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HomeMy WebLinkAbout6550 ; J�kVK05eMW POjel f- 1�1e- (61l halm) Na c=�l YA/S l�;'v! s e GS ism s 1 l r SS Vk to G�,Wdll Ajo-n (�Ih,v`M 1, f-✓fi )(Xt t i 19-e-U C>IL,30-- 13 r?-OSa I uttv'A V 1 1.). t o M - k�maye ilt� .5-0 Su "I K YVLOII �� 0 oT PEr-M BOARD MEMBERS OF sour Southold Town Hall Leslie Kanes Weisman,Chairperson 0��. H� 53095 Main Road-P.O.Box 1179 �O Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer en a� Town Annex/First Floor,Capital One Bank George Horning • �� 54375 Main Road(at Youngs Avenue) Ken Schneider Southold,NY 11971 http:Hsoutholdtown.northfork.net ZONING BOARD OF APPEALS TOWN'OF SOUTHOLD RE EIVE Tel.(631)765-1809•Fax(631)765-9064 9 'o MAY - 8 2013It W1 •,' FINDINGS,DELIBERATIONS AND DETERMINATION �,� MEETING OF MAY 2,2013 lu=aldTown Clerk ZBA FILE: 6550 AMENDMENT No.2 NAME OF APPLICANT: Kimogenor Point,Co.(Bingham) SCTM#1000-116-6-24.1 PROPERTY LOCATION: 50 Jackson Street,(adj.to West Creek and Great Peconic Bay)New Suffolk,NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 6, 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards, The LWRP Coordinator issued a recommendation dated March 28, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP.This LWRP recommendation was based upon an application for a total demolition and enlargement of the existing seasonal dwelling. The applicant subsequently withdrew that application and presented to the Board a Notice of Disapproval from the Building Department dated May 3; 2012 and Amended June 8, 2012 for I" and 2°d story enlargements and alterations to a seasonal dwelling, including the addition of central heating. Based upon this current application, the Board finds that the proposed action is CONSISTENT with LWRP policy standards and is therefore CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject parcel is located in the R-40 zone on 5.90 acres. It is improved with six (6) seasonal dwellings and a clubhouse and is one of the few remaining vestiges of the summer/seasonal communities created within the Town prior to zoning and maintaining its pre-existing nonconforming status. The parcel has been owned by a real estate cooperative, Kimogenor Point Co., since 1915 with each individual homeowner owning a proportionate share of stock in the cooperative. It is located on a private right of way off of Jackson Street and has frontage on West Creek to the north and Great Peconic Bay to the south as shown on a site plan dated 4/26/12 prepared by Samuels&SteeIman Architects. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123 and Article XXII Section 280-116 and the Building Inspector's January 19, 2012, Revised May 3, 2012 Notice of Disapproval,and Revised June 8, 2012 Notice of Disapproval based on an application for building permit for I" and 2nd story enlargements and alterations to a seasonal dwelling at; 1)a nonconforming building containing a nonconforming Page 2 of 5—May 2,2013 ZBA File#6550—Kimogenor Pt.(Bingham)Amendment 2 SCTM: 1000-116-6-24.1 use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use,2)less than the code required bulkhead setback of 75 feet. RELIEF REOUESTED: The applicant requests a variance to construct alterations and enlarge the first and second floors of a seasonal dwelling at a setback of 62.5 feet from a bulkhead where the code requires a 75 foot setback. Additionally the applicant plans to add central heating to the new dwelling and is requesting to continue the non- conforming use. AMENDED APPLICATION: During the public hearing on April 5, 2012,the Board asked the applicant's agent, to submit a use variance application in addition to the area variance request before the Board for a non-conforming bulkhead setback. The Board explained that the use variance application was necessary because the existing seasonal dwelling was proposed to be a total demolition with the construction of a new dwelling. This demolition would have extinguished the pre-existing non-confirming status of the seasonal dwelling. At the public hearing on June 7, 2012,the applicant's agent abandoned the total demolition of the dwelling, and submitted a Revised Notice of Disapproval dated May 3, 2012, a site plan and floor plans showing that only approximately 50% of the dwelling would be demolished and then reconstructed with enlargements to the existing footprint. This change removed the need for consideration of a use variance request, and allowed the Board to proceed with the original area variance application. At the public hearing on June 7, 2012 the Board found inconsistencies in the architect/agent's testimony about the proposed bulkhead setback of 62.5 feet, and the Notice of Disapproval and the survey before the Board which cited 57.5 feet. The Board requested an amended survey and Revised Notice of Disapproval showing the proposed 62.5 feet bulkhead setback and elevations of the proposed dwelling,which were received by the Zoning Board on June 8, 2012 after the public hearing was closed. On July 5, 2012, the ZBA voted to approve the Amended application. SECOND AMENDED APPLICATION: On September 5,2012,the Applicant's architect/agent submitted a letter to the ZBA indicating that the plans for the amended application to renovate and construct additions and alterations to the residence on the existing foundation, incorrectly identified the flood zone on the subject property as AE-6 instead of VE-8 which is the current FEMA flood map classification for Kimogenor Point. As a result, the existing foundation could not be utilized since FEMA would require that the residence be raised and constructed on pilings. This letter also requested that the ZBA Chairperson approve this change as de minimis in nature. On September 6,2012, the ZBA Chairperson, after a public discussion with the ZBA at its September 6,2012 Regular Meeting,.notified the applicant that the proposed second amendment was not de minimis and required a new notice of disapproval from the Building Department,as well as a new application and formal review by the ZBA. Thereafter, and on September 24, 2012 an additional letter from applicant's attorney was received by the ZBA requesting that the Board reconsider its request for an approval of the change as a de minimis change. The letter states that the applicant could utilize helical piles/piers as opposed to timber pilings. Further,the applicant's attorney sent another letter to the ZBA dated September 25, 2012 reiterating the request and indicating that the applicant has applied to the New York State Building Codes examiner for a variance from the freeboard height requirement. On October 4, 2012, the ZBA responded to these letters and voted unanimously to re-open the public hearing for the sole purpose of taking testimony on the proposed construction method for the foundation and the preservation of the portions of the existing dwelling as discussed in the original July 5,2012 decision. The public hearing was scheduled for November 1,2012 and the ZBA waived all associated fees. THIRD AMENDED APPLICATION. On February 28, 2013 a verbal stop work order was issued by the Building Department to the applicant. On March 5, 2013, a new Notice of Disapproval was issued stating "the proposed demolition and construction on this non-conforming lot, is not permitted since the work performed is beyond the scope of the ZBA decision #6550". By resolution dated February 28, 2013, the Zoning Board voted unanimously to re-open the public hearing for the sole purpose of determining if a demolition had taken place and if the Applicant had therefore exceeded the scope of the relief granted indecision#6650. The public Page 3 of 5—May 2,2013 ZBA File#6550—Kimogenor Pt.(Bingham)Amendment 2 SCTM:1000-116-6-24.1 hearing was scheduled for April 4, 2013, at, which time additional testimony was taken from the applicant's builder and architect and photographic documentation of the demolitionlconstruction/reconstruction process was presented to show the methods used to preserve at least 25% of the original structure as required in the conditions imposed in ZBA decision#65S0. The Board requested that the builder's construction photographs be time dated and submitted to the Board, that a calculation of the exact percentage of the remaining original dwelling by the applicant's licensed architect be completed and submitted, and that an interior inspection of the construction site be scheduled for personal inspection by the members of the Board The public hearing was then adjourned until May 2, 2013. On April 16, 2013, the requested site inspections took place and the photographic documentation was received On April 17, 2013 The ZBA received the requested information submitted by Thomas C. Samuels, Registered Architect, showing schematic plans for the first floor, second floor, and roof of the original structure of the Bingham residence and confirming that 26.2%of the original structure remained in place. ADDITIONAL INFORMATION: A letter of support was received from the Kimogenor Point Company Board of Directors. At the November 1,2012, public hearing the applicant stated that it preferred the installation of pilings which would require the lifting and temporary relocation of the residence. However, the applicant noted that the alternative use of helical piles would accomplish the same end and would not require the temporary relocation of the building. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on April 5,2012,June 7,1012,November 1,2012,April 4,2013 and May 2,2013 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: I. Third Amended Application: Evidence was submitted by the Applicant's architect that indicated that the renovation project left 26.2%of the original structure intact, a figure that the Building Department does not refute. The Applicant maintains that the project should not be considered a structural demolition as defined by Town Code 280-4 which states: DEMOLITION:Any removal of a structure or portion thereof that exceeds 7S%of the total square footage of the existing structure before the start of removab Based upon personal inspections by the members of the Board which confirmed the builder's photographic evidence of the portions of the original structure that remain,and the applicant's licensed architect's calculations that 26.2 percent of the original structure remains, the Board of Appeals has determined that a demolition as defined by 280-4 has not occurred and that the Applicant's project continues to be within the scope of work granted in decision#6550, II.Second Amended Application: The ZBA has previously found that the temporary removal and relocation of a residence would result in the loss of any pre-existing nonconforming status retained by the building prior to its removal from a location (See ZBA #6198). The Applicant was made aware of this precedent at the public hearing and was notified that the installation of pilings, which requires the temporary relocation of the building, would trigger the loss of the pre-existing nonconforming status of the residence. As such, the ZBA finds that the applicant may proceed with helical piles as indicated in the amended plans submitted by the applicant on November 7, 2012 without disturbing the findings below. III.Variance Findings: Page 4 of 5—May 2,2013 ZBA File#6550—Kimogenor Pt.(Bingham)Amendment 2 S CT M:10 00-116-6-24.1 1. Town Law 267-b 3 b 1 . Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Kimogenor Point Company is a unique and rare community of 12 waterfront homes located on two parcels adjacent to each other with a total of 8.10 acres and has been in existence since 1915. Several of the seasonal dwellings on this property have been renovated and updated with heating. The location of this dwelling will not change and the bulkhead setback will remain the same. Many of the dwellings on the cooperatively owned property have non-conforming bulkhead setbacks. Additionally, the Board finds that the proposed expansion of the existing footprint including porches and stairs,and is reasonable in relation to the size of other dwellings that have been renovated at Kimogener Point 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. Since each of the dwellings in this community are non- conforming on a non-conforming parcel, any improvement would require a variance. Additionally, due to lot size, configuration and area of unbuildable land located on the parcel, the relocation of the residential structure to a conforming bulkhead setback is not feasible. 3. Town Law 6267-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing 17% relief from the code from the existing bulkhead and is similar to other non-conforming bulkhead setbacks in the community. 4. Town Law&267-b(3)(b)(4) According to the LWRP report dated March 28,2012,the requested variance may have an adverse impact on the physical or environmental conditions in the neighborhood because "the action is located in the VE Coastal Flood Zone characterized by high velocity waters generated by tidal surges and hurricane wave wash". However, \the upgraded septic system will conform to the Suffolk County Health Department regulations. Additionally, the applicant will be required to comply with Chapter 236 of the code regarding stonm- water, grading, sanitary system, and drainage control. It is also noted that the applicant has approval for the proposed construction by the Southold Town Board of Trustees and the Department of Environmental Conservation. 5. Town Law 6267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of the amended relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a renovated dwelling while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. AMENDMENT 2 - 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 Weisman (Chairperson), seconded by Member Horning,and duly carried,to GRANT, the variance AS AMENDED,and shown on the drawings stamped received by the Board of Appeals on November 7, 2012 as follows: site plan dated 8/20/12 and by hand notation dated 11/7/12 as sheet 1, Foundation Plan w/Helical Piles hand dated 11/7/12, Helical/Sonotube Structural/Pile Foundation Section dated 7/15/11, North, South,East, and West Elevations hand dated 11/7/12 and floor plans dated site plan dated 4/26/12 as sheet 1 and floor plans sheet 2 prepared by Samuels&Steelman,Architects. Subject to the following conditions: Conditions: 1. This variance is granted subject to review and approval by the Storm Water Management Officer for compliance with Chapter 236 of the Town code 2. Once the house is raised and secured above the existing foundation, the applicant or agent must call the Building Department to schedule an inspection to confirm that the amount of demolition will not exceed 75%of the structure, before additional construction commences. r Page 5 of 5—May 2,2013 ZBA Filett6550—Kimogenor Pt.(Hingham)Amendment 2 SCTM: l 000-l l 6-6-24.1 3. The applicant or agent must call the Building Department for a second inspection once the new foundation is in place and prior to lowering the house. 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. Amendment 2 - Vote of the oard: Ayes: Members Weisman (Chairperson), Goehringer, Schneider and Horning. Member Dantes abstaine This Re olution w duly adopted(4-0). Leslie Kane§Weisman Chairperson Approved for filing 3/3 /2013 Av C� SURVEY OF PROPERTY SITUATE NEW SUFFOLK TOWN OF SOUTHOLD SUFFOLK COUNTY , NEW YORK / JP� S.C . TAX No. 1000- 1 1 6-06— P/0 24. 1 SCALE 1 "=40' y�P�,PQ MAY 16 2003 DECEMBER 8, 2003 ADDED WETLAND NOTE JULY 24, 2006 FINAL SURVEY SEPTEMBER 22, 2011 ADDED TOPOGRAPHICAL SURVEY F W:E S T S CREEKS (TUTHILL I M0N I R UVED I iy Nr q�ry�gtFR II COARD OF APPEALS MFlFPR� eU`kyeD \ I R �ryEao I NOTES: 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:J.4 EXISTING CONTOUR LINES ARE SHOWN THUS: -----5----- Gl'(�jY O�Q' F.FL. - FIRST FLOOR GFL. - GARAGE FLOOR T.B.B KHEAD - TOP OF OF BULKH BOTTOM T.W. - TOP OF WALNLKHEAD ISLAND TS T A T W 1 B.W. - BOTTOM OF WALL 1 L 1 V � I in O°O�q G° T F o --g�R��dog• �qT s�°o�� Sryoo ; _f��. o JJ .61 Qf A K ST' o�0 1 ?O° y�r '�Oo ° �•� I a �� t�QO GSF F'Os ti O`P' I ti S��k.OJOG.r�a 700 4.5' �\ o �0 Sl °O S °O / TFAO / qTi S°� FAS/ TFooj S yT�l i TOoo "S 9lLF S Fq0 \ yi I STOP iOlipR - < ?�, FO ql I r T C� \ Ti OF r• gl �L 1 O� x TF'Q�F'I'FT / ^� R 22 Fti FR 2-0 Ok poRP x3.9 °O � 2 �\ -� � \- x \ 23 of \Ry w.F AO W'F F S os x s ,ox \ ow 4.6 'a x_Lq Ij f� \ \\ x x / \\ �o \ '60 23 0 00 I 00 4.6 O �°6L °i / I 6.4 Q/O`7 x \ OF 4 / p q\ S / \ \ \ olb/� �- �1 Ro MF ST h 'yq q<`nQ \ °1F / "3 °�o`F A SpL prti \\��Fp cooNc 0 \ DF \ Fjy Q �O00 \Sy TSB \— \ \ \ x / -2 \ - — x 44� OF 3.8 Slyoo \ \ \ \ �� 4. 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IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys - Subdivisions - Site Plans - Construction Layout LENDING INSTITUTION LISTED HEREON, AND j TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 Fax (631)727-1727 \ TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. \ THE EXISTENCE OF RIGHT OF WAYS OFFICES LOCATED AT MAILING ADDRESS AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 16 \ ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 31-174 I I N-& d V S UFF LK A VEN k1AR Of 2013 UE 50AR-D OF APT'.'.A;.S ti SURVEY OF PROPERTY SI T UA TE NEW SUFFOLK O TOWN OF SOUTHOLD CQ SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 1 16-06—P/0 24. 1 SCALE 1 "=40' IMAY 169 2003 SEPTEMBER 22, 2011 ADDED TOPOGRAPHICAL SURVEY SEPTEMBER 04, 2012 ADDED FLOOD ZONES DECEMBER 17, 2012 STAKE OUT PILES FEBRUARY 6, 2013 FOUNDATION LOCATION CHEEK F �nT-� c g°UND d d F, S L. s CREEKS �""�M0N �TUTHIL I I KA I w I NOTES: yw�7pR O0D e�� \ I 1. ELEVATIONS ARE REFERENCED TO N.A.V.D. 1988 DATUM 5.0``gyp EXISTING ELEVATIONS ARE SHOWN THUS: ye9D i EXISTING CONTOUR LINES ARE SHOWN THUS: ----FFL. -5----- li _ FLOOR /A I T.B. - TOP OF BULKHEAD B.B.G.F - BOTTOM OF BULKHEAD O`er I B.W. - BOTTOM OF WALL T.W. - TOP of WALL �� ;♦< A�'� I 2. FLOOD ZONE INFORMATION TAKEN FROM: ISLAND FLOOD INSURANCE RATE MAP No. 36103CO501 H ZONE AE: BASE FLOOD ELEVATIONS DETERMINED ZONE VE: COASTAL FLOOD WITH VELOCITY HAZARD WAVE ACTION); m I BASE FLOOD ELEVATIONS DETERMINED �?� ZONE X AREAS OF 0.2% ANNUAL CHANCE FLOOD; AREAS OF 1% ANNUAL CHANCE FLOOD 'r d g WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN oc� �4j�'. P� •• a. I 1 SQUARE MILE; AIJD AREAS PROTECTED BY LEVEES FROM 1 y ANNUAL CHANCE FLOOD. `3P F O`er s baP Gyp I ZONE X.- AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. 04, S.° ' a4,�TE I (�1 V♦aQ A` 4�1f�p'Pj. .0. 'yOGs F h 4. �,C4 I o gyp° 5' "�`• `\ - •. '� m -\ \ I a la�°o� Gciry �9C � d O /// /// A/c�� 4 1,ry s° ��•� ' ' s ° yFoP ® �/( max// I 20 44,AP dS "• •d a 1 Z \0 , / Qo oJ�i O ti sg. / /♦ \\ \ x� CQOy �I I x — p'1'F 4F 15 �"l 3jF 2 Ry.10 p x `\ — x \\ rF(� Al •tea. oF., wPo \!Y,\Fs ° ' Q . x \ O \ `` l a,' p80 Sy��9�� \ \\ x / 1 e°' 4 ? \\ \\ \\ \ x V`t/ \ \ �O x `Lq. °T O,(.'n,2? i°/!a x d / !J •\ \\ \\ \\\ 0 4, 2 �� Op G//0 coo 63, 4z2-s /, W \ \ \ \\ -6-t _— ,Q� ' x \\ Ns7NpFs� F [�. 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IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — Construction Layout LENDING INSTITUTION LISTED HEREON, AND rj TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. �\ OFFICES LOCATED AT MAILING ADDRESS \ THE EXISTENCE OF RIGHT OF WAYS 1586 Main Road P.O. Box 16 AND/OR EASEMENTS OF RECORD, IF \ ANY, NOT SHOWN ARE NOT GUARANTEED. Jalmesport, New York 11947 Jamesport, New York 11947 1-1 4 'I REVISIONS: SEPTIC PROFILE RECEIVED 'W2 r movatt ,. , Flo,,. (N.T.S.) JUN 8 2012 BUILDING WALL FIN. FLR. EL +5.1 FT SITE DATA 4- GRADE LINE ELE\/ATION 6.5 FT. BOARD OF APPEALS GRADE LINE ELEVATION (6.5 FT. SCTM # 1000-116-06-24.1 °° I' MIN. 2' MAX. PROPERTY: KIMOGENOR POINT 50 JACKSON STREET I/411/FT' l/8"/FT. TOP OF POOL 5.2 FT. NEW SUFFOLK, NY 11956 SEPTICOWNER: KIMOGENOR POINT INC. TANK EACHIN e� c/o BILL ARCHER POOL IE. +5.5Q IE. +4.qq BOT OF POOL 5.2 FT. 29 GREEN MEADOW LANE 5 � 01V HUNTINGTON, NY 11743 IE. +5.4a' IE. +4.8�' GROUNDWATER ELEV +1.2' 5-0" IV-10• AREA: 257,004.00 SO. FT.