.BOX 6100 (631)853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(631)853-4044 FORM NO. 3 RECEIVED NOTICE OF DISAPPROVAL LIAR 15 2012 DATE: March 8, 20MAR®OF APPEALS TO: Elizabeth A. Gardner c/o Patricia Moore 51020 Main Road Southold,NY 11971 Please take notice that your application dated March 2, 2012: For permit for Screen porch with outside shower additions over existing rear deck at: Location of property: 1665 Shore Road Greenport,NY County Tax Map No. 1000 - Section 47 Block 2 Lot 30 Is returned herewith and disapproved on the following grounds: The proposed additions on this non-conforming 12,700 sq. ft. lot in the residential R-40 District is not allowed pursuant to Article XXII section 280-116 (B) which states "All building or structures located on lots upon which a bulkhead ...exists... shall be set back not less than 75 feet from the bulkhead." The site plan shows a setback of 45.5 feet from the bulkhead. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. RECMVED WAA r n fee:$�✓b� Filed By: Assignment No. t .S 00AR OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 1665 Street Shore Road Hamlet Green port SCTM 1000 Section 47 Block 2 Lot(s) 30 Lot Size 12,700 sq.ft.Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED_March 8,2012` BASED ON MAP site plan prepared by Mark Schwartz dated 2/22/2012 Applicant(s)/Owner(s): Elizabeth A. Gardner . Mailing Address: 2932 Davis Street,Oceanside NY 11572 Telephone: c/o Pat Moore 765- 4330 Fax#: 765-4663 Email: pcmooreAmooreattys.eom NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder, contract vendee,etc.and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for(X) Owner,or ( ) Other: Agents Address: 51020 Main Road,Southold NY 11971 Telephone 765-4330 Fax#: 765-4643 Email: pcmoore(&mooreattys.com Please check to specyy who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or E Authorized Representative, or ❑ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 2/22/12 and DENIED AN APPLICATION DATED 3/2/12 FOR: 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.) 1.Article XXII Section 280-116(B) setback from bulkhead Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal, X has been made at an,, t�with respect to this property, UNDER_Appeal#4053-approved deck 401from bulkhead(condition that it remain un-roofed) RECEIVED MAR 15 2012 (Please be sure to research before completing this question or call our office for assistance.) BOARD OF APPEALS Name of Owner: Elizabeth A. Gardner ZBA File# �O REASONS FOR APPEAL(additional sheets may be used with preparer's sienature): 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 owner proposed to enclose a 13'x 13'portion of existing deck. The existing setbacks of the house will not change. The lot coverage remained the same before and after the work. The previous variance for the deck allowed up to 40' from the bulkhead and the proposed setbacks of 45.5' are landward of the previously approved variance. The application for the deck by the prior ownerd was for an open deck,the ZBA granted the variance,as applied,therefore the roof-over screened porch requires the variance. (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 structures and the property are non-conforming. The screened porch will take up a portion of the existing deck. The screened porch provides protected outdoor living space in front of the dinning&living area of the existing house. The owner considered alternative locations,however,the screened porch is proposed adjacent to the living area of the existing home and the entire rear side of the house is within 75 feet of the existing bulkhead. (3) The amount of relief requested is not substantial because: While the variances are significant, the property is nonconforming and neighboring properties are similarly developed in this community. The screened porch will occupy an area which is already developed. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because:The enclosed porch will require a dry well for the roof runoff. The enclosed porch will not result in any affect on the environment. The property is protected by a bulkhead and the bulkhead has been maintained. (5) Has the alleged difficulty been self-created? ( )Yes,or (X)No the existing house was pre-existing nonconforming as to set backs. The lot is only 127 feet in depth,therefore the existing house is within 75 feet of the existing bulkhead. The parcel is lot 25and 26 of Map of Greenport Shores,and the lot size is 12,700 sq.ft.,which pre-dates the one acre zoning regulations. Are there Covenants and Restrictions concerning this land: X No. Yes(pleasefurnisl: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 ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET.• (Please be sure to co i r attorney.) Isignaure of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this p'f day P9AI ,20 I BETSYA.PERKINS / Notary Public,State of New York No.01 PE6130636 Oualified in Suffolk Coun�� Commission Expires July 18, ,' ARRF APPEALS BOARD MEMBERS _'• S,COTTL.H S Supervisor Gerard P.Goehringer,Chairman :r `c, 1•�, �'�' .r Charles Grigonis,Jr. :> «'F` i �� �` own Halt 53095 Main Road Serge Doyen,Jr. l t:' • P.O_Box 1179 James Dinizio,Jr. j.:<. Southold,New York 11971 Robert A.Villa l�. ?'_ '" �;;�f �.� ! Fax(516)765-1823 Telephone(516)765-1809I� r � Telephone(516)765-18Q0 BOARD OF APPEALS �!50"o TOWN OF SOUTHOLD MCEIVED `�� MAR 15 2012 ACTION OF THE BOARD 180ARD OF APPEALS Appl. No. 4053. Upon application of DOUGLAS MORRIS. Variance to the zoning Ordinance, Article XXIII, Section 100--239.4B for permission to construct deck and step area within 75 feet of the bulkhead along Pipes Cove. The subject premises is referred to as (combined) Lot Numbers 24 anei ')^ --A ;; Gnhs andard in site. ►ocation of Property: 2i�JDY� zoo©- W1HEREAS, a public hearing was held on September Zia, 1991, and at said hearing, all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and doctbrentation submitted concerning this application; `,WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and VMEREaS, the Board made the following findings of fact: 1. By this application, appellant seeks a variance under Article XXIII, Section 100--239.4B for permission to construct a 12 ft. by 34.7 ft. wide open-deck addition from the rear (southeasterly end) of the existing dwelling, thereby requesting a reduction in the required setback to 43 feet. 2. The premises in question is identified on the Suffolk County Tax .daps as District 1000, Section 47, Block 2, Lot 30 and contains a total lot (upland) area of 12,700 sal. ft. 3. The dwelling as exists presently has conforming sideyards totaling 33 feet (20 & 13) ) , a conforming front yard setback at 41 feet, a nonconforming setback from the bulkhead at 58 feet, and conforming lot coverage at less than 20%. The parcel as exists is substandard with 12,700 sq. ft. in total lot. area. The lot width along Shore Drive is conforming at 100 feet. Page 2 - Appl. No!. __3 RECEIVED Matter of DOUGLAS MORRIS MAR � 5 201Z Decision Rendered September 26, 1991 a BOARD OF APPEALS 4. article XXIII, Section 100-239.43 of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent Island Sound to bes to tidal water bodies other than the Long et back not less than seventy-five (75) feet from ,.be bulkhead.' 5. For the record it is noted that similar setbacks exist upon other parcel 'in the immediate area. (and fronting along Pipes Core) . &. In considering this application, the Board finds: (a) the, relief reg tested is not substantial in relation to that existing at this site or nearby parcels; (b) the, relief requested is the minimum necessary to afford relief; the construction is for an open, unroofed deck addition without a foundation or basement and without a roof or full enclosure; (c) the relief as requested will not alter the essential character of the neigbborhoodr (d) tho practical. difficulties imposed are uniquely related to the pr6perty and are not personal; (e) the grant of the relief as reques-ed will not in tarn be adverse to the safety, Inea.l.th, welfare, comfort, convenience or order of the town, or be adverse-to the neighboring properties a (f) in vriew of all the above, the .interests of justice will be served by 'granting the relief as requested and conditionally noted below. Accordingly, ion motion br .7 Mr. Goehringer, seconded by i<ir. Di nizio, it Wray RESCW RD, to C-P-A T a variance for an open, ranroofed, deck addition at the rear of the existing dwelling, SUBJECT TO ��x, FOLLOWING CONDITIONS: ' I., The deck, !addition ramain open and unroofed, as app?iied. (All runoff lro.m the roof of the existing structures shall be retained on size. ) 2. That the setback for the proposed .deck., inclusive of all step areas, shall. i be limited to not less than 40 feet (measured from the outside Edge of the bulkhead) . REMYED Page 3 - Appl. No. 4053 Futter of DOUGLAS PIORRIs MAR.15 2W Decision Rendered September 26, 1991 BOARD OF APPEALS 3 . That the proposed deck shall remain open and unroofed, as applied. Vote of the Board: Aires: Messrs. Goehringer, Doyen, Grigonis, Dinizio and Villa. This resolution was duly adopted. � � x lk GERARD R. GOEHRINGE'R, CHkIRMAN RECEIVED APPLICANT'S PROJECT DESCRIPTION MAR 15 2012 (For ZBA Reference) BOARD OF APPEALS Applicant:_Elizabeth A. Gardner I_ �� Date Prepared:March 13,2012 (C 1. For Demolition of Existing Building Areas Please describe areas being removed: N/A 11. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension- screened porch 13' x 13' over existing deck Dimensions of new second floor- none- Dimensions of floor above second level: none Height(from finished ground to top of ridge): match existing roof 12' 6" Is basement or lowest floor area being constructed-N/A If yes, please provide height(above ground) measured from natural existing grade to first floor: 12' 6" III. Proposed Construction Description(Alterations or Structural Changes) See Drawings by Mark Schwartz 2/16/2012 (attach extra sheet if necessary) - enclosed porch over existing deck Number of Floors and General Characteristics BEFORE Alterations: existing two story house with open deck Number of Floors and Changes WITH Alterations: existing two story house with 13' x 13' of deck enclosed with a screened porch IV. Calculations of building areas and lot coverage(from surveyor): Proposed increase of building coverage: 0 sq.ft. Square footage of your lot: 12,700 sq.ft. To bulkhead See Site Plan: House: 11.2%, existing deck 2.1%; screened porch over existing deck 1.3% Percentage of coverage of your lot by building area 14.6% V. Purpose of New Construction Requested: screened porch over existing deck VI. Please describe the land contours (flat, slope%, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): 100' x 127' pre-existing nonconforming parcel with a bulkhead. Deck remains received a variance in 1991- deck condition that be open; requesting 13' x 13' screened porch Please submit seven(7)photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered with yard view. 7/2002; 2/2005; 1/2007 RECEIVED QUESTIONNAIRE MAR 15 201Z FOR FILING WITH YOUR ZBA APPLICATION BOARD OF APPEALS 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? \)C No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? 15cCLL1CLtGQ e1 li3 wu'taj 2.)Are those areas shown on the survey submitted with this application? 'des 3.)Is the p(o erty bulk headed between the wetlands area and the upland building area? .e S 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? KJo Please confirm status of your inquiry or application with the Trustees: Z[3 A and if issued,please attach copies of permit with cond tions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? fv,o E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? Mo Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? Vo If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? l/o If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel and the proposed use SC�r-ems p en-J -X'�x. 1-3 (9'{M�l Q C`of74r (ex:existing single family,proposed:same with garage,pool or other) Aut orized signature Land 03-13-12; 17:48 7654643 # 1/ 5 RECEIVED FORM NO. 4 TOWN OF SOUTHOLD MAR 15 2012 BUILDING DEPARTMI%NT BOARD OF APPEALS office of the Liuildi.n9 Inspector 656o Town Hall Southold, N-Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No Z--19657 Date_JANUARY. 