+/- = 5.90 AC. 2' MIN 2 MIN c°�No ZONING: R-40 RgNir � FLOOD: W F Mo AE (Elevation 6) N. ZONE SURVEYOR: NATHAN TAFT CORWIN III PO BOX 16 Z JAMESPORT, NY 11947 0 CREE uLICENCE NO. 50467WE'ST -L1 J DATED: MAY 16, 2003 0 gRENr q�p Wqr DECEMBER 8, 2003 ADDED WETLAND NOTE z LL b� 6�kMgRk I SEPTEMBER 22, 2011 ADDED TOPOGRAPHICAL SURVEY O LL hEgO NO TES: P: M ELEVATIONS ARE REFERENCED TO NAVD 1988 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: 5.o Q300 EXISTING CONTOUR LINES ARE SHOWN THUS: —5— Q w 06 I— !F— LOCATION MAP z a ♦ ` ISLAND \ \� Z J \�� O NEIGHBORING NorthWPTBEURC) \ °° Fork \ 6 ~ Z RES(ADENGB \ J�\��1 Q o Country ,\� Q W 3 Club n \�\ \\ \ z _ W �\ Chasse o W \\\ 'NoLl [� \ a \ NEIGHBORING \\ ew Suffolk Ave RE3ID�IGE (PUBLCC \ W WATER) 0ix y� ,C:� \ a NEW SUFFOLK, NY o L51 TE \ \ ruDTER LIRJND \ ♦\ AC FROM SNE APPPPAR NT q % / 1 CIRCLE SHOWS MINIMUM EXISTING LINE OF EXISTING FENCE. ♦ \\ HIGH WATER IM�IARK �QSTo i 5ETBAGK FROM BULKHEAD I Oj Z. TYPICAL BETWEEN RESIDENCES Eawg ' ti� D \\\\ �� PROPOSED HAY -^��/ �17'!/7) I co Q• M ' WATER) ♦ ty I FS BALES DURING ♦♦ .��� CONSTRUCTION p Q ��rF ' J • M �o \ � ,[ a Z a °TF 2 '15 ft SETBACK SITE NOTES "'' ko D on \ i \ NEVI STEPS IN F FROM APPA M C` \ —Ai2vITION T01 XI TING \��" 0 OOTPRINT OF EXISTING ��� HIGH WATER ARK W Q n PORCH FOo _x\INT \\ � .p o EXISTING AREAS W• N A \ \ ITION TO EXISTING v \ X / yc��� (X co • - 6' RESI GE FOOTPRINT ♦ \ \b \�"." w o z Six 6 houses w/ orches and decks: 18,050 sf EXISTING RE5 GE ♦x \ ♦//`": `D ° / 8\VESjo N � o Existing areas paved w/ ravel: 6,285 sf Q ~ U ft SETBACK TO BE KENO ♦ \ 2 I� \5 G ( RE z W g P 9 WAT1�2'GALVE (\N 0 (n (n FROM APPARENT � OVER GRAWLSP x � � "'" TER i EX�P� �/ o TOTAL 24,335 sf \ \\ HIGH WATER MARK � � OR 0 0 NEW DR�YWELL(DW)FOR �� E Percentage upland coverage: 9.47/° \\\ \ RAINI 1AIZIR RUNOFF 1 TO EXISTING FOOTPRINT ♦ FROM GUTTERS TYP x / EXISTING PUBLIC UNDERGROUND WATER LINE \ \ — _ — \ EXISTING GONG COVER o PROPOSED AREAS \ \ \ \ PROPOD HAY BAL d 511.T EXISTING FIRE HYDRANT \ \ \ \\ FENCE URING CONS ION,— \ REVISED CONTOUR LINES TYP Six (6) houses w/porches and decks: 18,474 sf TEST HOLE \\ P 'R"� 3 AREA OF NEW FILL Existing areas paved w/gravel: 6,285 sf \ \ \ I / \ FENCE ED HAY BALES t SILT 13Y MARK McDO)NALD GEOSCIENCE \ \ \ \\ / — \ FENCE DURING CONSTRUCTION \ \ \ . , PROPOSED NEW SEPTIC SYSTEM TOTAL 24,759 sf SOUTHOLD, NEW YORK 11971 \ \ \ \\ �\ / / ♦\ ? FOR A 4 BEDROOM RESIDENCE Percent upland coverage: 9.63% NO SCALE \ \ \ \ \ �, - 1200 GAL SEPTIC,TANK(ST) \ \ \ \\ ♦\ 6 LP' \ -(6)8 VIA x 2'HIGH LEACHING OOL P) TEST HOLE DATA ( 11/10/1'1) ELEV +5.5 \ \ \ \\ �,� LP FUTURE LOCATION FOR 0) VP A x 2 ° E o�♦♦ IC,H LEA041%POOL M>01) Percent upland increase: 1.7 /° 4 FT. MIXED SAND AND LOAM \ \ \ \\ Q / �, / ♦ "� \ 5T «bs \ 0 �? / ♦' \ � LIG ROUND \,".,� _ 4.3 FT. AN Y L WA LINE\\\ \\\ \\\\\\ �' m4 � J/ — _\ ♦ — LP Exlsrl NEIGHBORING ANITAR 5T'EM TO AIN WATER IN BROWN \ \ \ \ o ( / - RIFT L ION 8 FT. SANDY CLAY CL � \\\ \\\ \\ \\•�\\ // � � ,""—� I � � G GONs ION WATER IN BROWN \\ \ N1. HOUSE NOTES PROJECT NO: 10 FT. CLAYEY SAND SC \ \ \ \ + d�` ♦ ( EXISTING HOUSE: WA 132 sf 1105 WATER IN PALE BROWN \ \ \\ \\ vry � First Floor: 1, 17 FINE TO COARSE SAND SW \ \ \ \ ° — Second Floor: 767 sf DRAWN BY: UT COMMENTS: WATER ENCOUNTERED 4.3' \\ \\ —moo — E:X15E F!I SANITARY 5Y \ 6� r�o Be rasQoVED TOTAL 1,899 sf BELOW SURFACE, ELEV+1.2' \\ \ \ \\ \ \ \ PROPOSED HA` ,�5 a SILT Covered Porch/Stairs: 664 sf CHECKED BY: TS \\ \ \ \\\ FENCE DURING GO�NN551R�GTION TOTAL FOOTPRINT: 1,796 sf GRbF'-.A-- T P-LL--J' CUI--"NIC BAY DATE: qA'q \\ \ \ \\\\\\\\ ♦♦♦ 4/26/12 DRAINAGE CALCULATIONS RENOVATED/ADDED HOUSE: SCALE: — FOR AREA OF NEW ROOF First Floor: 1,411 sf 1 - 30 -o qti To F�o \\ \\ ?5 ft SETBACK FROM I Second Floor: 1,059 sf DRY WELL AREA x RAIINFALL x RUNOFF FACTOR c°RSFA Mq�r \ \ APPARENT HIGH WATER MARK SHEET TITLE: (DW) "A" 2615 5F x (2/12 FTC x 1.0 = 435 GU. FT. �'ti rF��,�gl0 \\ �,� TOTAL: 2,470 sf %� of gStic \ Covered Porch/Stairs: 694 sf USE: (1) 8' DIAMETER x 4' HIGH POOL �tio?2 qAA \? TOTAL FOOTPRINT: 2,105 sf (I)I 8' X 4' STORMt DRAIN RING = 168 GU. FT. Percent foot rint increase: 17.2% Ud.Z (1) 8' DIAMETER x 5' HIGH FOOLI owl"E P L 'Am o,� q y,° SITE PLAN PIMm (1)I 8' X 5' STORMI DRAIN RING = 211 GU. FT. y P U53E, (1) 8' DIAMETER x 2' HIGH POOL �gTFR (1)I 8' X 2' STOW DRAIN RING = 84 CU. FT. SCALE: 1 " = 30'-O" PROVIDED REQUIRED 463 GU. FT. > 435 GU. FT. I FINAL MAP SHEET NO: REVIEWED BY ZBA. ` SEE DECISION # t955O RECEIVED DATED l l JUN 20 BOARD of APPEALS REGULATORY APPROVALS II I REVISIONS SEPTIC PROFILE SITE DATA q/�12 FLOOD ZONE 3/5/13 SCTM # 1000-116-06-24.1 NEW CONSTRUCTION (N.T.S.) PROPERTY: KIMOGENOR POINT, INC. WEST 50 JACKSON STREET BUILDING WALL FF EL 10.0 FT W UFFOLK, NY 11956 GRADE LINE ELEVATION 6.5 FT. CREEK Q OWNER: c/o ROBERT FOX GRADE LINE ELEVATION ± 6.3 FT. Lv 2 WEST LANE RID I' MIN. 2' MAX. IDGEFIELD, CT 06877 AREA 257,004.00 SO. FT.+/- = 5.90 AC. SITE DISTURBANCE 8,536 SO. FT. m ZONING: R-40 1/411/rr. TOP OF POOL 5.2 FT. O ZONE FLOOD: VE-8 SEPTIC LEACHING p EXISTING SURVEYOR: NATHAN TAFT CORWIN III TANK POOL � PO BOX 16 IE. +5.55' IE. +4.q5' BOT OF POOL 3.2 FT. PROJECT SITE JAMESPORT, NY 11947 CONSTRUCTION LICENCE NO. 50467 IE. +5.45' IE. +4.87' ISLAND ACCESS z DATED: MAY 16, 2003 GROUND WATER ELEV +1.2 J DECEMBER 8, 2003 ADDED WETLAND NOTE 5' 8' 2' MIN SEPTEMBER 22, 2011 ADDED TOPOGRAPHICAL SURVEY Z NOTES: ELEVATIONS ARE REFERENCED TO �O N.A.V.D. 1988 DATUM J q V) 0 0 LOCATION MAP LL F LF ��F� UTILITY a- \ North \�~ � \ LL 6) POLE Q \�, Fork \\ 1`�\ 8 w � �►, Country NEIGHBORING '9A EXISTING Club m \ \ RESIDENCE PUBLIC T0 �.p LAWN o \ Case a W UNDERGROUND �� �' ��j SURFACE X w Rd \ Z (WATER) \�� WATER LINE ��i��yjG, oz I \ DREDGED CANAL � ew u o ve \ Z CL G RATECD - , EXISTING �yF I NEW SUFFOLK, NY G.>I TE Z BLUESTONE 90 W X XISTING PERMEABLE TEST HOLE 0 \. STONE SURFACE O BY MARK MCDON,ALD GEOSCIENCE UBL I G NEIGHBORING UNDERGROUND %• NO SCALE SOUTHOLD, NEWYORK 11971 RESIDENCE �� WATER LINE �• TEST HOLE DATA 11/10/11 ELEV+5.5' AREA OF /' r• TILITY POLE NYT #7 4 FT. MIXED SAND AND LOAM ��� 015TURBANG 8,5 G ;l. _ 4.3 FT BROWN SANDY CLAY CL 50. FT. \ WATER \ EXCAVATIO 420 G ; Q ' 't �' • : ":• r XISTING ON SITE WN FILL: 200 Y .� DRAINAGE BASIN WITH 8 FT. SANDY INLABY CL XISTING NN �'' ' ' : - •' METAL GRATE LAWN TO B �1t` • .� WATER IN BROWN EXISTING = •'•: 10 FT. CLAYEY AND SC / \ REPLANTED> " ' XISTING FRAME P� s I LAWN IN AREAS OF ' A WATER IN PALE BROWN SURFACE �� _____ ; . , -- SHED AND TOWER J�' FINE TO COARSE SANID SW \ _ GONSTRUGT'10 2 XISTING -� --_= DISTURBANCE `' G O� COMMENTS: WATER ENCOUNTERED 4.3' E - - CONTOURS \ \ __ STRUGFJON:: BELOW SURFACE, ELEV+1.2' AREA A DED TO PRE-EXISTING\\ �0 \ ST 6 \ \ \ RESIDENG --- EXISTING DRAINAGE CALCULATIONS FOR AREA S Q 4 --__ u� LAWN OF NEW ROOF DW EXISTING L W FENCE TO REMAIN, PROTECT DURING =_ --__ � �� � XIS ATER METER � kV $ ` GONSTRUGTIO� REPAIR AND REPLACE- EGTIONS AS - ` -- 4 SURFACE SQUIRED AFTER MAJOR GONSTRUG�ION PHASE ___- \ . • \ \ ��� LINE INTO HOUS DRYWELL: AREA x RAINFALLx RUNOFF FACTOR otf Z• \ R 1 AREA ADDED TO PRE-EXISTI ESIDENGE (VA) 2512 SF x (2/12 FT) x 1.0 = 5016 GU. FT. • \ \ EXISTING LAWN TO BE REPLANTED IN --_ UTILITY USE: (5) 8' DIAMETER x W HIGH POOL Q XISTING LAWN E REPLANTED IN POLE NYT \ AREAS OF GONSTRUc,hr<N DISTURBANCE 1 a. I (5) 8 X 4 STORM DRAIN RING = 506 GU. FT. o \ = Dye AREAS OF NSTRUGTION DISTURBANCE #6 PERMANENt,5TORM AN ,TER RI\NQFF CONTROL MEASURE: --- I TWO STORY PROVIDED REQUIRED o } NEW Uhl ERGRO DRYWELL_S (SJZED 1=0R A n _- - L CATION OF EXISTING SANITARY SYSTEM 506 GU. FT. > 3a6 GU. FT. w -J' yC _ 2 u. � �\ _ �� � \ __ �.• .; .L •,, RESI DENGE \. ��_-=_� \ T BE REMOVED � w• � � W u. RAINFALL (DW)`(� FT DIA k 4 FT HT) FOR RAINWATdR � c NO BASEMENT -- _.,� r7a M = g RINQFF FROM GUTTERS AT�7HE BUILDING STRUCTURE I F.F. ELEV +II' \' _-= TEMPORARY STORM WATER RUNOFF CON OL ISOT CJ: w• a w10. 3 U MEASURE: PROPOSED HAY BALES SILT FENCE ` T1�(PORARI' TORM WATER RUNOFF GONTROL� - �'' � ` Q I-• ,� - Q .: : ' �o _ DURING CONSTRUCTION SEE DETAIL 2 SCOPE OF THIS PROJECT ON THE PROPERTY IS �A5URE:�PROPOSED HA--r BALES $ 5XLT -�' - o \ ` FEND DURINC�6ONSTRUGT'ION SEE DEtA ` --�'' : .. � �PT ` -- _ \ LIMITED TO THE PROJECT BUILDING AND THE LAND CO M- SURROUNDING ENCLOSED BY THE PROPOSED HAY - NEW CONTOURS, AREA F NE FILL BALES 4 SILT FENCE AS 5HOWN ON THE SITE PLAN �'ROVIDE-OLEAN SAND FILLI TO MAINT __ L �� 4 _ \ I i�� _-� LP 2 4� _ XIST PUBLIC UN ERG OUND WATER 30 MA C. GRA1�E/PORGH. REi LANT B AGH ` -� . '... yy - -- LINE NO OTHER BUILDINGS OR LAND ON THE PROPERTY GRASS TO I1� REAS OF DISTURB ANGE i - _ � _ ' - ; -'=' L LP S' S WILL BE AFFECTED BY THE CONSTRUCTION. ` ` I -- :;:: ;Q�� - `•�: -- ALL RAIN WATER ON PROJECT BUILDING WILL BE 5�� �s C. s '0� XISTIN EI(5HBO G SANI RY SYSTEM RETAINED ON SITE WITH THE USE OF GUTTERS, REMAIN ROT€GT) DOWN SPOUTS DIRECTED TO UNDERGROUND ` \ I------- ------_- NEIGHBORING � °i� EXISTING DRYWELLS A5 SHOWN ON DRAW I NGS. EXISTI BEASH GR�rS TO�6E REPLANTED IN I RESIDENCE °i�� BLUESTONE REAS OF 60NSTfi2UCTION DISTURBANCE U I �� I �� DRIVEWAY EXISTING DRIVEWAYS WILL NOT BE EXPANDED WIT sT ate, (PUBLIC LF F� a N TEST �,\ WATER) �F� 6J TH15 BUILDING PROJECT. EXISTING DRIVEWAY 44oLE EL 61 SURFACES ARE CURRENTLY PITCHED TO EXISTING PROJECT NO: +5.5 ON SITE DRAINAGE BASINS. 1105 `� ` � DRAWN BY: GREAT EXfSTING \` \`� 6 TOPSOIL WILL NOT BE STOCKPILED ON SITE. CHECKED BY: UT P E C O N I C �5 f� SET'BAG FROM APPARENT BEACH `� `` HIGH WATER MARK TS BAY `` ` ` \ \\ TOPSOIL WILL BE BROUGHT ONTO PROJECT SITE DATE: 8/20/12 AND PLACED AND GRADED WHERE NEW CONTOURS XISTING LOW FENCE TO REMAIN, PROTECT DURING I ARE SHOWN, WITHIN THE LIMITS OF THE PROPOSED CONSTRUCTION, REPAIR AND REPLACE SECTIONS AS HAY BALES SILT FENCE DURING CONSTRUCTION SCALE: 1" =20'-0" 6' REQUIRED AFTER MAJOR CONSTRUCTION PHASE SHEET TITLE: A ROPOSED NEW SEPTIC SYSTEM yq�LFO oy�BO� ��O,o� \� FORA 4 BEDROOM RESIDENCE O� 9TF� 1200 GAL SEPTIC TANK (ST) c S �r ,S, \ - (6) 8' DIA x 2' HIGH LEACHING POOL (LP) �� '.