15. 1991 ------ THIS CF,'RTIF,T.ES that the building ONE FAMILY nwzLL.ING _ Location of Property 1665 aka 513 SHORE RSADe - GItE1�.NP0RT N Y•Hamlet House No. et County Tax Map No. 1000 Section Block 2 Lot 30 47 - - Subdivision Filed Map No. Lot No. conforms substantially to the requirements for a Private One Familx Dwelling built prior to: APRIL 9 1957 pursuant to which CERTIFICATE OF OCC. 9Z-� 19657 ^daE;ed JANUARY 15 1991 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 1?AMILY DWELLING WITH ENCLOSED BREEZEWAY & ATTACHED TWO CAR GARAGE. * The certificate is issued to x,AURAo TEV,NSON of the aforesaid building. SUFFOLK COUNTY DIpARTMENT OF HEALTH APPROVAL+ N A UNDERWRITERS CERTIFICATE NO- N/A PLUMBERS CERTIFICATION DATED N(A *PLEASE SEE ATTACHED INSPECTION REPORT. 4 r yBui Inspector Rev. 1/81 03-13-12; 17:48 7654643 # 2/ 5 RECEIVE® ]3Ui:DIL 0 DEP^.RT:TENT TOWIN OF sOUTHOLD, N. Y- MAR 15 2W HOUSIM CODE IfISPECTIOV REPORT (a/Y/a 513 SUORE ROAD) GRgENPORT, N.Y. BOARD OF APPEALS Location 1665 SHORE ROAD (nuraocr a szrcez) k5unzcxp5TLtY1 Subdivision AIap Kane of Owner(s) LAURA STEVENSON A-1 OWNER Occupancy owner-cenanz) (type) SELF Admitted by: SELF Accompanied by: Key available Suffol),c Co. Tax 140. 1000-47-2,::30 Source of request CARRIERI a LYNCH. A'I'TYS Data DEC.26, 1990 Type of construction WOOD FRAME ,stories 1-1/2 xx Fouzldatio ellar CEl1F.NT HLOL'& Crawl space n C Total rooms, 1st. Fl 4 2nd. F1?�.-3rd. rl Bathroom(s) ONE FULL Toilet room(s) Porch, 'type Deck, type patio, type_ 2 CAR Utility room Breezeway F1lctosEB GarageY Type Heat oI.L 'dKrm Air_ _ 11ot.water R% - ):ireplace(s) . oxE No. Exits 2 Airccrdi•:;ion_no Dorsestic hotwa•ter OFF SOILBF Type heater Other ATTACHED SRHD FOR BOILER ACCESSORY STRUCTU ES: • Carage, type coast. Storage, type coast. 5tii;acp pool Guest, 'type eons•t._, Other - VI02,ATxODTS: CHAPTER /i5—N.Y- STArV UNIFORM FIRE PREVENTION 6 BUD-DING COBS Location DPscrioti.on � Art. Sec. I . Remarks BP 3215 2 Co Z-17214 for ADDITION Date of Insp. Jaouyry 7. 1991 Inspected by: GARY J FISU Tj,me start 1o�30 end 10-•50 03-13-12; 17:48 7654643 # 3/ 5 r,Mm NO. 2 RECEIVED TOWN OF SOUTHOLD MAID 15 2012 BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOU` HOLD, N. Y. BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No. ... a... ,:p%�'i ..... .. Date .......................... 4..... , 19..0. THIS CERTIFIES that the building located at .,. ...... Street map No. . Block No.�4xfr shores —.—.A-* ....... Lot No. .....Zo�..&..2�.............................................. Mop No conforms substantially to the Application for Building permit heretofore filed in this office doted ............ 19.61. pursuant to which Building Permit doted .......................AWXXO-t-16............ 19...6.3., 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 ........ ............................................................................ The certificate is issued to ...................... (owner, lessee or tenant) ............. . ........ of the ofor'osald building. j Building Inspector j . 03-13-12; 17;48 7654643 4 4/ 5 FORM NO. 4 RECEIVED TOWN OF SOUTHOLD ee BUILDING DEPARTMENT M A R e� 2012 Office of the Building Inspector 'Down Hall [BOARD OF APPEALS Southold, N.Y. (,957(pO CERTIFICATE Or OCCUPANCY No Z-20544 Date FE'BRUARY 244 1992 THIS CERTIFIES that the building PiDDITZON Location of Property ]665 SHORE DRTVIr GREENPORT, N.Y. House No. Street Hamlet County Tax Map No. -1000 Section 47 Block 2 Lot 30 subdivision riled Map No.__,^ Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 8, 1991 _ __pursuant to which Building Permit No. 10219••Z dated OCTOBFR 21,1997 *' was issued, and conforms to all of the requiremelits of the applicable provisions of the law. The occupancy for which this certificate is issued is DECK ADDITION TO EXISTING ONE FAMILY DWELLING AS APFLIFD FOR & TO ZnA 44053. The certificate is issued to DOUGLAS & MONI2UL MORRIS (owners) of the aforesaid building. SUFFOLK COUNTY DEPAR`1`XENT OF [iRA'LT.H APPROVAL- I4/A UNDERWRITERS CERTIFICATE NO.� N A PLUMBERS CERTIFICATION DATED NJA L.. B t�.3ing Inspector Rev. 1/t31 03-13-12; 17.48 7654643 # 5/ 5 1!-GRM NO. 4 RECEIVED TOWN or, SOUTHOLD BUILDING DEPARTMENT MAR 15 2012 office of. the Building Inspector Town Ball BOARD OF APPEALS Southold, N.Y. CERTIFICATE OF OCCUPANCY No 7-20543 Date^ FEBRUARY 24, 1992 THIS CERTIFIES that the building ALTI+.RATION & AD131-TION LOoati.on of: Property 1665 SHORE DRIVE GPSENPORT N.Y. House No. Street hamlet County 'lax Map No. 1000 Section 4:2 Black 2 Lot 30 Subdivision Filed Map No. Lot No. conforms substantially to the Appl:i.catiotl fox Building Permit heretofore filed in this office dated k'ESRUARY 19, 1991 ursuant to which Building Permit No. 19678-7,_ —dated FEBRUARY 22, 1991 was i.ssued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ALTERATION S& pORbMR ADDITION TO EXISTING ONE >:AMILY DWELLING The certifi.cate is issued to DOUGLAS & MONI UE MORRIS �. (owners) of the aforesaid building. SUFFOLK COUNTY DERARTMENT OF HEALTH APPROVAL NZA ______ UNDERWRP.CFRs CERTIFIC10-E NO. N-2217.52 - JANIJARY 20, 1992 PLUMBERS CERTIFICATION DATED FF,RRUARY 19 1992 - ROY C.I. T.APLIN Building inspector Rev. I/81 RECEIVED AGRICULTURAL DATA STATEMENT MAR, 15 2012 ZONING BOARD OF APPEALS 180ARD OF APPEALS TOWN OF SOUTHOLD �5-(oo WHEN TO USE THIS FORM: The fore:must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- m and 239-n of the General Municipal Law. 1)Name of Applicant:_L C,t Z (-1 (�C��FH GA,e f3 -"3 ` C h&. 9 P T2►c,A C- H(X Oa-T1--[� 2)Address of Applicant: C-Q a A,3 s, 3)Name of Land Owner(if other than applicant) 4)Address of Land Owner: 5)Description of Proposed Project:_ SC Q 1002 c to (yi,2 l=.-f-1 a-n 6)Location�of P�- e - L-k-I- . x number): `LO ¢S- S�-� p2� 2C7R O "Z �l Pc�vC 7)Is the parcel with'm an agricultural district?KNo ►'es If yes,Agricultural District Number 8)Is this parcel actively farmed?XNc ,Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address 1. 2. 3. 4. 5. 6. (Please use back side of page if more than six property owners are identified.) The lot numbe be obtained, in advance,when requested from the Office of the Planning Board at 765- 1938 a Zoning B rd of Appeals at 765-1809. ignature 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.Solicitation will be made by supplying a copy of this statement. 2.Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3.The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement 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.Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 PROJECT 1D NUMBER 611.20 SEAR, APPENDIX C RECEIVED ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only MAR 1 6 2012 PART 9-PROJECT INFORMATION (To bd completed by Appiicant or Project Sponsor) 1.APPLICANT!SPONSOR 2,PROJECT NAME PPEAILS 3:PROJECT LOCATION: l� Municipality County 4.PRECISE LOCATION: St eet Addess and Road Intertections. Prd.minent landmarks etc -or provide map 5.IS PROPOSED ACTION.: ® New EXpanSion. Modification/alteration, sc's D 6.DESCRIBE PR.OJEGT:BRIEFLY: 7.AMOUNT OF LAND AFFECTED: Initially acres Ultimately .;acres 8.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? E]Yes No If no;describe briefly; 9.WHAT IS PRESENT LAND USE IN' VICINITY OF PROJECT? .(Choose-as many as apply,) Residential Industrial ❑Commercial DAgricUlture Park l Forest/Open$Pace a:Other (gescriW. 10. DOES ACTION INVOLVE,A PERMIT APPROVAL, QR FIINQING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) Yes a No If yes, list.agency name and Permit / approval: 11.DOES ANY ASPECT OF THE ACTION' HAVE A CURRENTLY VALID PERMIT OR APPROVAL? El Yes F�allo If yes, list agency name and permit/ approvat 1t�22.-.L�A,"S A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? E]res DING I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appiicant /Sp nsor Name /"� �i � - Date: 5//y 17 I Signature If the action is a Costal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding With this assessment }i{ I I I MAR 15 201Z 690 PART II—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.a? It yes,coordinate the review process and u L .Yes r!'�No 'n. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR.PART 617.6? It No.a negative cectaration may be superseded by another involved agency. yes fy No C: COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(A.-wers may be handwritten, if legiole) C1. Existing air quality, surface or groundwater quality or quantity, noise levels• existing traffic patterns, solid waste production or disposal potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural. archaeological,historic,or other natural or cultural resources:or community or neighborhood character?Explain briefly: C3. Vegetation or launa. lisp, snellfish or wildlife species,significant habitats, or threatened or endangered species? Explain briefly: Ca. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly. C5. Growth. subsequent development, or related activities likely to be induced by the proposed action?Explain briefly. C6. Long term,short term,cumulative,or other effects not identified in Cl-CS?Explain briefly. C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? Yes ❑No E. IS THERE,OR IS THERE LIKELY TO OF, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? 0 Yes ❑No If Yes,explain briefly PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect Identified above,determine whether it.is substantial,large,important or otherwise significant. Each effect should be assessed in connection with Its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility;(e)geographic scope; and(f) magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part 11 was checked yes, the determination and significance must evaluate the potential•impact of the proposed action on the environmental characteristics of the CEA. ❑ Check this box if you have identified one or more potentially large or significant adverse irrnp'acts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ 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 AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency Print or Type Name or Responsible Officer in LeaU Agencv title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(it different trom responsible officer) Date 2 RECEIVED MAR 15 2012 BOAR®OF APPEALS Elizabeth Gardner February 28,2012 Patricia C. Moore,Esq. 51020 Main Road Southold,NY 11971 Dear Ms.Moore: I,Elizabeth Gardner,as owner,hereby authorize you to make any and all applications to the Zoning Board of Appeals and any other necessary agencies on our behalf regarding property located on 1665 Shore Road, Greenport,New York(sctm: 1000-47-2-30) Very truly yours, Elizabeth Gardner RECEIVED 65 APPLICANT M A R 15 2012 TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) [BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information,which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME:_Patricia C.Moore Esq._and Elizabeth A. Gardner (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 or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance X Special Exception If"Other", .name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees 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. fi 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 day o Signature:_ Patricia C.Moor Print Name: Elizabeth A. Gardner RECEIVED LWRP CONSISTENCY ASSESSMENT FORM MAR 15 2012 E30ARD OF APPEALS A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus,the action should, be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION- 13' x 13' screened porch over existing deck SCTM#1000- 47-2-30 1665 Shore Road, Greenport The Application has been submitted to (check appropriate response): Town Board Planning Dept._Building Dept. Board of Trustees X Zoning Board_X 1. Category of Town of Southold agency action(check appropriate response): RECEIVE® MAR 1 5 2012 (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) (b) APPEALS (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: 13' x 13' screened porch over existing deck Location of action: 1665 Shore Drive, Greenport Site acreage: .25 acres. Present land use: residential Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a)Name of applicant: Elizabeth A. Gardner (b)Mailing address: 2932 Davis Street, Oceanside NY 11572 (c) Telephone number: Area Code (631 ) 765-4330 (Pat Moore) (d)Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes No If yes, which state or federal agency: bulkhead built prior to 1962 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 dverse effects of development. See LWRP Section III- Policies; Page 2 for evaluation criteria. Yes No Not Applicable RECEIVEo screened porch over deck constructed in 1991 MAR 15 2012 Attach additional sheets if necessary BOARD OF APPEALS 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 Existing developed site- fully developed area. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No Not Applicable The existing bulkhead protects upland property. Existing deck remains with 13' x 13' screened porch. 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 roof runoff of the screened porch will have dry wells 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 RECEIVE[) _ � 2J1 Mr'll�nR 0 nnq� evaluation criteria. 'BOARD OF APPEALS Yes No Not Applicable No change as screened porch is over an existing structure with the same setbacks. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34 through 38 for evaluation criteria. Yes No Not Applicable 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 Property previously developed with a bulkhead. 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 Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable property is a waterfront parcel with a single family dwelling. Screened porch enhances use of waterfront parcel. 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 Upland of bulkhead RECEIVED Attach additional sheets if necessary MAR 15 2012 WARD OF APPEALS Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III-Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable `RECEIVED BOARD OF APPEALS 1 .ti vr _ _ '• — ' CCCIII ' a r a 4 . =r GARDNER; 1665 SHORE DRIVE, _ GREENPORT. �D SCTM: 1000-47-2-30 } �rtr-'"^tie ' � t ' ' r~ r „,'i'--. �-°s"► - - -y" �. � ,1 _ _ �•.. r _ ►� . ./�- I�� � sue.`.W1 do . -,4-• 10- 4 r ARDNER; 1665 SHORF401- ED REENPORT - CTM: 1000-47-2-30 i" BOAR®OF APPEA �._ ,. -.._._may.,r s < 9•�� � � . _ ..Ar. i - _. _ - ��� •{r � t ter- r3$ x I� { n. # ti f ARDNER; 1665 SHOR &jg, ''- ~`r •� ...- ,•'�` .z , -.. REENPORT CTM: 1000-47-2-30 •`°f^ 'r + .• ti•.i ��2' t _ � 0 SOARDOFAPPEALS AL TOWN OF rHOLD B IING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans O TEL:(631)765-1802 Planning Board approval FAX:(631)765-9502 Survey RECEIVE® www.northfork.net/Southold/ PERMIT-NO. Check t Septic Form l\�I r ll, �O I D V N.Y.S.D.E.C. Truitees§tees Examined 20 C BOARD or-APPEALS a Approved 120 MAR — 2 2012. Mail to: Disapproved a/c 5 BLDG.DEPT, hone: Expiration 20 TOWN OF SOUTHOLD Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit shall be kept on the premises available for inspection throughout the work, e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter,anew permit shall be required.. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,.additions,or alterations or for removal or demolition as.herein described..The applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name,if corporation)J' (v-Z � f � ,T1A l�0001�� j " oul*alzl (Mailing address of applicant) State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder Name of owner of premises (=Lrz,-Zle� (9rclA . (As on the tax roll or latest deed) If applicant is a corporation,signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Locati n of land on which proposed work will be done: /1e4,5' 54 14- �2r�ad- House Number Street Hamlet F*,lfililR2q.off Y87:�?a 44 7 a?trs4°ago to o1ctB ! ! w County Tax Map No. 1000 Section Block �R Subdivision Filed Map No. 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: I_ a. Existing use and occupancy b. Intended use and occupancy / RECEIVED P 3. Nature of work(check which applicable):New Building A dition�Alteration MAR 15 2012 Repair Removal Demolition Other Work (Description) BOARD OF APPEALS 4. Estimated Cost Pee. (To be paid on filing this application) 5. If dwelling,number of dwelling units Number of dwelling units on each floor If garage, number of cars 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 �� 5 Depth Height Number of Stories "?, Dimensions of same structure with alterations or additions: Front iZ7 Rear Depth Height Number of Stories 8. Dimensions of entire new construction:Front Rear Depth Height Number of Stories 9. Size of lot:Front BOO Rear /Z7 Depth ��7 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?YES_NO 13.Will lot be re-graded?YES_NO—Will excess fill be removed from premises?YES_NO_ 14.Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a.Is this property within 100 feet•of a tidal wetland or a freshwater wetland?*YES NO *IF YES,SOUTHOLD TOWN TRUSTEES&D.E.C.PERMITS MAY BE REQUIRED. b.Is this property within 300 feet of a tidal wetland?*YES NO *IF YES,D.E.C.PERMITS MAY BE REQUIRED. 16.Provide survey,to scale,with accurate foundation plan and distances to property lines. 17:If elevation at any point on property is at 10 feet o�rr below,must provide topographical data on survey. STATE OF NEW YORK) --;, �,q SS, COUNTY OF-SA lf�C being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the (Contract ,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 manner set forth in the application filed therewith. Sworgito before me this day of 20 �� No u lic Signature of Applicant A.PERIONS Notary Publla,Stahl.-tmew yod�:::Z <> No.01PE6t00636 Glualifled in Suffolk Coun� Commission Expires July Ia. TOWN OF SOUTHOLD PROPERTY RECORD CARD Dy�ER STREETDIST. SUB. y" LOT VILLAGE 4-1 'Cif L IS, -,9ftmER 6WNER14orrit F&m ITsTip N E tr ACRI Hauls ki+red vtjw-d�r S w TYPE bF BUILDING :S. rj SEAS. IVL. FARM ICOMM. CB. MISC. Mkt. Value IMP. TOTAL DATE II REMARKS 112, 9 ) Q 1.20LI-71 1- L -r-4 ch- Lf 0 00 r4 L-40 -77o 6 L I 12t3 Vic- f- -b) r L-11233 I AGE BUILDING CONDITION 12- 1 L 11Z 3 9 5-3 - 1n1(-1/'cl -h) ful .0 rri s 36 0.,50 C) NORMAL a BELOW ABOVE J O)a g-e fy; w' p-1 A� I 1A)M Acre Value Per Value Acre 31q N L 4 q5 rr,s +o Mor r s F&m Me r ki c I , f of 1,S f-3 c--. gm - '111-oble 2 12-36 - L U 21,,,// L P�3cl -Ml) rci� A) (�o�-c-jtvu- go illable 3 -- . . ! - ®AR®(A APPEALS fcodlorr4 0 2-14 wampbana FRONTAGE ON WATER rushiand FRONTAGE ON ROAD louse Plot DEPTH dft- BULKHEAD --J 'otal DOCK ■N■R!:NNT"MEIRRIM■i O MEN ■■i�iS-i■■■■1■ iif ill ■■ ■■■■■11i0■!SI■EMISS.amm �iWE ll •• �� Foundation Interior Finish Heat Woodslove . ' y k� ®� • Roorns 2nd Floor 4 Mill t -- - = t MEMO ■ii■■■i■t■■■i■ii■i rz �� - -.--- - � :��.:__:�_ ■iiif� �.���iE�ii■�li■DOES - - - -- -- - - nMMMO�■i■■■■■■Mf ■■ME ■�■ ■i■iMi■i■■■■n■M■■i I • PATRICIA C. MOORE RECEIVED Attorney at Law 51020 Main Road 1'v1AR 15 2012 Southold,New York 11971 WARD OF APPEALS Tel: (631) 765-4330 Fax: (631) 765-4643 March 15, 2012 Attn: Vicki Zoning Board of Appeals Town of Southold Main Road Southold NY 11971 hand delivered Re: GARDNER; 1665 SHORE DRIVE, GREENPORT; SCTM: 1000-47-2-30 Dear Chairman Weisman and Board members: With reference to above, enclosed please find an original and 8 sets of the following: 1. Notice of Disapproval dated March 8, 2012 2 . Application, (includes prior ZBA decision) 3. Project Description 4. Questionnaire, C.O' s. 5. AG Data form 6. Short EAF form 7 . Owner' s consent 8. Transactional Disclosure for all 9. LWRP form 10. Photos 11. Survey 12. Building plans 13. Town property Card 14. My clients check for the filing Please place this matter on your next available calendar. Thank you and please do not hesitate to call should you have any questions. Very truly yo.u,rs, Patricia C. Moore encls. C: Ms. Liz Gardner (via email) o�oSUFFoc,��o ELIZABETH A.NEVILLE,MMC �� G.y Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 y Z Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS 5 Fax(631)765-6145 MARRIAGE OFFICER 'y RECORDS OF MANAGEMENT OFFICER ��,( .��0 Telephone n.no 7 fork. 0 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Board of Appeals FROM: Elizabeth A Neville DATE: March 15, 2012 RE: Zoning Board of Appeals—6560 Transmitted herewith is Zoning Appeals No. 6560—Elizabeth A. Gardner Application to the Southold Town Zoning Board of Appeals. Also enclosed is Notice of Disapproval dated March 8, 2012, Board of Appeals Action dated September 26, 1991, Applicants Project Description, ZBA questionnaire dated March 12, 2012, Building Department Pre-Existing Certificate of Occupancy, Building Department Housing Code Inspection Report, Building Department Certificate of Occupancy dated November 4, 1963, Two (2) Building Department Certificate of Occupancy dated February 24, 1992 #20543 & 20544, Agricultural Data Statement, Short Environmental Assessment Form dated March 12, 2012, Authorization Letter for Patricia Moore dated February 28, 2012, Applicant Transactional Disclosure Form dated March 12, 2012, LWRP Consistency Assessment Form, three (3) color photos, Application for Building Permit dated March 2, 2012, Copy of Property Card (3 pages), cover letter from Patricia Moore, Site Plan and Survey. Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 03/15/12 Receipt#: 127760 Transaction(s): Reference Subtotal 1 1 ZBA Application Fees 6560 $500.00 Cash Total Paid: $500.00 Name: Gardner, Elizabeth A 2932 Davis St Oceanside, NY 11572 Clerk ID: LYNDAR Internal ID:6560 BOARD MEMBERS ® rjF SU(/ • Southold Town Hall Leslie Kanes Weisman, Chairperson �� �yQlO 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. #t Office Location: Gerard P. Goehringer A A Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Ken Schneider Ql'YCQ� � Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 3, 2012 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, P.O. Box 1179, Southold, New York 11971-0969, on THURSDAY, MAY 3, 2012: 11:00 A.M. - ELIZABETH A. GARDNER #6560 - Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permi-f and the Building Inspector's March 8, 2012 Notice of Disapproval concerning screen porch with outside shower over existing deck to a single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, located at: 1666 Shore Road (adj. to Pipes Cove) Greenport, NY. SCTM#1000-47-2-30 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: Vicki.Toth(&-Town.Southold.nyr.us . Dated: April 6, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road.(Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 T ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: bqp://southtown.northfork.net April 9, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,May 3, 2012 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 Times Review newspaper. 1) Before April 16tn: 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 April 23rd: 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 April 25th: 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 May 1, 2012. 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. NOTICE OF HEARING The following application will be heard by the Southold Town E ,oard of Appeals at Town Hall , 53095 Main Road, Southold: 4AMEmm GARDNER, ELIZABETH # 6560 SCTM # : 1 000-47-2-30 VARIANCE : BULKHEAD SETBACK BEQUEST: ADDITIONS DATE : THURS . MAY3 , 2012 11m. 00AM 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 765- 1809 S #10649 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 19th day of April, 2012.. P ' cipal Clerk Sworn to before me this day of 2012. fi C�J \ RISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01 V06105050 Quallfled In Suffolk%county My Commisslon Explr6s'06brUdiy 26, 2016 proposed additions and alterations to 1000-64-2-15 Avenue (corner Willow Street),.Cu- a single family dwelling,at-1)less than 12.00 P.M. - LAURA YANTSOS tchogue,NY.SCTM#10.00.103-7-20 the code required front yard setback #65G2-Request for Variance from Ar- 2:50 P.M. - BARRY ROOT #6559 of 50 feet to Carrington Road,2) less ticle XXIII Section 280-124;based on Request.for:Variance,from Article than the.,code required front yard set- an application for building permit and XXII Code Section 280-116(B) based back of 50 feet to Nassau'.Point Road, the.Building Irispector's-Mardi 6,72012 on an application.for building.,permit located at:4800-Nassau PointRoad.(:cor- Notice of.Disapproval.concerning"as arid,the Building.Inspector.'.s-February ner Carrington Road) Cutchogue, N.Y.. built"addition to,an.existing single fam= 14;.2012 Notice .of :Disapproval.con- SCTM#1000-111-8-11&12 ily dwelling,at;1)less than the code re- cerning .proposed partial demolition 11:00 A.M.-ELIZABETH A.GARD- quired side yard setback of.10 feet,lo- and.reconstruction with additions to a NER#6560-Request for-Variance from rated-at;3455 Bay.Shore•Road(adj..to single family dwelling,at;1)less;than the Article XXII Code Section 280-116(B) Shelter Island Sound) Greenport,:NY code required bulkhead.setback of 75 based on an application for building per- SC-fM#1000-53-6-11 feet;.located at:6315 Indian Neck Lane LEGAL NOTICE mit and the Building Inspector's March 8, 1:20 EM. LISA and.DAVID Cl- (adj.to Richmond.Creek)Peconic;NY. SOUTHOLD TOWN 2012 Notice of Disapproval concerning FARELLI #6488 (Re-Opened from . SCTM#1000-86-6-20 ZONING BOARD OF APPEALS screen porch with outside shower over ex- August 4.2011 public:hearing.)On Au- 2:50. P.M. H M. - ERNAN MICHAEL THURSDAY MAY 3,2012 isting deck to a single family dwelling,at; gust 18,2011 the Zoning•Board of Ap- OTANO(BREEZY:SHORES)#6557-= PUBLIC HEARINGS 1)less than the code required bulkhead peals granted a front yard,sear yard and Request for Variance from Article XXII1 NOTICE IS HEREBY GIVEN,pur- setback of 75.feet,located at:1665 Shore side yard variance to the applicant based Code Section.280-123 and the Building suant.to Section 267 of theTown Law and Road (adj. to Pipes Cove) Greenport, upon a Request for.Variances from Ar- Inspector's December 12,2011,updated Town Code Chapter 280(Zoning),Town NY SCTM#10.00-47-2-30• ticle XXIII Code Section 280-122 based March 6, 2012 Notice of Disapproval of Southold,the following public hear- 11:20 A;M. - RICHARD MEYER- on a building permit,application for.ad- based on an application for building per- ings will be held by the SOUTHOLD HOLZ #6556 - Request for Variances ditions and alterations to a nonconform- mit for demolitioh`and construction of a TOWN ZONING BOARD OF AP- from Article XXIII Code Section 280- ing building,located at;1335 New Suffolk cottage at;1)a nonconforming building PEALS at the Town Hall,53095 Main 124,based on an application for build- Road Cutchogue;NY.SCTM#1000-109- containing a nonconforming use shall Road, P.O. Box 1179, Southold, New ing permit and the Building Inspector's 7-9.3.The Zoning Board.of Appeals,at not be enlarged, reconstructed, struc- York 11971-0959,on THURSDAY MAY January 12,2012 Notice of Disapproval its April 5,2012 Regular Meeting,voted aurally altered or moved, unless such 3.2012: .- concerning proposed demolition and.re- on its own-motion,to re-open.th'e-public building,ischi tinged-tq a,conferming-use, Carryover.Hearings,:continued from construction of a single family dwelling, hearing to consider additional facts not locatnd:at:#5Breezy Shores Comm.-Inc., prior meetings and.pending additional at;1)less than the code required front in the record concerning;two principal Sage Blvd.(adj:to Shelter Island-,Sound) information: yard setback of 35.feet,2)less than the use on the site.and compliance with Greenport,NY.SCTM#1000-53-5-12.6 Adjourned from. Public Hearing code required minimum side yard set- lot area requirements as set forth in the ' .;.The.Board.of Appeals will:hear all April 5,2012 back-of 10 feet ,3),less than the code memorandum from the Planning Board persons or their representatives, desir- IO:ORA.M.—OLIVER and GLORIA required total combined side yards of to the Zoning Board of Appeals dated ing to be heard at.each hearing,and/or SELIGMAN-#6555 25 feet,4)more than the code permitted February 15,.2012 and:otlier pertinent desiring to submit-written statements 10:20 A.M.-ROBERT SULLIVAN lot coverage of:20%maximum,at:4245 -Town records. 'before the.conclusion'of.each hearing. #6563 .Request for Variance from Arti- Bay-Shore Road (adj..to Pipes Cove Carryover.Hearinlo,.continued'from' Each hearing will4iot start earlier.than cle XXII Code Section.280-116(B)based (Shelter Island Sound))Greenport;NY. prior meetings and pending additional designated above.-.Files'are available for on an application for building permit SCTM#1000-53-6-23 information review. during regular business hours and:the-Building Inspector's February 8,1 11.40 A.Mr- JUSTIN,oand SUSAN Adjourned libra Pirb7ic Hearing" .and•pribr t0 the.-day of the.hearing.If •,2012 Notice of.Disapproval concerning• SMITH#6561 - Request for.Variances.',. AprilS;2012 you have questiohp,.:plcase,contact our proposed additions and alterations to a from Article XXIII Section 280-124 and 2:00 P.M..WILLIAM TONYES dffice:at,.(631) :745,109 or by:email: single family:dwelling,at;.l)less-than'the Article-III Section 280-15_based-on an #6553 yicki.Toth@Town.Southold;nyus code required bulkhead setback.of 75 application for building.permit and;the, 2.15:P.M;=:GEOR,GE•SCHNEIDER Dated::Apri1%.2012., feet,located:at:.2715 Nassau Point Road Building-Inspector.'sJuly29,201.1,updat- : #6558 a•,Special. GBOARO.OBAPPEALS (adj,to Hog Neck Bay)Cutchogue,NY. ed March 20,2012 Notice of Disapproval Exception under.Article,III, Section LESLIE KANES WEISMAN,CHAIR- SCTM#1000-104-13-8 concerning addition and alteration to an 280-13B(13).The Applicant is the owner PERSON 10:40 A.M. - LINDA PIZZOLLA attached by.breezeway accessory garage; -requesting authorization to establish-an B.Y.Vicki Toth #6564-&equestfor Variances from Ar- at;1) less than the code required front Accessory Apartment in an•accessory 54375.Main Road(Office:L•ocation) ticle IV Code Section 280-18,based on yard setback.of 40 feet,2)more.than the structure;requests.Variance from.Sec- 53095:Main Road(Mailing(USPS) an application'for building permit and -maximum height'allowable..of 22`feet, tion280-13B(13)(a).total.squarefootage P.U:Box.1179 the Building Inspector's January 24, located at;1040 Founders Path (corner of more than the maximum livable.floor Southold,NY 11971-0959 2012 Notice of Disapproval concerning Landon Road) Southold, NY. SCTM# ,area.of 750 square feet,at;1125 Pequash 10,649-1T 4/19.:. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK I In the Matter of the Application of AFFIDAVIT ELIZABETH A. GARDNER OF MAILING (Name of Applicant) CTM Parcel #1000-47-2-30 --------------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 16th day of April, 2012, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Signature) �ETSY PERKI S � H Sworn to before me this r da of April, 2012 ( otary Public) ! MARGARET C. RUTKOWSKI Notary Public,State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, a o!� 1 GARDNERS� O SCTM: 1000-47-2-30 NEIGHBOR MAILING LIST ROBERT D. EICHER 11 HILLCREST DRIVE PELHAM MANOR NY 10803 SCTM: 1000-47-2-30 MICHAEL>BEHRINGER 25 CAT•ROCK ROAD COS COB CT 06807 SCTM: 1000-47-2-31 TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD NY 11971 SCTM: 1000-45-7-7.3 RECEIPT RECEIPT RECEIPT 7192 6463 3110 0001 1689 7192 6463 3110 0001 1696 7192 6463 3110 0001 1702 FROM: FROM: FROM: - - I Moore Law Offices Moore Law Offices Moore Law Offices RE:GARDNER ZBA ' RE:GARDNER ZBA RE:GARDNER ZBA j` SEND TO: SEND TO: ROBERT'EICHER` SEkC AEEL BEHRINGER TOWN OF SOUTHOLD 11 HILLCREST DRIVE` 25�Ca1 Rock Road PO BOX 1179 IF of �- i ..r, PELHAM,MANOR NY 10803 Cos Cob CT 06807 SOUTHOLD NY 11971� , FEES- �' '� FEES: a',.: FEES: '�.. _ Postage Postage _ 0.45 ! Postage 0.45 Certified Fee ` 0.45 2.95 Certified Fee 2.95 Certified Fee 2.96- Return Receipi 2.35 Return Receipt 2.35 Return Receipt 2.35 Restricted Restricted Restricted TOTAL TOTAL $5 $5.75 � TOTAL $5.75 , POSTMARK OR DXPOSTMARK OR DATE POSTMARK OR DATE { rl MOORE LaI'I OFFICES 4. Res--' d Delivery? 3.Service Type r 51020 M ROAD l SOUTHOLli IvY"11971 (EntrOree)j01�eS 'i ;CER,TIFIED j h/ I 2. Article Number. i 7192 6463 3110 0001 1702 it ��fJ'/ � A• nature: ( dres ee Agent) ' 11111 IIII1111111111111111111111111 IReceived By. lease Print Clearly) I Gf 51� 7192 6463 3110 0001 1702 I: IC. Date of Del' 9 ;- „-..-- 1. Article Addressed To: I D.Addressee' ddr 01 re'nr dress U bysendeq TOWN OF S O U T H O L D i PO BOX 1179 li -• --i.------ Ai SOUTHOLD NY 11971 econ ary Address uite/Apt./Floor(PI se Print Clearly) USP5 I Delivery Address ........................................................ y i r e i i State - j ZIP+,4 Code rz� MOORE LAW OFFICES 1.4. Restricted Delivery? 3.Service Type 51020 MAIN. ROAD •SOUTHOLD NY.:11971 : (Extra Fee) ❑Yes CERTIFIED I I I 2. Article Number j 7192 6463 3110 0001 1696 A.I I► BSignature: �dressee or❑Agent) Received Y (Please Print nt Clearly) �III IIIIIII IIIII IIIIII IIIII IIII I III II ^ -,r//'A 7192 6463 3110 0001 1696 C. Date of elive 1. Article Addressed To: D,Addressee's Address(noln rentFmmaddmssU:edbysendel M I C H A E L B E H R I N G E R I 25 CAT ROCK ROAD I COS COB CT 06807 - Secondary Addresa/Suite I�Apt.I Floor Please Print Clearly) ---------------------------------------------------•---------------------------•-- - i Delivery Address ......................... ... .. ........ . .city;E f State.--•• ; ZIP+;4 Code ; MOORE L-AW OFFICE" :- —` ---_ --_---- y 1 4. Restricte.d Delivery? 3.Service Type. •:�51020 MAIN ROAD ;:SOUTHOLD NY j11971i j (Extra Fee) Yes CERTIFIED+ I + f 2. Article'Number I 7192 6463 3110 0001 1689 SI r : (OAddressee or❑A ens+ t IIIII iReceived BY (Please Print clearly) II III III IIII IIII IIIII IIII II IIII I , 7192 6463 3110 0001 1689 C. Date of Delivery I Article Addressed To: 1 'If 1 D.AddreSSee'SAddfeSS(tlDlBerenfFmmAd'ress UsedbySender) R O B E R T E I C H E R- 11' HILLCREST DRIVE Secondary Address/suite/Apt./Floor(P/ease Print C/early) P E L H A M MANOR NY 10803 Delivery j Address.......................................................... Clt............ ... ...... . v ..----. ' Stara - -.1:-...-.-. .. • � ,. ... + ZIP♦4 Code ` °" ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF ELIZABETH A. GARDNER SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-47-2-30 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the2Jday of April, 2012, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the 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 hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, May 1, 2012. is C. Moore Sworn to before me this 2 day of ASP; 2012 P ��,,, BEMY A.PERKINS Public,State of New York �r Notary Pubic,;:: _.. N No.OtpE6130636 o ary P lic No. 1 PE313U536 qualified in Suffolk Coun Qualified i Suffolk County Commission Expires July 1s� Commission Ex fires July 18, _- *near the entrance or driveway entrance o the property, as the area most visible to passersby. Office Location: QF SO�Tyol Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O.Box 1179 Southold,NY 11971 • Q Southold,NY 11971-0959 DX http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 i March 15, 2012 k -y CC' E V 1 Mark Terry, Principal Planner LWRP Coordinator Southold Town Planning Board Office f Planning Board Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. # 6560 GARDNER, Elizabeth A. 1000-47-2-30 Dear Mark: We have received an application for screen porch with outside shower additions over existing deck. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Lesh K. Weisman Cha ers By: Office Location: OF $Q yol Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 coo Southold,NY 11971 • Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 March 15, 2012 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following . application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6560 Owner/Applicant : GARDNER, Elizabeth A. Action Requested: Screen porch with outside shower addition over existing deck. 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, Les ' K"Peisman - er ZB By: Encls. PATRICIA C. MOORE:-. Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 May 9, 2012 Zoning Board of Appeals RECEIVE® Town of Southold Main Road Southold NY 11971 MAY ZOfZ hand delivered 'SOAR® Op APPEALS RE: ELIZABETH A. GARDNER PROPERTY ADDRESS: 1665 Shore Road, Greenport SCTM: 1000-47-2-30 Dear Chairman Weisman & Board: With reference to the above and pursuant to your request at the hearing held on May 3, 2012, enclosed please find the Neighborhood Character Analysis (7 sets) together with variances issued for the neighboring properties . If you have any questions, please do not hesitate to contact me. Very truly yours, ems` tricia C. Moore PCM/bp encls . C: Ms. Elizabeth Gardner RCpEIV"D ELIZABETH GARDNER MAY 9 2012 SCTM: 1000-47-2-30 11DARD p No undesirable change will be produced in the character of the neighborhoo rkt to nearby properties if granted. Attached photographs (exhibit A) show the location of neighbor's homes and the proximity to the bulkhead. Ms. Gardener's screened deck will be set back further from the bulkhead than the neighbors additions and decks. The Gardener's predecessor in title, Douglas &Monique Morris, requested and received a variance for an open deck. After the Morris's variance in 1991 were granted, John Shack in 2006 (47-2-26.1) and Evan Akselrad in 2004 (47-2-27)requested and were granted significant expansions which reduced the setback to the bulkhead which protrude beyond the Gardner's setbacks. The following variances to the waterfront parcels have been granted and are attached herein: Parcel Variance Setback to bulkhead 1. (exhibit B) 6/25/79#2564 area variance to subdivide 1000-47-2-26.1 merged parcels John Shack Jr. 1"Variance 1. 1000-47-2-26.1 9/20/93 #4190 40' from bulkhead John Shack Jr. Deck Addition 2"d Variance with condition condition"the deck shall remain unroofed and unenclosed" John Shack Jr. 10/5/06 #5933 40' from bulkhead 1000-47-2-26.1 Large Addition to house, Board finds that"many of the doubling the size of the improved lots in the 3"Variance and substantial house. The new addition is immediate area have non- expansion of existing house 40' from the bulkhead conforming side yards, as with enclosed& covered adjacent to the existing deck. well, and existing homes porch. Also approved upper The house design has a 14' have nonconformina balcony/deck on plans roof on the southeast side, bulkhead setbacks" adjacent to the deck, and the 17' addition on the west side of the deck 40' from the bulkhead see:1000-47-2-28 6/25/79 #2564 Area variances to subdivide (Tax Lot 26.1 and 28 merged parcel merged) T L 2. (exhibit Q 10/7/04#5590 46.2'to bulkhead and the 1000-47-2-28 Construction of a new two entire deck(30') is roofed Evan Akselrad story dwelling with covered over with a second floor &enclosed water front deck balcony/deck which raps (New House) (entire deck enclosed) and around to the side over a second floor balcony cut second deck 3rd Variance into roof 1000-47-2-28 8/6/82 #3021 45'to bulkhead Mary Sayegh Construct addition to existing one story dwelling, variance 2"d Variance to reduce setback to bulkhead & side yards 1000-47-2-28 6/25/79 #2564 Mary Sayegh subdivide property with 1st Variance insufficient width and area 3. (exhibit D)1000-47-2-30 Pending#6560 maintaining existing 45.5 Applicant covered screened deck setback of deck(exclusive of Elizabeth Gardner 13'x13' over existing open steps)to bulkhead deck and second floor open 2"d Variance balcony cut into proposed roof. 1000-47-2-30 #4053 9/26/91 approved 40' from bulkhead Douglas &Monique Morris construct 12'x 34.7 open deck addition 40' from 1st Variance bulkhead ZBA condition"open& unroofed as applied" Google Map-(exhibit E) shows development of waterfront lots on Shore Drive, the lots appear on a filed map of Map of Greenport Shores, Section 1 (#1759) All the waterfront homes along Shore Drive are located within 75 feet of the bulkhead. The above variances have been granted allowing the homes to construct additions and new homes at less than 75 feet from the bulkhead. Each of the above parcels have received multiple variances and reconsideration of prior conditions. The condition that the deck remain open and unenclosed has not been treated uniformly or consistently. Large additions have been constructed (see 1000- 47-2-28 and 1000-47-2-26.1)which place the structure at less than 75 feet from the bulkhead. The Gardener application is maintaining a greater setback to the bulkhead then her surrounding neighbors. L..o CA MA P O C� �o Al i Cl cuQ Q M`I NousE. Q Ro8r9r + LA vjeui E lemER NEW Nov St - MAS son"Wra PVRCH AL 046 fNrl&C $AC.K of mo u Se Nsw Noose - ScReTwo POACH 004 TOP -OF "I Sr AN G bt" Q CAT#ERiNir e► C N EA r• � s i Ire �:� ��► � .. -.."�' - rL V' n R • f + r `r fit. :�'�y► �►+ � �� t / ,6 . pit tin 40. AW Ir Pit As AP �v fps +S a 1 . ;,`;. •;�.{.,,,wi,,, -� -� _ ter. � Jw � ,a jjjsss��_ " .. • I I+ ill amLA t Y i f . r „;., �r. ,,. .. .:,�;.�:': ... -.;_surf:`v,”{y:�;'• Tom i)i-SOUMOM NW TOM DATE .__ ACTION OF TIM ZONR+IQ,BOABD OT APPRAW Appeal No.. 2564 Dated- June 25, 1979 ' ACTION OF THE:ZONIZiG WiR-D.O.F APPEALS OS T=TOWN Off'SOUTHOLD ;: % To,'' Mary -Sayegh 515 Shore Drive.' Greenport, New•York . 11944' ' at a meeting-of Me.Zonlbg Board-of Appeals on. July 26, 1979 -the.appeal: :was considered and the-action indicated below was taken on your Request for'earfance_due.to lack of access•to.property'... ' - ( •) Request Lox a•apedad exception vaderthe Zoning Ordtnance..' . -M Bequest for a valance to the Zoning Ordinance . 1. SPECIAL,ELCCEPPLON.By resolution of the Board it was determined that a age" exception-( ) be granted.[ )be deafe3 pursuant-to Article.. _.__.__Section _ .... Subsection — . of-tbe.Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( } be.• owed became 8.05 'P'.M. .(D..S.T.) Upon application of-Mary*Sayegh,".515 Store Drive,.Greenport, New.York, fora variance.to the Zoning Ordinance, ' 'Article'III,_Section.100-31 and Bulk Parking Schedule-for-permission to .'. divide property.with.insufficient.widih.and.area. 'Location of property- Shore Drive, Greenport;-New-York, bounded on the north by"Shore Drivel . east by Chasko; south by Pipes Cove; west by Morris. ' t. 2..4ARMXCF.By resolution of the Board'it was determined that ' '(a) Strict epplicatEon of the'Ordiaance(would) (wotild not) produce practical diMculties or uanetesa,7 hardship because SEE REVERSE (b) The hardship erected (is) v (to not) uafque and (wo*j (would not) be shared by an propestIes alike in the immediate vicinity of this properly and in the same use district because ABE REVERSE' (c) The vadamge (does) (daft not) observe the spirit-of the.Ordinance and (would) (would.not) change the character of the dlstcict because SEE REVERSE. and therefore, A was further determined that the requested variance ( ) be'granted ('). be denied and that the previous decisions of the Building Inspector(' ) be confirmed( I be reversed. SEE-MV RSE . . APPROVED 6 ZONING 80ARD OF APPEALS. FOIM ZB4 '7�`'' Eha i! Id ' After investigation and inspection the Board. finds that the.appli- a.ant is"the.owner of .a vacant lot on Pipes Cove, Greenport, New.Ygxk, :which is pr'esently'merged to her house lot. - The applicant wishes to . d3.vide this lot from the house property in order to. build a dwelling 'for herself. ' The newly Created lot will conforms -in. size to the other lots in the neighborhood and in some instances will be larger.•. The .'Board agrees with -the reasoning of the- applicant. ' On motion of Mr. Tuthill, seconded by Mr. Grigonis; it was RESOLVED, that Mary Sayegh, 515 Shore Drive', Greenport, New York, be GRANTED-permission to divide property with insufficient width and area. Location of property:. Shore Drive, •Greenport, 'New York,- bounded on the north by Shore Drive; east by Chasko; south by Pipes Cove; west by Morris, upon, the following conditions: (1) Board of Health approval for.-the sewerage systems.. '(2) Approval' of the Suffolk County Planning Commission. Vote bf the Board: Ayes: Messrs: Douglass, Grigonis, Doyen-and Tuthill. PXI CEMED AND FILED BY THE Sopmom TOWN cum DATE.Mrlwoh, x0va9.'dsA M Town CIWX Town of.Southold APPEALSBOARI5AWNZERS SCOTTL.HARRfS J; �A Supervisor ` (Gerard P Goehtitger,Chairman 1 Serge Doyen.Jr. Town Hall,59095 Main Road James Dfid iq Jr PO.Baz 1179 RobertA.Villa Southold,New York 11971 RMard C.Wilton ' 'z• Faa,016)786-1828 Telephone(516)76b•1809 Telephone(526)765.1800 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD APPI. No. 4190. Upon application of JOHN AND MARIE S: SHACK for a Variance to the Zoning Ordinance, Art cle XX111' Se - on. 100-239.4E for permission to construct deck addition within 75• feet of bulkhead at Pipes Cove, Greenport. Shores. Property Location: Shoe Drive, Gieenport, Greenport Shores Combined Lot Nos. 16, 17 and P/O 15; County Tax Map Parcel 1000-47-2-26.1 (prev. •26). The subject premises is substandard in site and is located in -the R-40 •1,0t4-Density Residential Zone District. WHEREAS, a• public hearing was held on September 20, .1993, at Which time all those who desired to be .heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question and properties in the surrounding (R-.40) zone district; WHEREAS, the Board made the' foilowing Findings of Fact: 1. By this application, appellants seek a variance under Article XXIII, Section 100-239.4E for approval of an open deck addition/extension at the rear (southeasterly end) Of the existing dwelling, all as shown on the sketch as amended and prepared by the applicants. The dimensions of the deck are ' proposed at 1.410" by 2210" wide, which will leave a 40 €t. setback from the existing bulkhead. A six-foot wide step area is Proposed for a depth of 18K to 22" (for two or three steps) off the rear of the proposed deck. There will be no reduction in either sideyard, and only a part of the deck,. and entire step area, protrudes past the rear of the house towards the bulkhead. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 47, Block 2, Lot 26.1 and contains a total lot area of approximately 14,250 sq. ft. 2 - Appl.'NO. 4190 ter of JOHN-AND MART$ s, sHAcr, cision Rendered september'20, 1993 3. Article XXTTI, Section 100-239.4E of the Zoning Code requires .all buildings and structures located on lots upon which a bulkhead, concrete wall, rip=rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (.75) feet from the bulkhead. of the dwelling as' exists is Presently. nonconforming'at' approximately .43 feet from the bulkhead at its cldsest point. The dwelling.was constructed prior to 1972 and preexists this Local. Law (which first became effective in Narch .1985). 4. in considering this application, Board Members find: (a) ihe-reli.ef'requested is'not.substantial in relation to the existing established nonconforming setbacks existing on this property and nearby waterfront area. (b) this proposed construction is strictly for an open deck addition without a foundation or-basement and without a screened or .permanent-type enclosure. This type of construction is not-considered major and will not affect the stability of the . soils seaward of the house; ". (c) the relief requested will not alter the essential character of the neighborhood - the topography of parcels in .the immediate area have significant differences in topography, shape and character in relation to the creek shorelines, however, each are bulkheaded near the ordinary highwater line to aid in the prevention of erosion or other disturbance to the natural ground; (d) the practical difficulties claimed are uniquely related to-the property and are not personal to the landowner; (e) the grant of the relief as requested will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be-adverse to the neighboring properties; (f) there is a greater benefit afforded to the property owner than the public, although the reduction from the existing nonconforming setback is minimal as requested, and there will-not=be a-detriment to the health, safety, and welfare of the neighborhood-or community by the grant of this variance; (g).' the benefit sought by the applicants cannot be achieved--by adme-other method, feasible for the applicant to pursue,'•other than an area variance -- particularly in light of the established nonconformities in this neighborhood; r , r3 APPI. No C4190 nicer of JOHN AND'•MARIE S. SHACK r�,;!Sion Rendered September 20, 1993 (h) in view of all the above, the interests of justice will be' served by the 'grant of the requested relief as requested and conditionally noted below. ' Accordingly, on motion by Chairman Goebringer, seconded by Member Doyen, it was RESOLVED,. to GRANT the relief as requested in the Matter of the Application of JOHN AND MA= S,.. SHACK'.under Appeal No. 4190 for a proposed open deck, SUBJECT TO TER FOLLOWING CONDITIONS: 1)' the setback shall not less than 40 feet frail the existing bulkhead, except' that a 18" to 221' (maximum.depth) step area at a width of six feet may be added at the rear of the deck. 2) the deck shall remain unroofed and uneneldsed at all times (no temporary enclosures such as screening); 3) outdoor lighting which may be proposed shall be shielded toward the ground so as not to glare onto nearly lands. Vote of the Board:.. Ayes: Messrs. Goehriager, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. . Ik GERARD P. HIiINGTR, RECEIVED AND FILED BY THE SOUTHOLD TOW11 CLMK DATE HOUR Ise 'y�_ o n Clerk, 1'40rm of Sou#Loy vrYtnTF (J�7)T�1-Y�F!LJ1s.7.1 - �- '�_• w.;� /T•' 'F, l�s_i:ICOQ�.,�,�0;�'1.,BI,.00i 'd '!