� SITE PLAN opt F`,oT'Liy� /0 d. - FUTURE LOCATION FOR (5) O' DIA x 2' • ��� SCALE. ,� ZOO-O�� 7r 0+, �qT HIGH LEACHING POOL (EXP) R 0 0 . A lvrT7p/Pp'P 7 SHEET NO.: 0 BIDDING & PERMITS Sw. ,, PPP APPROVAL i tisioxs 3/s/15 NEW CONSTRUCTION 51'-10" - ---------------------------------------- ---------- ----------- ----------- ---------- ---------- ---------- B A I 1 1 I 9 8 ' J* 0 , I , PROVIDE XPO5ED RAFTER TAILS, TYPICAL. DO NOT EXTEND RAFTER I I NEW FRAMED KNLI. IN LOCATION OF 4x4 TREATED WOOD POST, STRAPPED TOP TAILS AT v1ULTIPLE RAFTERS I PRE-EXISTING WAL , WNEIN 2x6 FRAMING, I$ BOTTOM. CASE w/Ix VER5ATEK FINISH, NEW SPRAY FOAM IN ULATION, AND NEW w/GAP DETAIL TO MATCH EXISTING Z I I FINISHES INSIDE 4 CASED 4x4 P05T w/CL PS _ TOP I co T DOTTON-(T7P7 - -- - - -- - - - - - - — —— — — - - - - - - -- - —I — — —— — — —— — — — — — ——— — —— Y ♦ 2 2x10 G ED BEAM i I m O -- -- - - -- - -�- LL LL 1 LUI FI I ( I NEW FRAMED WALL IN LOCATION OF ' t d tL ' t ( PRE-EXISTING WALL, w/NEW 2x6 FRAMING, =N ( 'N < <I <I <I <I Lni NEW SPRAY FOAM INSULATION, AND NEW O ERED PORGM v- I vl FINISHES INSIDE 4 OUT W r d I I x X I x I x I I- I N I I I I ( I ry NI N I i I Z (2)2x10 HEADER I N )2x10 HEADER - Z2x10 EADER `j li ♦ { T IIIT D FW D - - - - - - T DI I I1-11T. I I I 1 i _ Z ADH3250* W5 50 I ADH3250* 27 1S 60 11 27611S AD32501-7 APW 050 ADH3 0* III I In cV _ I (2)2 O HDR. - IIi- --C2)2x1 HDR. ---- i , (2)2x1� HDR. O _ I ° I 10Y2 (2)2� (TYP.) i l (2)2x1I(TYP) (2)2x4 TYP.) �--� I `t I ' I I v' IU 1L -1 I I IL i I i PRO I DE 1'2" THK. Q I I I u I i_i i l u I I I V-GR OARD I' Z 1 0- z JI JI I O I W I D-I 16- NEW J ABO I)_I I FINI ER SPEC , ALL PRE-FAB DIRECT VENT GAS I z I I-I 10 F- 1 I ROO PAINTED N 5/4x4" IPE DEGKINS, PE ENDIGU AR TO r C' FIREPLACE w/STONE HEARTH ( - I I i� x F�i l i I l i N �., I WALLS. PROVIDE 5TA1 LESS S EEL O k UJ lfl 13 N I I I ATTACHMENTS IN GOUN R SUN HOLES m 4 SURROUND I 4 1 I I CC SHOWER ENCLOSURE FRAMED w/2x I x S I TT I NG AREA � i IIi 16 rr I I D I I NG R M i i w/BUNS FILLERS. PRO DE THE TED _ = l 1N WOOD FLOOR p x I x 1 1 III I WOOD STRUCTURE BEL N TREATED WOOD. PROVIDE Ix(6 V- ROOVE I ___ ___ _ ______� � �i d it 2x8 ®20" XISTINS x I =IT VERTICAL CEDAR SIDING, w/GEDA GAP. --- -- -- -- - x m l k------- --i--,--r- -r-� m l I - PROVIDE 6ALV. HIN61E:5 4 HARDWA E I N N 11I \ L��71 NCB IR ' N I ' 1 G WOOD J II TS ABOV TO I I I r = m I ..-I I � I .�I I � I CASED 4x4 POST w/CLAMPS N � I IN A INET �I II ` I WmOD FrL O I I I I OSED w/RI I INSULAT ON I r` �I l ;III TOP 8 BOTTOM (TYP.) U R LA DIN OI I `� I NEW INISH BETWE STRUCTURE. I I I 1 1� xi In \ I I 1 I I 1 I x 1 SEE EGTI ONS I `p O) III I AI III N6 2 X H I I-------� I I I x o 1 I _ OUTDOOR �0/ /x I I I ' i Ii--------I I I N1 PROVIDE WOOD RAILS ER SPE S,SHOW RI I I 1 i Ili_ ' LINES OF EXISTING TAIR - ONLY WHERE DECKING I MORE THAN ------'1-----------� 1 / I I UP i li i i WALLS TO BE RE OVER l -. I i 30" ABOVE FINISH GRA E ly 6- 2 1- I� -- III I ------------------- -------------------- 0 DECK 6" ABOVE - U I IN. 1 �- 1 I I I - - - - - - ------------------- r I---- - ------ ---—---------- GRADE, FRAMED ' -- _ _ --j I�------------- --------- 3)2xa w/(2)y2"x'I" 5T!_.PL. DROPPED HDR. ,_ , I III 1I ---------------- I PROVIDE IPE DECKING a ;, I i 11 CASEL? 11OPENIN5 5) 4 POST I (5)2x4 P T p ., I { 1 1 1 Z. (2)II�/I x o = e �-- - -- - KIT HEN N ♦ l _� � M Q111cY 8 HVAC GABINE 5, 00 TERT P 4 N ROOF OVERHANG ABOVE r Q r a� I INSTAL TION Y OT ERS r-- ___ if I N a HVA� MEGH. _ l i 7POST I (3)2x4 P T ' --------------- - I' W J• } _ z I ' " ROOM R/F (3)2x10 w/( )Y�'x01" ST. PL FLUSH - = f(1 2 G I _N ------ �2xLUSH 11 - - - -------_- - --_--- - -- ---�----ram-- I N W• Q -- -- --------------- - -- ELFBPOL I ,...,... 5/8° TYPE'X' - - - -- -- - - - -- -- -- - XI/ ♦ - o -- � Q N C7 q) N I I 11 GYP. BD. ALL ' I LLl. N = ,,, w N i ENT' Y 9 5URFA , M 1z _ W {-}� ' I O i ,-d� 1 _ STAIRS TO GRADE WIFETREA S, Q �. f(1 I wQ I h'Ai�l ODD I LOOK HW TREATED WD. STRUCTURE 4 WOOD L li �E�OW -- _ _ I x I I VERSATEK RISERS 8 TRIM BOARDS N N. 1 0 - - 4I i- of { I I i II ACW203\ACW 034 ACW2034 POWDER -- -- - -- - - - --) c0 111 BATH m 6®I6" 5TUD WALL w/SPRA S�P\E or-NF�� i ADH 250* I AA 024 I 024 FOAMINSULATION, PLYWOOD NS C. Sq O� EG E55 1 i I 5HE IN6 4 5HIN6LE SIDING �.r0 '�>G I I HATCHED ARE INDICATES NEW , I O I I I I � FLOOR 5PAGE DED To EXISTING - -- - ' FLOOR PLAN NEW FRAMED WALL IN L CATION OF ° — — — — — — — PRE-EXI5TIN6 WALL, w/N W 2x6 FRAMING, 5TAIR5 TO GRADE WIPE TR D5, NEW SPRAY FOAM INSUL TION, AND NEW PROJECT NO: TREATED WD. STRUCTURE I$ I FINIBHES INSIDE 4 OUT VERSATEK RISERS 4 TRIM ARDS I I 1105 DRAWN BY: TCS 6, -I,_ I2„ DATE: 4'-10�2„ -1'-4y2" 51 y2„ 51_ „ 4,_7y2„ .r-_ay2„ a,_3y2„ 8/20/12 L. 1/4„ = 1' - 0" 10'-2" 3-8�2 5'-6" 6'-8" 15'-"1" SHEET TITLE: 5" 5" 5" 4:211 28' V4j/ 211 16, '1'-10„ FLOOR �� (h���i►� PLANS FIK%.#T FLOOR " LIKEIN. SCALE: 1/4" = V -0" S,AAR C 2013 NOTE: ALL WINDOWS WILL HAVE IMPACT RESISTANT GLAZING VOIRID OF Wyl&AI F SHEET NO: REGULATORY APPROVALS 55'_�Y2• REVISIONS g/5/13 NEW CON5TRUCTION A 9 8 10'_0I/:2 1011 5_y2 i Q'-10" II'-b" b'-,y2" LEAD COATEC COPPER WI OW PANS EXISTING FRAMED WALL SUPPLEMENTED w/PAN AT EACH WINDOW B A5HING w/NEW 2x4 FRAMING, SPRAY FOAM INTO ROOF LL SHINGL FOR I INSULATION, AND NEW FIN15HF-5 IN51DE 8 OUT Z WATERTIGHT CONDITION co �IIE O U. ASPHALT 5HINGLE ROOFING ON 30# BLDG. V- PAPER ON 5/4" THK. PLYWD. DECKING ON NEW/EXISTING RAFTER FRAMING (n W Z EGRESS EGRESS EGRESS EGRESS EGRESS E 55 EGRESS Z ADH32501 ADH3250* ADH3250* I ADH3250* ADH3250* ADH3 50* ADH325041111111 11111111111in O x iD a -- -- ------ ---- - -- -------------- -- --� ---- - - %:2xb --- --- EDGE OF FLAT CEILING ABOVE i PR IDE Y2" TH Z O i V-G OOVE FIBS ARD - CD ' FINI H PER SPECS, ALL W �' c� FAMIL i RO 5, PAINTE ♦♦��11 full i V d STUDY WOOD FLOOR LI E OF EXISTING i CC i Z WOOD FLOOR 8 ViALLS STAIRS CA G i ® i TO BE REMOVED, IcZueen d� __ - -- ------------ --J - FLOOR RE-FRAME 20, ' ; MA5 ER SKI BEDROOM WOOD LOOK Q ' m ----+ � � i 2x10 RIDGE i � � m -4 n N _ i fill i j— INWD. RAILING - fi� i ' ' \ 81 CASED OPENING ' STAIR ; sly 2s! i ALL m UH NO FLOOR ' to - � IN. �r , I I , t 15 iVk4ALK-IN 11 MAST R N _ ' I BATH .14 • - - - - - - - - �i`i �'�♦ ii ------- - TILE R ° y a r 4-Sy2 2'-8" - }� G-�-- ------- - i- J c 0 • � v ' 12 13 " w J a QUEST GE w• a N o BATH ° FLA G. T TI OQR m ►� BE OOM N ct� i OF MFw Oo�,S C. SA �O�r cn NEW 2x4®I6 STUD WALL w/SPRAY AREA OF NEW ADDITIONAL FLOOR i FOAM INSULATION, PLYWOOD ADDED TO EXISTING SECOND FLOOR 5HEATHING t 5HINGLE SIDING T FRAMING SHOWN HATCHED I _ ' HATCHED AREA INDICATES NEW PROJECT NO: II'-12" I SPACEFLOOR ADDED TO EXISTING FLOOR PLAN DRAWN BY. 1105 E CS ED BY: 8'-8y2" I LoIo'-2" -r'- ' 7'-2" DATE: 8/20/12 SCALE: �'-2" 12'-0" 3'-10" a'-a" 1/4" = 1' - 0" 5 " " SHEET TITLE: 4_2 , 5 4y2" 5 20'-4y2" 14'-4y2" Jfl FLOOR PLANS akmu A SECON -LOOR PUP' Lmim SCALE: 1/4" = 1' -0" NOTE: ALL WINDOWS WILL HAVE IMPACT RESISTANT GLAZIWS MAR 0 C ui„ SHEET NO: REGULATORY APPROVALS � I - �isiot�s q/5/12 PILING FOUNDATION %vo NEW CONSTRUCTION at ASPHALT SHINGLE ROOFINIG ON 50# BLDG PAPER ON 5/4" THK. PLYWOOD DECKING ON 2x5 ROOF RAFTERS ® 16" O/G. OPEN RAFTER TAILS. (SEE LEAD COATED COPPER IWINDOW PANS DETAIL "I" SHEET 6) w/PAN AT EACH WINDOW I$ FLASHING INTO ROOF 8 WALL 5HIN0LE5 FOR grin Flfl [11111 WATERTIGHT CONDITION ADH3044 ADH3250* ADH 250* ADH3250* ADH3250* ADH3250* ADH3250* ADH3250* PROVIDE METAL STEP FLASHING __ Z AT ALL ROOF/'WALL CONNECTIONS OPEN RAFTERS LL w/5/4"X4" FASCIA FOR - I GUTTERS (TYP-) ALIE / \ I - / \ i CW 03 CW 03 \ TIF I // \\ // I 4x4 'POST CASED IN W ADH3250* APW50 0 ADH3250* FVI-ID 1 ADH3250* APW5050 ADH3250* 0 I ADH3250* ADH3250* WOOD STRAPPED BOTH Z 6 1 O 1 27 TOP $ BOTTOM (TYP.) \ / NEW 5/4"x4 MAHOGANY \ / I DECKING W/ I/8" SPACING Z + II'-O" NAVD BETWEEN BOARDS ON PTL O - - - - - - - - (MAXIMUM) - - - - - - - _ _ �TRUIGSURE BFLOW a ovv..ovv000v0000000vo..o v'�.00. oo.00vovvvvov000vvoo oovo. 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" o a00000 o 000vo vovvovo..v 000❑. oovo .noun. v0000..v. .o......... 000000v .... 000. vovv00000v o00 00000v oo goo..o. oovo. oaoo oyov oaoo ooa❑o❑vovvv ovvvo.000vv aQ. v o0 0 ov o. o .v ov 000. o ❑ o 0 ' ELEVATIONS I EASm"F ELEVAI"101ftmm f 1 MAR ��} ��i:° SHEET NO: SCALE: 1/4" = 1' -0" NORT H SCALE: 1/4" = 1' -0" 0�"t,vn OF WZAi.r. REGULATORY APPROVALS i 65SD e, TOWN OF SOUTHOLD RECEIVED FORM NO. 3 MAR 6 2013 NOTICE OF DISAPPROVAL - 'BOARD OF APPEALS DATE: March 5, 2013 To: Thom Samuels for Bingham at Kimogenor Pt. 25235 Main Rd. Cutchogue, NY 11935 Please take notice that your application dated March 5, 2013 For demolition & construction of a single family dwelling at Location of property- 50 Jackson Street, New Suffolk, NY County Tax Map No. 1000—Section 116 Block 6 Lot 24.1 Is returned herewith and disapproved on the following grounds: The proposed demolition and construction on this non-conforming lot is not permitted since the work performed is beyond the scope of the ZBA Decision# 6550 Authorized Signature S A M U E L S & �5 510 S T E E L M A N RECEIVED APR 17 2013 April 16, 2013 BOARD OF APPEALS Zoning Board of Appeals Town Hall Annex Southold, NY 11971 Re: RENOVATIONS AND ADDITIONS TO THE BINGHAM RESIDENCE Kimogenor Point, New Suffolk, NY SCTM#1000-116-6-24.1 Dear Zoning Board members, Enclosed please find schematic PLANS of the first floor, second floor and roof of the original structure of the Bingham Residence. They have been shaded to show the portions of the original which remain entombed in the new construction. There was a total of 7,822 square feet of surface area of structure, in floors, walls and roof. Of that, 2,052 square feet remain. This equates to 26.2% of the original structure remaining, above the required 25%. It was a pleasure meeting you on site on Wednesday, S�PJE of NF�� �o S C. S,9 0 50-1 R GNP Tom Samuels cc: Michael Verity, Chief Building Inspector ARCHITECTS 25235 MAIN ROAD CUTCHOGUE,NEW YORK 11935 (631)734-6405 FAX(631)734-6407 RECEIVED APR 17 2013 BOARD OF APPEALS FIRST FLOOR PLAN RECEIVED APR 17 2013 BOARD OF APPEALS SECOND FLOOR PLAN SO RECEIVED APR 19 2013 BOARD OF APPEALS ROOF PLAN NORTHAl O- WOODWORKS 631,.298.7900 BINGHAM RESIDENCE PHOTO ALBUM APRIL 16, 2013 560 RECEIVE[ APR'] 6 2013 BOAR® OF APPEALS The Following are photographs requested from the ZBA on April 4, 2013. These photographs are in date order. Note: All dates are approximate 5175 Route 48 • Mattituck, NY 11952 • PH: 631-298-7900 • FX: 631-298-7899 N YT Pik A '0000" 4:;;Opp- r/ N 1 f .:let -, +�L!