�T OFFKJ{,..2�i. '•a' . . '' '. . ' �• !' V Io tl�r.�wr.Ib.vb�Anend IT • ��'' O.eYal7x6a1tlw f4�YbA domftnlArm i Oa dd===lw IN. 1 t�� .«,�..e.a.nw�am�wdt�• 4„r.r,wMY,acfueMnannMrro. ror wil" V « ;I r i rP.PWO�ndmhh Mhd t01M t►1 pi a' : mfta aft t 8L - • ; btaa d+:rert.x mu not tr„ewrN ' - �OY'isi�fJ•' _ _ obi+rtMn. i�. vubra� ' Cog `� •w:e.ua. EDWARQ F_vint RMS • � � �,,..,,� 16}' I � '� eavrr>iocq,NY.°ttm { . r{ • . ►�' 'Z :�D4 CAD an F .. • w �i� t� S.SI•r�'2�'b/- TI>:UWE-� r1�_OZ NAR�t q �A� i H1 rfAtNR .lC1AiC1< PIPft'For srD lAAV r t lAMG UV,. PIPES :. Ap I DF^ PI�C�'F�UTY ' !`3 '•t�p eluriei:i sEr�wtta��rr� z, SUV!~. LD�FU( r �1�;. rr~.I.��DJN 7►� si_ rxxK co. c�r=r:v.:� mi ��A •.��Via" • . > �.&s SAP NO.r7s9.Er ._� GUENP.OVT TOWN OF "yi+?Ul'FIOI�U�t Y UARLK1 CLU TO 1'tI_E c:1ilt'.V'-0?i 1 r -rat:,('VAk!t:[ V. .sURVEVED cA>~ gay r' A R(lF)F:fZlCl< UAIJ' UYL .I�� _ar.�rtlavaV _JuNa- z5,1990 / �ea�. -• C , . L�1(�EUS�D.IAN� {lf2V�✓+J�4'• :-RFE�ll'r�Vi�lt'� APPEALS BOARD MEMBERS so Mailing Address: Ruth D. Oliva,Chairwoman h�� p�0 Southold Town Hall 53095 Main Road•P.O. Box 1179 Gerard P.Goehringer 4 Southold,NY 11971-0959 James Dinizio,Jr. V12- ac Office Location: Michael A. Simon 'gyp �� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman ��CUUM`l,N 54375 Main Road(at Youngs Avenue) Southold,NY 11971 httlp://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 NOV 3 2006 FINDINGS, DELIBERATIONS AND DETERMINATION Southold town Eleri MEETING OF OCTOBER 5, 2006 ZB File No. 5933—John Shack Jr. Property Location: 1265 Shore Drive,Greenport CTM 47-2-26.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTSMESCRIPTION: The applicant's 15,746 square foot non-conforming parcel in an R-40 Zone and is improved with a single-family, one-story frame house with wood deck and patio, as well as a detached one story frame garage, as shown on the September 1, 1998 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: Requests for Variances under Sections 280-122, 280-116, and 280-124 (formerly 100-242A, and 100-239.413, 100-244), based on the Building Inspector's April 11, 2006 Notice of Disapproval, amended June 19, 2006 and June 23, 2006 concerning proposed additions, alterations to the existing single- family dwelling for the reason that the additions and alterations will constitute an increase in the degree of nonconformance when located less than the code-required 10 ft, minimum on a single side yard and less than 25 ft.total side yard minimum, and proposed less than the code-required 75 ft. minimum from the bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 31, 2006 and September 28, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant's original request was for a very large addition to attach the existing home with the accessory garage and to build second-story addition(s), resulting in a new nonconforming setback on one side yard at 6.91 feet and the other side at 19.42 feet, for the enlarged principal building(single-family dwelling with garage). ADDITIONAL INFORMATION:AMENDED RELIEF: During the August 31, 2006 public hearing, the applicant was requested to increase the setbacks as an alternative that would be more conforming to the code's setback requirements of 10 feet minimum side yard and minimum 75 ft, from the bulkhead. The applicant agreed, and on September 22, 2006 submitted an alternative plan increasing the side yard to 9 feet instead of 1ft. 9.5 inches, and increasing the setback to the bulkhead to 40 feet. TOWN CODE CHAPTER 95 268 LWRP DETERMINATION: The applicant is requesting additions and alterations to expand the existing dwelling, after attaching the accessory garage building, for an overall Page 2-October 5,2006 ZB File No. 5933-John Shack Jr` CTM No. 47-2-26.1 enlarged principal building (single-family dwelling), and with a set back less than the code-required 75 feet minimum from the bulkhead and less than 10 feet on a single side yard. A Determination of Inconsistency was issued on July 18, 2006 under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. Grant of alternative relief in this variance application will increase the setback measured from the area of new construction (addition) and the bulkhead to maintain the minimum setback of the existing dwelling, and denies the applicants requests for substantial variance relief. The alternative relief granted herein will meet code minimum requirements of 53.3% for the setback of the new addition, under the strict requirements of Section 280-116(100-239.4B)of the zoning code. All new construction will be required to conform to the Zoning Code minimum standards applicable on a parcel containing only 15,746 square feet, except that a variance is granted for a one-foot reduction on the easterly side yard . Since the additions to the dwelling on the subject property are being dramatically constructed as proposed, it is reasonable to eliminate any the extreme non-conformity of the existing house and require the greatest reasonable degree of conformity with the Zoning regulations, as well as the LWRP, which mandates the highest standards of coastal erosion/wetland/water bodies protection approved by New York State and Southold Town. SPECIAL EXCEPTION REQUEST WITHDRAWN: During the August 31, 2006 public hearing, the Board and the applicant also discussed the required conditions and eligibility requirements in the Zoning Code for a proposed Accessory Apartment within an existing principal dwelling. The applicant confirmed he is not able to create the Accessory Apartment within the existing single-family dwelling with Its present size, and that the additions are necessary to increase the living areas. During the September 28, 2006 hearing and by submitting a letter dated September 9, 2006 to the ZBA from the applicant's Architect (Robert G. Bassolino), the application for the proposed Accessory Apartment was withdrawn. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The original request of the applicant was substantially crowding the side yard adjacent to neighboring premises. The side yard relief granted as an alternative is one foot, for a 9' setback instead of the code-required 10' setback. Many of the improved lots in the immediate area have a non- conforming side yard or have a non-conforming setback from the bulkhead adjacent to the waterfront of Pipes Cove. 2. The benefit sought by the applicant can be achieved by the some method, feasible for the applicant to pursue, other than the original request for area variances. Alternative relief is addressed below which increases the setbacks to be more conforming to the code requirements and reduces the lot coverage to less than the code limitation of 20%for all building construction on the lot. 3. The variances as applied are substantial, however, the applicant has offered an alternative plan, based on discussions at the public hearings with the Board, which are not substantial with greater conformity to the code, increasing the side yard setback substantially and maintaining a minimum 40 ft. setback from the bulkhead. 4. The difficulty has been self-created. 5. The alternative relief herein increases the setbacks to be more conforming to the code requirement. No evidence has been submitted to suggest that alternative relief in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Many of the improved lots in the immediate area have non-conforming side yards, as well, and existing homes have non-conforming bulkhead setbacks. Page 3-October 5,2006 ZB File No. 5933-John Shack Jr. CTM No. 47-2-26.1 6. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions with alterations to the existing dwelling, while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Simon, and duly carried,to DENY the variance as applied for, and to GRANT ALTERNATIVE RELIEF as shown on the 9-15-06 amended construction plans(diagrams 1 & 2)prepared by Robert A. Bassolino,Architect as follows: 1. That the single side yard be increased from 1'9-1/2"to a minimum of nine(9)feet on the easterly side of the property. 2. That the setback from the bulkhead be a minimum of 40 feet.. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oli hairwoman), Goehringer, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0). - Ruth D. Oliva 11/ 1 /06 Approved for Filing Cki Robert G. Bassoiino R. A. ArOiteet � 28-55 214'`Place, Bayside,NY 11360 (718)225-9161 September 9, 2006 Board of Appeals Town of Southold Re: 1265 Shore Rd. $gyp 4 2006 Board Members; AlaeQ As per the hearing of August 31,2006, I am presenting the following together with a site plan dated September 9, 2006. The application for an Accessory Apartment is to be withdrawn. The kitchen will be omitted and the space is to be a bedroom. The Board requested that the east side yard is to be 9 feet. It is proposed to be 9 feet. This is accomplished by reducing the garage by 1.1 feet and moving it 1 foot to the west. The Board requested that the distance to the bulkhead is to be 40 feet. It is now proposed to be 40 feet. Note the extension towards the bulkhead has been reduced by 5 feet as per the request of the Town Trustees. This reduction places the building at 40 feet from the bulkhead without any further reduction. The initial measurement to the bulkhead was taken at the west end of the property. Since the bulkhead angles to the south as it goes east,the distance from the extension to the bulkhead increases. Therefore, this resulted in providing the 40 feet as requested. The Board requested computations as to the coverage. _ The proposed coverage will be 3145.9 sf resulting in 19.9 %. Coverage as per survey by John Metzger dated August 8,2006 is: 3284 sf.on lot area of 15,746sf. However there will be the following reductions: Deduct the projection of the garage at the east: 6.1' x 16.5' =100.65sf Deduct the width of the garage and extension: 1.0' x 37.42' =37.42sf Total deduction: = 138.07sf Total coverage =3145.9sf Percent of coverage= 19.9% Respectfully submitted, ert Bassolino,RA 2 Robert G. Bassolino R. A. ArVkIIW ~t ` 28-55 214 Place, Bayside, NY 11360 718 225-9161 Se tember 15,2006 Board of Appeals Town of Southold SEP Ng Re: 1265 Shore Rd. Board Members; As per the hearing of August 31,2006,I am presenting the following together with 7 copies of this letter and revised drawings 1,2, &3 dated September 15,2006. The owner requests that the application for an Accessory Apartment be withdrawn. The kitchen has been removed and the space is to become the fourth bedroom. Also the deck from this space has also been removed. See drawing 3. The Board requested that the east side yard is to be 9 feet. It is proposed to be 9 feet. This is accomplished by reducing the garage by 1.1 feet and moving it 1 foot to the west. See drawing 1 &2 The Board requested that the distance to the bulkhead is to be 40 feet. It is now proposed to be 40 feet. See drawing 1 &2. Note the extension towards the bulkhead has been reduced by 5 feet as per the request of the Town Trustees. This reduction places the building at 40 feet from the bulkhead without any further reduction. The initial measurement to the bulkhead was taken at the west end of the property. Since the bulkhead angles to the south as it goes east,the distance from the extension to the bulkhead increases.