{- °� . - -;Ii` •��� � �4�., �'.''ir � �. _ � - � IT '�: '� - -__ ' tau•{ a�, i ♦ :� � , r...* `' , PHOTO 2 -WEEK OF DEC.10 � e I , r. t I NN _, PHOTO 3 WEEK OF DIEC.10 I I 1■ III PHOTO 4 WEEK . . i - - v ` GROW S • r r PHOTO OF DEC.17 a 441 • 10 m�--—mm quo- -,1116 WO-L or _ T .. �► � �t � . ter f ' •L .Yr �1a.7eie 1 , , 'n , • \ r = t � I PHOTO : WEEK OF JAN.28 t 1 pp , _ • s _ wl'kVA" ML we rt / w " r i d' 1� s PHOTO 10 - WEEK OF FEBA fee:$ r Filed By: Assignment No. ��CE��� 3 IB®W -ALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 80 Street Jackson Street Hamlet New Suffolk SCTM 1000 Section 116 Block 6 Lot(s)24.1 Lot Size 5.90 acres Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED March 5,2013 BASED ON SURVEY/SITE PLAN Applicant(s)/Owner(s): Kimogenor Point Co. (Daniel&Jackie Bingham) Mailing Address: c/o William Archer,President,29 Green Meadow Lane,Huntington NY 11743 Telephone: c/o Pat Moore 765-4330 Fax#: 765-4663 Email: pcmoore(a mooreattys.com 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 specify who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or H Authorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED March 5,2013 FOR: E 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.) "Exceeding the scope of ZBA Decision#6550" 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 X Amending decision#6550 to include demolition and reconstruction of the second floor of the existing dwelling A prior appeal, X has been made at any time with respect to this property,except . UNDER ZBA file#6550 dated July 5,2012 and#5654 dated 3110105(Please be sure to research before completing this question or call our office for assistance.) RECEIVED Name of Owner: Kimogenor Point Co. ZBA File#6550 MAR 06 2013' REASONS FOR APPEAL(additional sheets may be used with preparer's signature): BOARD OF APPEALS. 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 house was started in accordance with the approved plans and Zoning Board approval granted in appeal#6550;During the course of construction the structural condition of the existing framing rerquired remediation,attached is a report prepared by Tom Samuels describing the conditions found and work required. (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 house is structurally completed(framed,sheathing and roof). The framing and sheathing is identical to the architectural plans,with additional material,as needed to support the renovated structure. Attached is a report prepared byNorth Fork Woodworks with the photographs taken during the course of construction which document the efforts made to retain 44%of the existing struture. (3) The amount of relief requested is not substantial because: The existing house is less than 1% of the Kimogenor Point Co.holdings. The finished construction and"look"of the second floor of the Bingham house remains the same as proposed. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the location of the existing house has not changed, the structural materials conform to NYS building codes and in the interest of health and safety the existing second floor was reconstructed. (5) Has the alleged difficulty been self-created? ( )Yes,or (X)NoThe existing structural elements of the sexond floor required more reconstruction than was originally anticipated. Are there Covenants and Restrictions concerning this land: No XYes-Kimogenor Point Co. is a cooperative ownership structure.(please furnish copy). This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box O IF A USE VARIANCE IS BEING REQVESTED,.AND PLL AYE COMPLETE THE ATTACHED USE VARIANCE SHEET. (Please be sure to consult your attorriev.)�- �r - Signii of-Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this of/M6(2CN,20 /3 . MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, a(D/s` I ^ °� 1 VI-J BAR � 20i3 � 0100 0� March 6, 2013 Kimogenor Point Company New Suffolk, NY (Daniel &Jackie Bingham Unit) c/o William W. Archer, President 29 Green Meadow Lane Huntington, NY 11743 Patricia Moore 51020 Main Road Southold, NY 11971 Dear Ms. Moore: On behalf of Kimogenor Point Company, as owner of property located at 80 Jackson Street, New Suffolk, NY (sctm: 1000-116-6-24.1) I hereby authorize you as attorney and Tom Samuels of Samuels and Steelman, as architect, to act as our agents regarding any and all applications with the Town of Southold Zoning Board of Appeals and other agencies in the matter presently before you concerning the residential unit of Daniel &Jackie Bingham located at Kimogenor Point. We consent to and support the application to modify the ZBA decision # 6550 to permit the Bingham residence to continue with their construction. Very truly yours, Kimogenor Point Company By William W. Archer, President RECEIVEV S A M U E L S & MAR 06 201, S T E E L M A N 110AR110FgppEAL.5 February 27, 2013 Michael Verity, Chief Building Inspector Southold Town Building Department Town Hall Annex Southold, NY 11971 Re: BINGHAM RESIDENCE Permit#7712 Kimogenor Point Corporation New Suffolk, NY Dear Mike, hereby attest that every effort has been made by North Fork Wood Works to preserve existing fabric at the above referenced project, as required by the Zoning Board of Appeals and your department. At the same time, they have closely followed the drawings stamped as part of the Building Permit, and the structure complies exactly to the size and configuration shown, approved, and required by code. The pre-existing structure was a lightly framed, seasonal cottage built in 1915. It had 2x4 stud walls, often greater than 24" on center, with (2)2x4 headers and no multiple framing at openings. Significant portions of the existing building. had sagged and technically failed. In order to meet current standards of construction, new framing was required, as was shown and approved on.the permit set. That said, much of the pre-existing structure remains, including • first floor ceiling/second floor framing and'subflooring • all pre-existing interior/exterior second floor wall framing which was shown to remain on the drawings • all pre-existing second floor roof rafters which could remain to achieve the approved new roof configuration Floor, walls and roof framing: together these constitute existing structure, even if the members are sistered with and entombed in new framing. The second floor framing accounted for 44% of the pre-existing structure. Although it was necessary to remove some of the framing elements to achieve the approved design changes, I contend that more than half of these elements remain, accounting for at least 25% of the original structure. ARCHITECTS 25235 MAIN ROAD CUTCHOGUE,NEW YORK 11935 (631)734-6405 FAX(631)734-6407 RECEIVED 09 MAR ,0 6 2013 BOARD OF APPEALS The pre-existing T&G siding was not diagonally installed, and therefore did not provide adequate lateral bracing. Plus, it was deteriorated by rot in many places. It was replaced to achieve continuity of new and old structure, and to meet requirements of good building practice and NYS code. That said, its replacement may give an impression to the casual observer that it encloses entirely new construction. This is not true. Many of the complaints received by your department regarding this project have been stimulated by erroneous reporting by the Suffolk Times, where the project has been described as a "reconstruction" required by damage sustained from Hurricane Sandy. None of this is accurate. We were never contacted by the paper, and were unable to responsibly rebut their misinformation. Great effort has been made by me, Scott Edgett, and Kyle Schadt to find our way through the exhausting regulatory approvals process and technical challenges presented by this project, created by the "non-conforming" nature of the property ownership (which was the basis of the required variance). We have been back and forth to your office,.the Zoning Board, Trustees and DEC, making every effort to satisfy your and their concerns. You have been very helpful in explaining our responsibilities regarding these approvals, with which we have endeavored to comply and for which we remain grateful. My clients, Dan and Jackie Bingham, have accepted the enormous expense required to meet these requirements, including lifting the house within its footprint in order to install a state-of-the-art helical pile foundation, at great cost and delay. It would be unwarranted to impose additional cost and delay upon them, when they and we have done everything possible to comply with the variance and the building permit stipulations. The essential structure of the pre-existing second floor remains. It amounts to more than the required minimum 25% necessary to prevent the project from being seen as a full demolition. Thank you for your assistance and support, 5,1,lE OF �OMp.S C. s��1"0 a � '50-1 Tom Samuels, R.A. NORTH • • 631.,298.7900 RECEIVED February 27,2013 MAR 6 6 2013 4ezpem i 'A To Michael Verity,Chief Building Inspector, BOARD OF APPEALS North Fork Woodworks would like to take this time to explain some of the challenges of the current situation at 7 Kimogenor's Point. We feel secure in knowing that we have met all the guidelines that the Town of Southold Building Department has required. We would like to take the time to explain this to you and clear this situation.We appreciate your time and understanding,as we all know this has been a very difficult and challenging project. At the start of this project we were given clear instruction to save at least 25% of the existing structure. Please note that the pre-existing"lightly framed"structure required substantial reinforcement with new framing to meet local and state codes.This was requested by the ZBA and enforced by the building department. Early on in mid December, North Fork Woodworks received a"stop work order"by the trustees. This stated that too much of the house was demolished. At that time we clarified that 44% of the existing structure still remained. You came to inspect the situation and the"stop order"was lifted and we resumed this project. Since that time,the foundation has been completed and the"new"first floor walls have been erected. The entire 44% or 880 square feet of the existing second floor was lowered and attached to the new first floor. The first floor ceiling can visually show this original structure. The original, entire Second floor remains;we still have the old wood existing,but it has been modified to ensure that we met code.It is relevant to see the Old framing next to the new; the OLD roof rafters have been sistered with new timbers.The OLD walls have been sistered to allow for new heights and layouts. The OLD "tongue and groove"fir flooring still exists. All the existing sheathing was removed and replaced with new CDX in order to comply with wind codes and help structurally tie the old structure with the new. (Please refer to the attached photographs.) As you can clearly see we have had many obstacles to overcome in order to meet the town requirements and a safe home once this job was completed.We have gone way over and above to preserve the 25% of the lightly framed original structure. We take pride in North Fork Woodworks and the honest reputation that we have built. We cannot express enough how important it is for us to comply with all local agencies.It has been an honor to be part of preserving the North Fork,we certainly hope you take the time to understand the challenges we have faced while working hard to assure that your requirements have been met. This has not been an easy task for all parties involved,but we are sure that if you investigate this situation further you will see that OVER 25% still remains. Sin erely, f Scott Edgett&Kyle Schadt North Fork Woodworks*5175 Route 48*NY 11952*Ph:631-298-7900 RECEIVED MAR 0 6 2013 Second Floor Wall/Roof Detail BOARD OF APPEALS Please note how the old framing has been mixed with the new framing of the roof and wall. bS-q �"pemii��RECEIVED First Floor Ceiling Detail MAR 0 6 2013 BOARD OF APPEALS -T Ar i A .a i �- r ` a "- G 7 Please note all existing first floor ceilings remain in new construction ��9 RECEIVED Original Structure MAR 06 2013 OF APPEALS a { ------------ i a Please take into account the number of vertical wall studs (10 studs) that existed prior to the first floor demolition. This stud layout was consistent in the second floor. Our new photos will convey the diligence we took in preserving the ten existing studs on the second floor. For example: k 1 C f E. e i; 1 la � ' RECEIVED Second Floor Proposed Interior MAR 06 2013 Before: BOARD OFAPPEALS :..., - .. �. . Please note the stud wall carrying existing collar ties is noted to remain in the approved building plans. These walls consisted of approximately 8 to 10 - 7' studs with large openings from existing closets. Please note again, we did our best to preserve the 7' studs. After: F} c L k Y 1 � %b Ae ore,11 i' ) RECEIVED MAR 0 6 2013 Existing Second Floor System ConditionsuOARDOFAPPEALS Before: i This photo is an example of the existing second floor conditions. After: t b„d Above shows existing fir flooring which remains. Also note the distinct line of new 3/4" CDX plywood meeting existing fir flooring. The new CDX was installed due to the opening left behind by the existing staircase. �rq " ^ RECEIVED Existing Second Floor MAR 0 6 2013 BOARD OF APPEALS `4 rw a This photo is not only a roof line but the existing second floor walls, gable ends, and floor system. Totaling 44% or 880sgft. Although exterior sheathing did not remain this structure has been entombed within the new structure as per the plan. Panorama Photo of Entombed Second Floor 911gtw, � �► IL r ..- - t , 11FF01/rco ELIZABETH A.NEVILLE,MMC �� Gy Town Hall,53095 Main Road TOWN CLERK C P.O.Box 1179 Go Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 0-0 Fax(631)765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER �0,( .��� Telephone oldt 76ownn y.gov oo www.south ldt FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: March 8, 2013 RE: Zoning Appeal No. 6550-Re-Opening Transmitted herewith is Zoning Appeals No. 6550 of Patricia Moore for Kimogenor Point Co. (Bingham)-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Notice of Disapproval from Building Department Dated March 5, 2013,Authorization Letter from Kimogenor Point Company(Wm. Archer) to Patricia Moore to Represent Them in this Matter Dated March 6, 2013, Two Page Letter form Samuels & Steelman Dated February 27, 2013, Letter from North Fork Woodworks Dated February 27, 2013 Six Pages of Photos of House as it Exists, Survey of Kimogenor Point Co. Dated February 6, 2013 Prepared by Nathan Taft Corwin II Land Surveyor, Four Pages of Plans Showing Floor, Elevations and Site Dated August 20, 2012 Prepared by Samuels & Steelman Architects. Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 03/08/13 Receipt#: 147262 Transaction(s): Reference Subtotal 1 1 ZBA Application Fees 6550 $1,000.00 Check#: 16669' Total Paid: $1,000.00 Name: Samuels, &Steelman 25235 Main Rd Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID:6550 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3-6-13 ZBA# NAME OF APPLICANT CHECK# AMOUNT TC DATE STAMP 6550 RE- KIMOGENER POINT OPENING (BINGHAM) 16669 $1000.00 TOTAL $1000.00 Sent via Inter-Office to Town Clerk by: ES Thank you. SAMUELS& STEELMAN ARCHITECTS 04/08 THE BRIDGEHAMPTON NATIONAL BANK 16669 25235 MAIN ROAD CUTCHOGUE,NY 11935 CUTCHOGUE, NY 11935 ' 50-666/214 PH. 631-734-6405 S-,PAY TO THE ORDER OF Q J��C7 G{ BA XIV / DOLLARS ci z F- v wMEMO _. r:. / Ali l✓ v �l � ��✓�v AP 2nd FLR. 64 Ist Liz. Vol RECEIVED APR 4 2013 BALLOON FLA I FORM FRAM I NCB BOARD OF APPEALS FRAM I NCB Original Bingham Conventional �� ' . � �� � . . , �. . - I •� I \ rllllll��. '. :. ` 1■ ,���� III I � � �� a s i - it 1 1 ,t • � 1 w. •r .. ��s.tip� � -- i •'�- �. — `+ �. " f � � -... ,.. __ •'�. >r _ Q l ..- t � y � �. lip'F�' ,• f • t f - ., J y -� a ,f' r h P a- �.l G►-i:.� - v �4 `"�`��. � .- _ _sir!' '� d ''mow,,, �'"_ �',�' � 40 ,s pr POW jII1 !T1 I I k iiIt A 4 , _ r x � - as I ld :.5 •�� �'! I�'� r 1 `"��'f: � , t 1 �/ e�� ��� . { ` 1 ' h J �i,. +II S�^•: 11ti '4 �;\ a � •�� �` a `�. h � � � i i I i j 1 . _ �� , ' I 'Ar'_ r � .,�_ ... � ... ,._.. i,.�Yrt j 1 ,' _T+Q Y �'- \ ��� ��` ,� ,�,;.> � � s.- .� '`��` .� _ -�-� ��� _ _ . . . ��� y �•. . � _ ----�-�.___ ,ter.=:N 1 � - - -�---- - _ _ _ .. ���: � �'i _ __ � � t1��� i ��� � i ,'� � � - r--- i . - � �� -. __! �____ ..... �.. y 4 ��. �• ��y � `:. I r ' u • T a i� -01 AMW � � I •t •+m a � K V' - - 1 y ■ I w: t l :.J a+. _ ;j�►. _ y=-� ,'--1 ,• � :!- r � •- '- - 'gig:. � .t- . i�'�✓ - _ ^-fie>.,' _ � - +f' ` �. i _-..._ 4s .t�c • ?�+...1;• - •.-J�' J S. i4 1.1`. .'w.e�-�-•�M' 1 ♦-_ - -gyp 'L r o 1 � 1 �� D A N C- 0 #11152 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 18th day of April, 2013. Principal Clerk LEGAL NOTICE SOUTHOLDTOWN ? me this dayof 2013. ZONING BOARD OF APPEALS THURSDAY MAY 2,2013 10:50A.M:. - RICHARD ZAHRA PUBLIC HEARINGS 06W7-Request-for Variances from Aiti- NUTICE IS.HEREBY GIVEN,pur- cle XXIII Section,280-124 and.the Build- suant to Section 267 of the Town Law and ing Inspectors January 23 2013 Notice of. Town Code Chapter 280(Zoning),Town Disapproval based on an application for CHRISTINA VOLINSKI of Southold,the following public hear- ' building permit for`as built''deck::and NOTARY PUBLIC-STATE OF NEW YORK ings will be held by the SOUTHOLD raised patio addition to existing single TOWN ZONING BOARD OF AP-. family dwelling,at:1)less than.the.'code No. 01V061050,50 PEALS at the Town Hall,53095 Main required minimum'-rear yard setback of Qu011fled In Suffolk COUnfy Road, P.O..B(ix 1179, Southold, New 35 feet,2)more than the code permitted' My COMMIA01on Cx IrQA Pobruar 98, 2016 York 11971.0959,on THURSDAY MAY maximum lot coverage of.20%,located �' Y 2.2013: at: 44' IVlarlene Lane Mattituck NY. 12:10P.M.-JAMES SCUL'LY#6650 ! the code required bulkhead setback of 9:30 A.M.-KIMOGENOR POINT; SCTM#1000 143 3`29' :. Request for Variances from Article 75 feet for additions,and alterations to INC.(BINGHAM)-#6550—(Adj.from 11115A.M ROMAN CATHOLIC III Code Section 280-15 and' Article I the dwelling,3)guest quarters are not.a April 4,2013 PH)Re-Opened per Board CHURCH'OFTHE SACRED HEART', XXIII Section 280424 and the Build- . permitted accessory use,located at:8425 Resolution. Based on the Building In- #6645-Request for Variance under Ar ing Inspector's March.19,2013 Notice of Nassau Point,Road(adj.to.Little Pecon- spector's March 5,2013.Notice of Disap- ticle IV Section 280=14 and the Building; Disapproval:,based on an application for � re Bay) Cutchogue NY SCTM#1000- proval based on work performed is be- Inspector's January'28,2013 Notice of ' building permit to construct accessory 118 4-1'1: yond the scope of the ZB?.decision,1) Disapproval based;on an applicarion.for in-ground swiinningpool,ati l)acces- 2:15P1YI •.BABS`CORPORATION. deemed a demolition and construction building permit fora lot line change,.at: sory pool is proposed in'a location other. #6651,Request for.Variances from Arti- of new single family dwelling;located at: Proposed Lot#16 1)less than the code than the code required rear yard,2)lot ! cle III Code Section*45 and the Buitd- 50 Jackson Street(adj.to Great Peconic required mnimum'loti size of 80,000 sq.