- Therefore, this resulted in providing the 40 feet as requested. The Board requested computations for the coverage. The proposed coverage will be 3140.5 9 square feet, resulting in 19.94%. See drawing 1. 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TERMS SUOI AS'INSPECTED'AND aF BROUGHT-TO-DATE'ARE NOT W COMPLIANCE WITH THE LAW. a47 i /. la£ JUN 2 6 2006 I __ K Ls•� �a�• I I STY.Fa � K.s ZSI I STY.FR ME v u J a' FE BAICK oir b iP rum attic SURVEY OF LOT 0 3 a s LOTS 16, 17 & PILOT 15 LOT O LOT ® PIO LOT 15 M,P OF- T SHORES FLED.dA1E-29, 1850 FREW 1759 o W AT GREENPORT TOWN OF z 4 M SUFFOLK COUNTY NY i0i woo - 47 - 62-W6w SCCALE r = 20' ° F r SEPT. X We now —= Aaar S. 54%3%0 O�NEW -W �_ _� Z ��� 1_ ,2 114.22' gtOaN1.MAE � � * p PIPES COVE Y. 9 8 PECON/C SU EYO k 4660 (516) 765 - 5020 P. O. BOX 909 LAW AREA = 15,7.46 SQ. f!. t0 1% line 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 Vbo APPEALS BOARD MEMBERS p�0 COG Southold Town Hall Ruth D. Oliva,Chairwoman �� y� 53095 Main Road Gerard P. Goehringer y = P.O. Box 1179 Lydia A.Tortora • Southold,NY 11971-0959 Vincent Orlando � p! Tel. (631) 765-1809 James Dinizio,Jr. Ol `1►� Fax(631)765-9064 http://southoldtown.northfork.net BOARD OF APPEALS REC 1VED TOWN OF SOUTHOLD 1' 3.'36 FINDINGS, DELIBERATIONS AND DETERMINATION NOV 1 0 W MEETING OF OCTOBER 7, 2004 Q� ZB Ref. 5590— EVAN AKSELRAD SOli1t old Town Clock Property Location: 1355 Shore Drive, Greenport CTM 47-2-27 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 13,262 sq. ft. parcel has 100 ft. along the south side of Shore Drive, and average lot depth of 130 feet. The property is vacant, and a wood bulkhead borders the southern end of the property along Pipes Cove. BASIS OF APPLICATION: Building Department's April 12, 2004 Notice of Disapproval, amended August 2, 2004, citing Section 100-244B, in its denial of a building permit to construct a new single- family dwelling, for the reason that the setback is less than 75 feet from the bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on September 14, 2004 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant is proposing a new dwelling. In the original submission, a variance was requested for a 62' by 30' size, plus front porch and two decks, as shown on the February 19, 2004 survey prepared by Fox Land Surveying, amended April 7, 2004. The closest setback to the bulkhead in the original submission notes a proposed distance of 43.7 feet. ADDITIONAL INFORMATION: During the September 14, 2004 public hearing, the applicant's agent was requested to increase the setback for a possible alternative plan that would be more conforming to the code's bulkhead setback requirement of 75 feet. bn 9/23/04 the applicant submitted a revised plan for the new dwelling, with a reduction in the size of the rear deck to 10 feet, increasing the setback to 46.2 feet from the bulkhead, shown on the survey prepared by Fox Land Surveying, amended September 15, 2004. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2—October 7,2004 ZBA Ref 5590—Evan Akselrad CTM Id: 47-2-27 /^ 1. Grant of the alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Board in its reviews observed the existing homes in the area for similar setback distances. The community as a whole is made up of 19 lots along Shore Road, 17 of which are improved with dwellings. Most appear from the road to be closer than the 75 ft. code requirement. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot contains a maximum depth between the street and the bulkhead of 131 feet along the west side, and a total lot size of 13,262 square feet. Pipes Cove and a bulkhead border the southerly end of the property.'The code requires a minimum 35 ft. front setback along Shore Drive on the northern end, leaving 20 feet, or less, for a dwelling plan. 3. The variance granted herein is substantial because the code-required minimum from the bulkhead is 75 feet, and this is a 38.4% reduction from that requirement. 4. The difficulty was not self-created, in that the applicant has tried to conform to the code requirements, and request a single variance, the setback to the bulkhead. 5. No evidence has been submitted to suggest that a variance in this community of smaller lots improved with single-family residences will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Chairwoman Oliva, and duly carried, to DENY the variance applied for, and to GRANT alternate relief, as shown on the survey prepared by Fox Land Surveying, amended September 15, 2004 and elevation diagram dated 9/13104, prepared by Anchor Consulting. 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 Page 3—October 7,2004 ZBA Ref 5590—Evan Akselrad CTM Id: 47-2-27 (�, features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva Chairwoman), Goehringer, Tortora, Orlando, and Dinizio. This Resolution was duly adopted (5-0).� Ruth D. Oliva, Chairwoman 11/9/04 Approved for Filing Survey for: La EVAN AKSELRAD & 506 5B of YASMINE D. ANA VI W �a "Greenport Shores, Section f" W O TEST HOLE DATA At MAONALO OEOSCIENCE N FEB.B•2004 Greenport EL>11a 0.0 Town of NCLAYEY LOAMAM S Southold A� 10 Suffolk County, New York 0 / y° h BROWN CLAY S.C.T.M.: 1000-047.00-02.00-027.000 30 0 30 ` y EL=3.4 9.8 I I I I ��c? D,yp`� WATER IN SCALE:1'=30• A BRowN aAY NOTES: / \O y50 1 47.0 1.AREA = 13,262 S.F. ti \ (p d�, ,n' \ .O 2. ■= MONUMENT FOUND, ♦ = STAKE FOUND. ' IN BROWN 3. SUBDIVISION MAP 'GREENPORT SHORES, SECTION 1' Ca TO FILED IN THE OFFICE OF THE CLERK OF SUFFOLK +' O pp. \ \ a !• �,`1 a�-a COUNTY ON JUNE 29. 1950 AS FILE NO. 1759. �$WQ•to"� 4. ZONING USE DISTRICT= R-40 S. 0 YARDS OF FILL REQUIRED 6. THIS PARCEL IS WITHIN FIRM BOUNDARY ZONE AE(EL B) & ZONE X AS SHOWN ON FIRM Q•: lb Ij,nQ,/ .4;;o`5'\.-0. \ BOUNDARY MAP NO. 36103CO159 G LAST DATED MAY 04. 199B. -14 SEPT. 15, 2004 A Dm nxoa.afoc APR. 7• 2004 uTM scr raa Drc MAR. 30. 2004 I uu,mor.sTwN:Tus PROPOSED LOT COVERAGE: . 2004 A AD�c DATE: FEB. 19• 2c04 HOUSE & GARAGE = 1800 S.F. DECK = 606 S.F. JOB N0:2004-053 TOTAL = 2406 S.F. OR 18.1% +,�!• ; ,�/�\` /. CERTIFIED TO: A /0 EVAN AKSELRAD &YASMINE D. ANAM anti ,� � \����P�o��,�.,9B .,,� / , � �• P �� � v \v/yam, �: ' � //�r�, { e9 �•��. Cc,�aG;1S �..: j\6�' SEP 2 3 2004 . HO= 1e.0 n"®'C0° OAVID H. FOX N.Y.S.LS. #50234 cY O• _.; 0' .�'� �°��r / �,,.��,� a ,•, FOX LAND SURVEYING 4 64 SUNSET AVENUE / yLVd' n`V - r WESTHAMPTON BEACH, N.Y. 1197E --v-- (631) 288-0022 WI l�t� `C OtR ND W FA =a un I a.� tto0.a A l rvor �ry outCITOA s 0[nEo o Oe u,°uOw ors Os tu[LAinu,BE�c S 5 O MU[Onv RIw •�Q•O�• OR 'i�R SSirvKEO 0 �h1 SEPTIC TANK COOL An R N WOOD OrL a�n"sor: oA ,He"sInVE¢`v"0 caWAVE.* µEOALF,o,mow r o.,o To M F IMSUITABLE MATERIALS c EO'e'rv�'Tw[ENOW E'Ao HC ov.SO e,n0u TO BE BAfJf nLLCD 1A1H 'Rf N0T5'R ARSrERABLC TO TONAL Iv NTIORSN' QENI SKID t aiAVEI DWG: 2004-053 i V • i � YAIi014 rINx5 NEAs. I S.S—D maRf5EN1ED0R ME IxF RROrERivROr nxON wrvEo ernxrv�weD 0`RrvrD.r0 OLrED DEVELOrEDNr�E Mixs PROJECr ANO NCN=Oc GDRrum USEDRRURRDSEwN4T50ENERTON -TENGAxrOME O%DD OI.EIDfDT ucON wW1TEN RERVSSdrINDO'REDTpNOr ' rwOxDRCONSULi,NG.R.C. _...— ............... ._. _ _- .. .... iEli - ANCHOR CONSULTING .. -• . i —•• YvrenS egrcm - - - "— —_ NOT FOR CONSTRUCTION R MIN sm 1 Front Elevation Ii iI I of o0.o0.00 Progress Anavi Residence ,355 Share DrwD.G—port NY ( -- Yasmine AnaW SVee 3rtl 12,Yoh.Nyy1001 . 1 p.212431.0104 .13.04 - ARS p r� P.i-.103056 Rear Elevu{iol� Fromaed Rex 2 l FJe au°^ va°=r•o° A100 • • r Survey for: EVAN AKSELRAD & �,506.5B' YASMINE D. ANAVI GJ Lot 18 & 19 R9�j$2O0 OQ TEST HOLE DATA "Creenport Shores, Section 1Ea " MmONALO CEOSCfENCE At J N FEB.62004 Creenport 3 —� �i EL-Ti° °_° Town of OWN N CLAYEYLOAM Southold N Suffolk County, New York BROWN CLAY S.C.T.M.: 1000-047.00-02.00-027.000 / d 30 0 30 / 1G EL=3.4 9.8 I I I I O,yp'� WATER IN SCALE:1'=30' �cp-- BROWN LLAY NOTES: 47.0 \O yya 1. AREA = 13,262 S.F. wA1ER 2. ■- MONUMENT FOUND, ♦ = STAKE FOUND. V \ IN BROWN 3.SUBDIVISION MAP 'GREENPORT SHORES, SECTION 1' COARSE TO FILED IN THE OFFICE OF THE CLERK OF SUFFOLK 53.0 COUNTY ON JUNE 29. 1950 AS FILE NO, 1759. 4. ZONING USE DISTRICT= R-40 5.0 YARDS OF FILL REQUIRED� �'q 6. THIS PARCEL IS WITHIN FIRM BOUNDARY ZONE :CB �� a�\ ry PA AE(EL 8)& ZONE X AS SHOWN ON FIRM rT } cF�' �y5•\ 0\\ NO. 36103CO159 G LAST DATED SEPT. 15. 2004 mom m .DEOc ,i� �+ \ ,+W' APR. 7, 2004 um w FOR D.ce O §. + MAR. 30. 2004 W txO twDE.m°°Rfs afi PROPOSED LOT COVERAGE: MAR. 19. 2004 ADom°>ns&o c DATE: FEB. 19, 2004 ++�.; +�(Xy +0 + + ! �,�b 6� HOUSE & GARAGE = 1800 S.F. JOB NO:2004-053 + +� �0ti .' DECK = 606 S.F. y�Ep \'`+ TOTAL = 2406 S.F. OR 18.1R + CERTIFIED TO: + \ e +� / A (b� EVAN AKSELRAD &YASMINE 0. ANAVI � a /'�'' o' SEP 2��: + 3 2004 s a : / 0 WA LQ�� `' // TQL CUM °OWE FIT 10.0 OAMD H. 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Terms of Use Privacy Statement http://terraserver.microsoft.com/printimage.aspx?T=I&S=10&X=3600&Y=22761&Z=18&W... 5/11/04 DoS�FFOt��o Town Board of Appeals Southold MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE(516)765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3021 Application Dated August 6, 1982 TO: Mrs. Mary Sayegh [Appellant(s)] 515 Shore Drive Greenport, NY 11944 At a Meeting of the Zoning Board of Appeals held on September 30, 1982 the above appeal was considered, and the action indicated below was taken on your [ ] 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 JyJ Request for Variance to the Zoning Ordinance Article III Section 100-31 [ ] Request for The public hearing on this matter was held on September 30, 1982. Application of MARY SAYEGH, 515 Shore Drive, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission td •construct addition reducing the rearyard setback at.premises known as 515 Shore Drive, Greenport, NY; Greenport Shores'Section I Subdivision, Lots 20 and 21; more particularly identi- fied as County Tax Map Parcel No. 1000-047-02-028. The board made the following findings and determination: By this appeal, appellant seeks permission to construct an addi- tion to the existing one-family, one-story dwelling with an insuffi- cient setback from the northeasterly property line of seven feet and an insufficient setback from the rear property line (bulkhead) of 45 feet. The existing dwelling is presently set back 55 feet from the bulkhead or rear property line, 34' from Shore Drive,' and 25.7 feet from the westerly side property line. Appellant intends to enlarge the dwelling structure for additional living floor area. . The board is in agreement with the reasoning of applicant. 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 as indicated below. On motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3021, application of MARY SAYEGH, for permission to construct addition to the existing dwelling, be and hereby IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: (CONTINUED ON PAGE TWO) DATED: October 5, 1982. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) t . Page 2 - Appeal No. 3021 Matter of Mary Sayegh Decision Rendered September 30, 1982 feet;1. There shall be a minimum easterly sideyard setback of eight side.2. No further sideyard reductions shall be permitted on either Location of Property: 515 Shore Drive, Greenport, NY; County Tax Map Parcel No. 1000-47-2-28. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. APPROVE Chairman BOO of Appeals RECEIVED AND FILED BY T;s E SOUTFOLD TOW,, Cry Town Clerk, Town of Southold v.F - � 0 1 �` %• - emu,?v�y�;�, ra�� - � � � A AV j--'.6wr'.fC.tr!ot7 �._ ..k;,irr""" —.__. e`'Cf1'lG• '¢� �.._ � i rtFF 7-e7Y �' 7r c: r '. /4Cr *-?;► d a �� l'fF'E 5 C.