- coverage at more than:the maximum ing Inspector's March 14„2013 Notice of Bay) New Suffolk, NY. SCTM#1000- ft.,located at:3400 Depot Lane and 4200 code permitted 20%, located at: 615 Disapproval based,on an application for 116-6-24.1 Depot Lane;Cutcho p gne NY.S.CTM#'s-. _ Brown Street (comer,Seventh' Street) building.pemrit for two"as built"existing , rn 10:00 A.M.-MATTITUCK PLAZA, 1000-96-5-12.1 and,10 Greenport,NY SCTM#1000-48-3-18.1 LLC#6635,Request for Variances from 11c30A.M.-RALPH.and CARME- 1d30EM.-MICHAEL.MANTIKAS reconstructed accessory buildings;at:1) Article III Code Section 280-15 and the LO CONSTANTINO #6643 -'Request #6641-Request for Variances from Arti- one accessory building is located at less Building Inspector's December 17,2012 for Variance from Article'.IV,Section cle XXIII Section 280-12.and the Build- than-the.code.required minunum side Notice of Disapproval based on an ap- : 280-18(Bulk Schedule)and the Building ing'3nspector's March 11,201.3 Notice of and rear(yard setbacks of 10 feet'.2)sec- plication for building permit for an"as Inspector's February 13,2013 Notice of Disapproval based on an.application for and accessory building'is located at less built"accessory building,at:1).located;• Disapproval based on an application for building permit to demolish and•re-con- than the code required minimum rear at less than the code required 25 feet -building permit for additions and'altera- k struct an existing single family dwelling, yard setback of 10 feet,located at:13105 from any property line, 2) more than tionstoexistingsiii&'.family.dwelling,at: i at:1)less than the code required mini- Main Road (State Route 25)Mattituck, the permitted lot coverage.of 30%,lo- 1)less than fhe.bode required minimum mum side yard setback of 10 feet,2)less NY.SCTM#10007140-3-39 cated at:10d95 Main Road aka NYS 25, -rear yard setback of 56 feet,located at: = than the total combined side yards of 25 2:45P:M. JAMES and SU AN (corner Factory Avenue)Mattituck,NY. 2105 Brown's Hill Road,(corner North feet,located at:80 Oak.Court(aka South ..BROWN-#6652:.:-.:Request for Vari- SCTM#1000-142-1-26 View Drive and South View Drive)Ori- Lane)(adj.to Guiliners Bay),East Mar- ances.from Article XXM Code•Section ent,NY SCTM#1000=13-1-8 : ion,NY..SCI'M#1000-37-6-3.5 280-116B and Article XXIII Code Sec- 11:50A.M.-NICK PALUMBO#6646 1:50P M.-DAVID SCHIFF#6649 - tion_280-124 and the Building Inspec- 10.30A M - FEHIM and SEVGI Request for Variance from Article III, Request for Variances from Article IV fors April:10,2012 revised March 20, UYANIK#6644-Request for Variance Section 280-15 and the:Building Inspect Section 280-18 ., Article XXII Section 2013 Notice of Disapp""royal based on from Article XXII Section 280-116 and , tor's March 7,2013 Notice of Disapprov- 280-116(B)and Article I'II Section-280- an application for building.permit for the Building Inspector's February.27,; ,'al based on an application for building 13C and the Building Inspector's March demolition and reconstruction and addi- appl Notice of D ildin permit addi- permit for construction,of accessory in- 6,2013,amended March 14,2013 Notice tions/alterations'to an existing seasonal application for building permit for addi- round swimming pool,at:1 accessory of Disapproval based.on.an application, cottage at 1) bulkhead setback of less tions and alterations to a single-family in-ground"swimming pool is proposed in for building permit for additions and than the coda required 75 feet,2)less dwelling,at:less than the code permit- a location other than the code required alterations to'an existing single family than,:the,code required minimum side ted setback of 100 feet from the top of rear yard;located at;1245 Gillette Drive dwelling and construction,,of a new ac- yardsetback of`10 feet;-3)less than the bluff,located at:5 la(aka North and nd*East Gillette Drive East Marion, cessory garage.with guest quarters, at: tot4combmed side.yards:of 25 feet,4) Road); (adj.. to Long Island Sound) NY SCTM#1600-38-3=5 1)less than the minimum,code required more than the:maximum codes permit- Greenport,NY SCTM#1000=44-1-4 side yard setback-of 15 feet,2)less'than ted•lot coverage_of 20%;located.at:170. :.OakSueet(adj.to Eugene's.Creek)Cu- tchogue,NY:SCrM#1000-136-1-53.3 3:05P.M.--STEVE CONDOS#6648 'Request-1pr Variance 'from Article XXIII Section 280-124 and the Building Inspector's February 271:2013 Notice::of Disapproval based on an application for building'permit.-for"as built"deck addi- tion:to'existing single family dwelling: 1)more than the code permitted maxi- mum'dot coverage of.;20%;located at:' 1350 Bay-view Avenue.Greenport,NY. SCTM#1000-52-5-50 The,Board of Appeals will hear all . person's•or fh'eir representatives;.desirm 'ing'to be,heard at.each:hearng,and/or desiring to.'submit written statements before.the conclusion of each hearing. Each hearing will not start earlier than 'designafed'ab' .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.ny.us Dated:Anril R.2013 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson 0f SO�r�o 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 .� Office Location: Gerard P.Goehringer T Town Annex/First Floor,Capital One Bank George Horning • �Q 54375 Main Road(at Youngs Avenue) Ken Schneider �lij'100u � Southold,NY 11971 http://southoldtown.noithfork.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, APRIL 4, 2013 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 11971-0959, on THURSDAY, APRIL 4, 2013: 9:30 A.M. - KIMOGENOR POINT, INC. (BINGHAM) - #6550 — Re-Opened per Board Resolution. Based on the Building Inspector's March 5, 2013 Notice of Disapproval based on work performed is beyond the scope of the ZBA. decision, 1) deemed a demolition.and construction of new single family dwelling, located at: 50 Jackson Street (adj. to Great Peconic Bay) New Suffolk, NY. SCTM#1000-116-6-24:1 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: Vic ki.Toth(a-Town.SouthoId.ny.us Dated: March 11, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE . OF HEARI ,NG The following application will be heard by the Southold Town Board of Appeals at Town Nall , 53095 - Main Road, Southold : NAME : KIMOGENOR POINT ( BI, NGHAM ) # 6550 CTM # : I 000= 1 16=6=24m I VARIANCE : WORK PERFORMED BEYOND . SCOPE OF ORIGm ZBA DECISION REQUEST: DEMOLITION & CONSTRUCTION DATE : THURS . , APRIL 4 , 2013 9 : 30 A.M 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK -------------------------------------------------------------------- x In the Matter of the Application of AFFIDAVIT KIMOGENOR POINT INC (BINGHAM) OF #6550 MAILING (Name of Applicant) CTM Parcel # 1000-116-6-24.1 --------------------------------------------------------------------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��- of March, 2013, 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. ( ignature E ETSY PER �NJ Sworn to before me this T/f day of March 2013 (No ary Public) MARGARET C. RUTKOWSKI Notary Public,43taa2528 of New York Qualified in Suffolk County—OAS Commission Expires June 3, r KL,.,GENOR POINT INC (BINGHAM) NEIGHBOR MAILING LIST SCTM: 1000-116-6-24.1 TOWN OF SOUTHOLD KIMOGENOR POINT CO. PO BOX 1179 ATTN: WM. ARCHER SOUTHOLD NY 11971 29 GREEN MEADOW LANE SCTM; 1000-116-6-22.2 HUNTINGTON NY 11743 SCTM: 1000-117-10-1 ERNEST CASE & OTHERS KIMOGENOR POINT CO. PO BOX 285 ATTN: WM. ARCHER CUTCHOGUE NY 11935 29 GREEN MEADOW LANE SCTM: 1000-116-6-21.1 HUNTINGTON NY 11743 SCTM: 1000-117-9-1 ; TOM WICKHAM& OTHERS PO BOX 928 CUTCHOGUE NY 11935 SCTM: 1000-116-3-16.1 RECEIPT I RECEIPT 71042438809000000631 RECEIPT RECEIPT 7104 2438 8090 0000 0624 7104 2438 8090 0000 0648 7104 2438 8090 0000 0655 FROM: FROM: I Moore Law Office i FROM: FROM: Moore Law Office I RE:KimogenorPoint ZBA RE:KimogenorPoint ZBA Moore Law Office f Moore Law Office iRE:KimogenorPoint ZBA I RE:KimogenorPoint ZBA SEND TO: SEND TO: I TOWN OF SOUTHOLD SEND TO: SEND TO: KIMOGENORPOINT CO. PO BOX 1179 I ERNEST CASE&OTHERS TOM WICKHAM&OTHERS ATTN:WM.M.ARCHER i,29 GREEN MEADOW LANE SOUTHOLD NY 11971 PO BOX 285 PO BOX 928 HUNTINGTON NY 11743 i CUTCHOGUE NY 11935 E CUTCHOGUE NY 11935 i � FEES: FEES: ` Postage 0.46 FEES: { FEES: Postage 0.46 Certified Fee 2.95 Postage 0.46 Postage 0.46 Certified Fee 2.95 Return Receipt 2.35 Certified Fee 2.95 t Certified Fee 2.95 Return Receipt 2.35 Restricted Return Receipt 2.35 Restricted p�y f Return Receipt 2.35 3 N�' I TOTAL Pam+ r ' Restricted N'y Restricted TOTAL/ L �7 $� /�'1� % PO BARK OR D TOTA//L/© V5\76,. TOTAL (j 76 P 5T ARK OR D I �\� PO>�j. ARK OR DA• E� P ARK OR MO.ORE LAW OFFICE 4. Kestricted Delivery? 3.Service Type 51020 M A I O A D CERTIFIED-- - 11971 (Extra Fe Yes 2. Article Number 7104 2438 8090 0000 0648 A.7ature: (❑A�- ON IIII IIIIIII III B. Received By: C (P/ease P i Clearly) • �/f ��—C 7104 2438 8090 0000 0648 C.Date:of De live 1. Article Addressed To: J a ��--) ERNEST CASE & OTHERS n I D.Addressee .Addres (IfDiflerentFMMAddrossUsedbySende� PO BOX 285.. CUTCHOGUE NY 11935 i --- ---------- --- Floor Secondary Address/Suite!Apt./ (Please Print Clearly) ----------------------------------------------------------------------------------- Delivery Address -------------------------------------------------- -------- ---------- a.City; Stat ZIP,+4 CoQe — -- 1 (� MOORE LAW OFFICE 4. rtestriu. u Delivery? 3.Service Type 1 51020 MAIN ROAD SOUTHOLD N-,Yi 111: 1; ;(Extra Fee) Yes CERTIFIEDdED, ; 2. Article Number i 7104 2438 8090 0000 0655 nature: (❑Ad ee ❑ x IIIIII II IIIII I II IIIIIIIIIIIIII II II IIIIII it eceived 11 ( ase�Print Clearly) 7104 .2438 8090 0000 0655 , C.Date of Delive 1. Article Addressed To: D.Addressee's Address(I/DiflerontFromaddre-UsedbySande0 TOM WICKHAM & OTHERS PO BOX 928 CUTCHOGUE NY 11935 -Secondary Address/Suite/Apt./Floor(Please Prinf Clearly) -----•--er--y----A---ddr--es•----...............---•--..........---........................ iDelivs ------------------------------------------- St--ate--- ---------- -- - -- City� � ZIP+4 Code r MOORE LAW OFFICE 4. Restricted Delivery? 3.Service Type 51020 MAIN, ROAD, , I, II" Hill' ' 2, ;' it , i S O U T H O L D )N Y 119-71 i l l i)i i i l l. , ) ) ! )(Extra{Fee) Y.es i CEdRT9F9E® �. 