� L•',F . r r ,1,NI M. r r0.Jy,:1r•V Lr � 1f1 • ;v pug. 10, 1979 TOWN OF sammom,NEW YOUR DATE ACTION OF ME ZOti7NG.BOARD CIT APPE&W 00 Appeal No. 2564 :: ;.:. ' .:. :Dated June 25, 1979 ACTION OF THE ZONmc;iaoARD.oF.AI mm s of TUE TOWN O$SoOTHOLD ':To.''Mary -Sayegh Appellant 515 Shore Drive " ' Greenpor't, New York 11944 at a meeting of the Zoning Board,of Appeals on July 26, 1979 the,appeal'. . was considered end the action Indicated below was taken on your' ( ) Begtiesi for'varlance,.due to lack of access•to.property ( ) Request for a special exception under-the'Zoning Ordinance.- ' (X) Bequest for a variance to the Zoning Ordinance i2, SPECIAL EXCEPPION.By resolution of the Board it was determined that a special exception ( ) be granted ( )be dedeal pursuant.to Article_. _..» Section _ .. Subsection ._ .—...».. .paravuh of-the Zontag Ordinance and the decision of the Building Inspector ( ) be reversed ( .)...be confirmed because'805 •P.M. .(D..S.T.) Upon application of Mary Sayegh, _51.5 Shore Drive.,.Greenport, New.York, for a variance.to the Zoning Ordinance, 'Arti.cle III,.Section.1-00-31 and Bulk Parking Schedule-for permission to divide property.with.insufficient,width acid.area. Location of property: Shore Drive, Greenport,-New York, bounded on the north by•Shore Drive; .. east by Chaska; south by Pipes Cove; west by Morris. ' t 2. VARIANCE.By resolution of thQ Board'it was determined that (a) Strict application of the-Ordinance(would) (would not) produce J Practical difQcudties or unnecessary hardsiup because J SEE REVERSE (b) The bardship created (is) (4 not) unique and {woo;d) (would not) be shared by all properties alike Ja the immediate vicinity of this property and in the same use district because SEE REVERSE• (c) The variance (dues) (does not) observe the spirit of the ordiame and (would) (would,not) change the character of the ddstriet beeauu SEE REVERSE, and therefore, R was further determined that the requested varl ante ( ) 'be granted (') be dented and That the previous decisions of the Building Inspector( } be confirmed ( ).be reversed. ' SEE.REVERSE . . APPROVED 6 ZONING BOARD OF APPEAR FORM zM _,_�' 4chal rl { t __" ."...gin i4.:.... -arr.�-..mow. r.µ N..i 'K..-.� .a t.r•-n.:�:JYe.li.. .....- s of ...".._ r r.rz..� .a11a;. _ .... _. After investigation and inspection the Board finds that the appli- cant is the.owner of .a vacant lot on Pipes Cove, Greenport, 'New York, which is presently merged to her house lot. The applicant wi§lies to divide this lot from the house property in order to. build a dwelling for herself. ' The newly created lot will conform in. size to the other lots in the neighborhood and in some instances will be larger.. The Board agrees with the reasoning of the- applicant. on motinn of Mr. Tuthill, seconded by Mr. Grigonis; it was RESOLVED, that Mary Sayegh, 515 Shore Drive, Greenport, New. York, be GRANTED permission to divide property with insufficient width and area. Location of property:. Shore Drive, .GreenportF New York, bounded on the north by Shore Drive; east by Chasko; south by Pipes Cove; west by'Morris, upon. the following conditions: (1) Board of Health approval for the sewerage systems. '(2) Apptoval of the Suffolk County Planning. Commission. Vote of the Board: Ayes: Messrs: Douglass,•Grigonis, Doyen.and Tuthill.. RECEIVED AND FILED BY TBE SOUMOLD TOWN Cif DATE b'.1 HOURT a7.54.14 Toym Clerk, Town of.Southold . . I i SURVEYED FOR:ELIZABETH GARDINER LOCATED AT GREENPORT,T/O SOUTHOLD,SUFF.CO.N.Y. LOTS 25 & 26 MAP OF "GREENPORT SHORE" SEC.1(#1759) SCALE 1"=20' S.C.T.M. 01000-047-02-030zlil? ll °�A O �000 v' V p O o Al m3 a � y o 2 / aaya ad lot gyp, 8 dG ^g� c �s�•6 ry06 ae a OT zooy�e ^0000 r A�^ a, F 79 CO off, o� cs eea aoeQ r�wr boo ooa J� O lo •o a, o?o, Jpl FILE NO.47887 WILLIAM R.SIMMONS III,L.S.P.C. 128 CARLETON AVE. EAST ISLIP N.Y.11730 PH.631 581-1688 FX.631 581-1691 DATE,1/8/2012 SCALE:1'=20' 1 DRAWN BY,WRS IV APPEALS BOARD MEMBERS SCOTT L.HARRIS 0a, Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. :j: q James Dinizio,Jr. P.O.Box 1179 e; Robert A.Villa �✓x'? '�= Southold,New Xo1811971 �°l'it & Via® Fax(516)16 765-1 n Telephone(516)765-1809 Telephone(516)765-1800 ��p BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Appl. No. 4053. Upon application of DOUGLAS MORRIS, Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4B for permission to construct deck and step area within 75 feet of the bulkhead along Pipes Cove. The subject premises-is referred to as (combined) Lot Numbers 24 and .25 and is substandard in size. Location of Property: 170 Dogwood Lane, East.Marion; County Tax Map No. 1000-38-5-5. WHEREAS, a public hearing was held on September 26, 1991, and at said -hearing, all those who desired to be heard were heard and their testimony recorded; WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. By this application, appellant seeks a variance under Article XXIII, Section 100-239.4B for'permission to construct a 12 ft. by 34.7 ft. wide open-deck addition from the rear (southeasterly end) of the existing, dwelling, thereby requesting a reduction in the required setback to 43 feet. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 47, Block 2, Lot 30 and contains a total lot (upland) area of 12,700 sq. ft. 3. . The dwelling as exists presently has conforming . sideyards totaling 33 feet (20 & 13)), a conforming front yard setback at 41 feet, a nonconforming setback from the bulkhead at 58 feet, and conforming lot coverage at less than. 20o. The Parcel as exists is substandard with 12,700 sq. ft. in total lot area. The lot width along Shore Drive is conforming at 100 feet. Page 2 - Appl. No.—.'053 Matter of DOUGLAS MORRIS Decision Rendered September 26, 19.91 4. Article XXIII, Section 100-239.4B of the Zoning Code requires all buildings and structures located on lots upon which a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. 5. For the record it is noted that similar setbacks exist upon other parcelsin the immediate area (and fronting along Pipes Cove). 6. In considering this application, the Board finds: (a) the relief requested is not substantial in relation to that existing at this site or nearby parcels; (b) the relief requested is the minimum necessary to afford relief; the construction is for an open, unroofed deck addition without a foundation or basement and without a roof or full enclosure; (c) the relief as requested will not alter the essential character of the neighborhood; (d) the practical. difficulties imposed are uniquely related to the property and are not personal; (e) the grant of the relief as requested will•not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to the neighboring properties; (f) in view of all the 'above, the interests of justice will be served by granting the relief as requested and conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a variance for an open, unroofed deck- addition at the rear of the existing dwelling, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The deck addition remain open and unroofed, as applied: (All runoff from the roof of the existing structures shall be retained on site.) 2.. That the setback for the proposed deck, inclusive of all step areas, shall be limited to not less than 40 feet (measured from the outside edge of the bulkhead). Page -3 - APpl. No' 053- Y Matter of DOUGLAS MORRIS Decision Rendered September 26, 1991.. w . 3. That the proposed deck shall remain open and, unroofed.,. as applied. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,.Dinizio and Villa. This resolution was duly adopted. lk GERARD.P. GOEHRINGER, CHAIRMAN I SURVEYED FOR:-MON/OCJE 1wg0ce15 1 LOCATED AT TOWN OF��O(./J7-/Oc,�j .SUFFOLK COUNTY N.Y. LOT 24 of Z5 JU(/E NIAP OF G,c;S�,IJ�OL7' S`-7,�1G.e.E� t`J-�ECJ70,�/O,VE' `._ CO.CLK.NO./7J.g FILED SCALE I"=30• .v,F GFEFiv� /Si-+ee.� Iw+c. SUFFOLK CO.TAX MAP DATA: DIST./,2�J .SEC.lI¢7C>> /.go'"'� r BLK.1:92.6Z5' LOT O.�•� t�.v e� r�J_ I Q, .... � Amory. DTI OFFSETS FROM 57RUCTURtS -_.....-_._-..,._. ,y,ry R op-0 0 . TO RELATIVE BOUNDRY LINTS, U 2✓ s;8, O ON SURVEY, ARE FOR A 1 3 SPECIFIC USE ONLY, AND SHOULD NOT AE USED FOR V� ''. o✓ U`+ �,�'ii !ONSTRUCTSON OF FENCES OR OTHER STRUCTIIRFS. ter, q 0 lA ii, a,W N /'r / 539'Z/�30 E wmoJ_. /z700 REV/sE0 AP.eic zz,/9yi SURVEYED A10V 0-3 19.900Y WILUAM R.SIMMONS JR. _ PiO BOX 377 _ JAMESPOBT,L1.,N,Y.11947 B �� �\ �• �!�� // FILE NO.IZ7¢•3 PAG[21p t;RFnF--44 DRAWN G i d'. y t! o e , x • s • BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson o�OF so�ryl 53095 Main Road•P.O.Box 1179 � Q Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �O �� 54375 Main Road(at Youngs Avenue) Ken Schneider I�CQo�►,� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD.OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 May 18, 2012 Patricia Moore, Esq. 51020 Main Road Southold,NY 11971 RE: ZBA Application#6560 - Gardner Dear Ms. Moore: Transmitted for your records is.a copy of the Board's May 17, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions,please call the office. Sincerel Vicki Toth Encl. Cc: Building Dept. SURVEYED FOR:ELIZABETH GARDINER LOCATED AT GREENPORT,T/O SOUTHOLD,SUFF.CO.N.Y. LOTS 25 & 26 MAP OF "GREENPORT SHORE" SEC.1 (#1759) G SCALE 1 "=20' sbt� S.C.T.M. 01000-047-02-030 MAR 15, 2012 o° 13®AR®OF APPEALS 0 �O 5 Al dad, 7, V 'Poo s �� O o+o�y O° s ^dam, 7 ll�o 0* eaa o° Jv � 0 CD V� oo, s� •o � d� d� , �'' ' FILE NO.47887 `.5 . �� C, n �2s7 WILLIAM R.SIMMONS III,L.S.P.C. �SFO SAND s�Pa 128 CARLETON AVE.EAST ISLIP,N.Y.11730 PH. 631 581-1688 FX. 631 581-1691 DATE:1/8/2012 1 SCALE:V=20' 1 DRAWN BY:WRS IV tWcoisw tlm w Ityd®Ipm,d Ltrn 1sT— ARE 3/ XYDnANf DISTRIBunoNOFANYPORTIONOFTHE '7 County Gender Rivefiead NY 11901 _ _ u�' �'. _ -_ - tx couNTYiAx walsFRo4nertEo "' .r w,l r-r u.. ........ ,aaEn b» �. owl a,..,.m3e .`tw. .m.am*zap m'xa. �eeza dA[WWI 1 s 2 _ 3 4 EE `-a IA 9(20) SILVER m p 7 W 5 6 a 17 n, b b W P1 W 2 0 10 sue 5 m ,b (50') 14 11 2'1 n1 15 ,b 2.5A(0) C n p 23 D21 / - ' um .. � 24 3. 25.1 Q s. 4- s o 's 30 a� Q�Q COUNTY OF SUFFOLK Stleml Oiavu Wm ——SC11— Hymanl Odh,Lmc ——H—— UMESS DPN,N OMERIMSE,ALLPROPEPTE3 NOTICE C-s E ARE NIiMN1NE FC40NND f151RICT5: ESExEn MAW MAINTENANCE,ALTERATION,SALE OR Real Property Tax Service Agency Y HYDRANT DISTRIBUTION OF ANY PORTION OF THE County Center Riverhead,N Y 11901DON Owlie l.n __L__ A�uhrva DN inane--A _ ES RE—E WTHOLHCOITTENUNTY PERAX ISSS PROHIBITEDImO SCALE IN FEET.,. A REAL RiPETTENPERRVICEAGENCYREAL PROPERTY TA%SERVICEAGENCY. P Scmr D'eLid Lin --5-- REVISIONS: LOCATION: AREA: LOT COVERAGE: PROPERTY: 12.700 SQ.FT.0.29 ACRES EXISTING HOUSE: 1423.5 SQ.FT. 11.2% EXISTING DECK: 268.2 SQ.FT. 2.1% SCREENED PORCH 167.9I SQ.FT. 1.3% OVER EX.DECK: i �l TOTAL: 1859.4 SQ.FT. 14.6% I 0 S 39021'30" E 127.00' 0 O HEDGES PROPOSED 55'SPLIT RAIL FENCE G.O.L. U a in M M Y w N o $z� 12 O 6 � � zo � Ln n RECEIVE® W ----------• 1 LOT MAR 15 201Z / 26 EXISTING BOARD OF APPEALS DECK 41.5' J QEXISTING HOUSE p Lu W PROPOSED SCREENED 1�-� PORCH _ - �- O W SHRUBS AR O v c SLATE EXISTING OWALK BREEZEWAY `' F•�1 co 413 EXISTING W ASPHALT DRIVEWAY GARAGE o _ O 0o M o 0 O � O Z � m 20.0' EX.SPLIT RAIL FENCE G.O.L. 127.00' o WOOD DECK ALUMINUM WALK FLOATING 16 N 39 2130 W 57.0' O qQ x� �., o SITE PLAN. SCALE: 1" = 20'- ' 0 0 DRAWN: MH/MS SCALE: 1"=20' JOB#: February 22,2012 SHEET NUMBER: S-1 REVISIONS: Jim MAR p erj 2012a M _ ®gyp �q p �o BARD®F APPEALS ch y 8 a ®_ N ® O W a PROPOSED REAR ELEVATION Z SCALE: 1/8"= 1' Q H Q � W w 0 0 a a+F �•,1 �W Ig aoo � tn EXISTING REAR ELEVATION DRAWN: MH/MS SCALE: 1/4"=1'-0" SCALE: 1/8"= 1' JOB n: Febnmy 22,2012 SHEET NUMBER: A-1 REVISIONS: Vilool ��' ' f RECEIVED _ a Ir; 2G12 BOARD OF APPEALS d a M � � U Qw FIEN tom. /• e - 9 W V] - - z PROPOSED LEFT ELEVATION Z a w SCALE: 1/8" = 1' 0 Q dd w a w 0 0 x a x� 02 b �' ao a . DRAWN: MH/MS SCALE: 1/4"=1'-0" PROPOSED RIGHT ELEVATION JOBS: 1' Febmary 22,2012 SCALE: 1/8"= SHEETNUMBER: A-2 REVISIONS: RECEIVED IN,Tox,Vila MAR 16 2012 •::�•:• BOARD OF APPEALS 0 V � a � a M U p (n r d s � ¢ U s 'a EXISTING z�y s � 1• ` J � ''•" i• � J Z C� N Sex. d a O O _ s ;1 V ;= _ s ��V ; •-s r _ s ��v ; PROPOSED SCREENED-IN EXISTING DECK a PORCH 30'-6" ex.STAsas PROPOSED 1ST. FLOOR PLAN 0 SCALE: 1/8"= 1' } O � O v' � h DRAWN: ME/MS SCALE: 1/4"=1'-0" JOB 4: February 22,2012 SHEET NUMBER: A-3