2. Article Number i 7104 2438 8090 0000 0631 i A. f0 Sign a �Addresse ' ❑Agent) 111111 B. ed l /early) �s �lll l lll�l�llilllllll ll illll�ll 7104 2438 8090 0000 0631 I C.Date o Delivery g > 1. Article Addressed To: phAR 19. TOWN OF SOUTHOLD I � D.Addressee's Addr855(IIDiff, tFro'Add slfsedbySende) PO BOX 1179 �._� (jc � SOUTHOLD NY 11971 - ........................... Secondary Address/Suite/Apt./Floor(Please Print Clearly) ----------------------------------------------------------------------------------- Delivery Address -------------------------------------------- -••••-- -----.---------------------- Clty State ZIP+4 Code - � 1 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- a� COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at_ fa-i y (--to New York, being duly sworn, depose and say that: On the ;2u day of 4a!(j�✓ , 2013 , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- f way(driveway entrance) —facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date,which hearing date was shown to be q _2013 (Signature) f Sworn to before me this Day off Pli4 L , 2013 BETSY A.PERKINS Notary Public,State of New York No.01PE6130630 otary Public) Qualified in Suffolk Coin Commission Expires July 18� i * near the entrance or driveway entrance of my property, as the area most visible to passerby. I MOORE LAW OFF - 4. Restricted Deli...... 3.Service Type 51020 MAIN RO (Extra Fee) EICERTIFIED J , SOUTHOLD NY 11971 2. Article Number 7104 2438 8090 0000 0624 II A.Signature: (❑A ressee or Agent) X IIIIII IIIIIIIIIIIIIIIIIIII � IIII IIIIII I III B.Received By: (Pl se rint Clearly) 7104 2438 8090 0000 0624 C.Date of`Dell ery 1. Article Addressed To: I &A iD.Addressee\Addre (i/Di%mntFm.Address UsedbySender) K I M OG E N O R POINT CO. ATTN: WM. ARCHER I ,,29 GREEN MEADOW LANE Secondary Address/sulfa/Apt./'Floor(Please Print Clearly) NY 11743 i �. Delivery Address ., -^ Clt StateOr ZIP+q Code - emararm.»�,?9 ��'.ri!Seei .•ik;. 4: i„ .,. :iF'?,`iE'i�i;',l ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http:Hsouthtown.northfork.net March 11, 2013 Re: Town Code Chapter 55 —Public Notices for Thursday, April 4, 2013 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before March 18th: .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 mailinq 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 March 25th: 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 March 27th: 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 April 2, 2013. 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. �\ #11122 V 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 2e day of March, 2013. _ rincipal Clerk LEGAL NOTICE �P thic day of 2013. 11:15 A.M.-NICHOLAS and MARY SOUTHOLD TOWN ANTONUCCI#6638-Request for Vari- ZONING BOARD OF APPEALS ante from Article XXIII Section 280-124 THURSDAY APRIL 4,2013 and the Building Inspector's February PUBLIC HEARINGS 21, 2013 Notice of Disapproval based NOTICE IS HEREBY GIVEN,pur- on an application for building permit suant to Section 267 of theTown Law and for additions and alterations to existing Town Code Chapter 280(Zoning),Town single family dwelling: 1) less than the Of Southold,the following public hear- code required minimum front yard set- CHRISTINA VOLINSKI ings will be held by the SOUTHOLD back of 35 feet,located at:770 Shipyard NOTARY PUBLIC-STATE OF NEW YORK TOWN ZONING BOARD OF AP- Lane (corner Landon Road) Southold, PEALS at the Town Hall,53095 Main' NY.SCTM#1000-64-4-20 No. 01 V061 05050 Road, EO. Box 1179;-Southold--New 12:00 P.M. - LESLIE L.-LaVEC- York 11911-0959, on THURSDAY Qualified In Suffolk County CHIA #6634 - Request for Variance APRIL4,2013: My Commisslon Explres February 28, 2016 9:30 A.M.-KIMOGENOR POINT from Article III Code Section 280-15 INC. (BINGHAM) - #6550 - Re- and the Building Inspector's January 23, 3.00-13M.-JOHN SPIRO#6636-Re-- Opened per Board Resolution. Based 2013 Notice of Disapproval based on an quest for Variances from Article XXIII application for building permit for an the code required bulkhead setback of Section 280-124 and Article III Section' on the Building Inspector's March 5, accessory in round swimming pool,at: q 2Q13 Notice of Disapproval based on Y g g p 75 feet,located at:3055 Wells Avenue 1 280-15 and the Building Inspector's Febru- work performed is beyond the scope of 1) accessory in ground swimming pool (adj. to Jockey Creek) Southold, NY. I ary 14,2013 Notice of Disapproval based the ZBA decision,1)deemed a demoli- is proposed in a location other than the , SCTM#1000-70-4-11 on an application for building permit for tion and construction of new single fam- code required rear yard,located at:908 2:15 P.M. - RICHARD FRIZZI additions and alterations to existing single ily dwelling,located at:50 Jackson Street Private Road#2,(aka Birds Eye Road) #6640-Request for Variances from Ar- family dwelling and to construct an acces- Orient,NY.SCTM#1000-17-2-1.5 sory shed:1)less than the code required (adj.to Great Peconic Bay)New Suffolk, title XXIII Section 280-124 and Article q 1:30 P.M. - KATHERINE AN- � rear yard setback of 50 feet for single fam- NYSCTM#1000-116-6-24.1 l XXII Section 280-116B and the Build- g DREADIS #6639 - Request for Vari- fly dwelling,2)accessory shed proposed in 10:15 A.M.-THOMAS SPURGE - antes from Article XXIII Section 280- � ing Inspector's March 1,2013 Notice of #6615-Re-Opened per Board Resolu- Disapproval based on an a"'lication location other than the code required rear 124 and Article III Section 280-15 and pp yard,located at:340 Glenwood Road Cu- tion-Request for Variance from Article for building permit for construction of a � the Building Inspector's January 22,, tchogue,NY.SCTM#1000-110-6-5 XXIII Section 280-124 and the Building new single family dwelling:1)less than 2ppl Notice of Disapproval based on an The Board of Appeals will hear all Inspector's October 12,2012,Updated application for building permit for con- the code required minimum single side ' March 5, 2013 Notice of Disapproval pp g p yard setback of 10 feet,2)less than the persons or their representatives, desir- e based on an application for building per- and acstructcessory so a new single family dwelling code required minimum combined side ing to be heard at each hearing,and/or and accessory in-groundcodreswimming pool: desiring to submit written statements mit to demolish and construct new single 1 less than the code required minimum Yard setback of 25 feet,3)less than the family dwelling:1)less than the code re- ) q code required minimum rear and set- before the conclusion of each hearing. front yard setback of 35 feet,2)less than Y quired minimum rear yard setback of 35 the code required minimum rear yard back of 35 feet,4)more than the code Each hearing will not start earlier than designated above.Files are available for feet,located at:3145 Manhanset Avenue setback of 35 feet,3)more than the code permitted maximum lot coverage of review during regular business hours Greenport,NY.SCTM#1000-43-1-7 permitted maximum lot a of 20/o, 5) less than the code permitted 10:45 A.M. - DOUGLAS C. and p coverage bulkhead setback of 75 feet,located at: and prior to the day of the hearing.If KATHLEEN M. FOLTS #6536 - Re- 2001 4 proposed in a locatiory n other than ng 680 Rabbit Lane(adj.to Gardiners Bay) You have questions,please contact our Opened per Board Resolution -'Re- p p p East Marion,NY.SCTM#1000-31-18-15 office at, (631) 765-1809, or by email: the code required rear yard,located at: Vicki.Tbth@TbWn.Southold.ny.us. quest for Variance from Article XXII, 2:40 P.M.- ROBERT and DEANA 300 Fiddler Lane(corner Meadow Lane) Dated:March 11,2013 Code Section 280-116B and the Building FINORA#6642-Request for Variance Greenport,NY.SCTM#1000-36-2-10 ZONING BOARD OF APPEALS Inspector's February 11,2013,Notice of 1:50 P.M.-STEVEN and YVETTE A fr6m rticle III Code Section 280-15 LESLIE KANES WEISMAN,CHAIR. � Disapproval based on a building permit EINCZIG#6637-Request for Variance and the Building Inspector's February PERSON application for demolition and construc- 15,2013 Notice of Disapproval based on BY:Vicki Toth Article XXII Section 280-116 (B) and lessh a new single family dwelling,at: the Building Inspector's January 9,2013 an application for building permit a con- 54375 Main Road(Office Location) less than the code required riprap set- struct accessory building",at: accessory I back of 75 feet,Iodated at:90 Oak Street I Notice of Disapproval based on an ap- building is proposed in a location other 53095 Main Road(Mailing/IJSPS) (Harbor Lane) (adj. to East Creek plication for building permit for demo- than the code required rear yard,located P.O.Box 1179 a/k/a Eugene's-Creek) Cutchogue,NY. I.tion and reconstruction of an existing at:165 Orchard Street New Suffolk,NY I Southold,NY 11971-0959 single family_dwelling at; 1)"less than 11,122-lT 3/28 SCTM#1000-136-1-54 . — SCTM#1000-117-5-33 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson o���F S�Urif�l 53095 Main Road•P.O.Box 1179 Eric Dantes '` O Southold,NY 11971-0959 Office Location: Gerard P.Goehringer T Town Annex/First Floor,Capital One Bank George Horning ,�`�► • �O� 54375 Main Road(at Youngs Avenue) Ken Schneider ��yCUT`I Southold,NY 11971 http://sou'tholdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 May 6, 2013 Patricia Moore 51020 Main Road Southold,NY 11971 Re: ZBA Application#6550—Kimogenor Point(Bingham) Dear Ms. Moore: Transmitted for your record is a copy of the Board's May 2, 2013 AMENDED Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. If you have any questions,please call the office. Sincerely, 1 Vicki Toth Encl. Cc: Building Dept., Southold Town Trustees F� �r ����'a�"r-' � �'�`�•r� "+^,�; .-: �i"� 4''"...� �"'.�,�- ,x-,..s_ �" -T K'r r •.i.a 3+5�.., �k.S -r< ra"'>"„ '<FF^y- .�- T`"�¢ •� a r. --- LINE MATCH - LINE ----- -------- N3D6.s8z �1 1 FOR PCL.NO, m m SEE SEC.NO. V. 109-04-008.3 z . p . _ _ wl N. 9 ' 1 NoLD 0 GNa;5 Z K VV o �� i W one- i Y I b-- 1 C (S041vt � B � 1.1A(c) .9 .i,I tt n 10 I m UW O \ n § � m. ` .1 '� ,.sso• a 1'�8 u o a•. m \ IJ s?+• .n•�-/-"�.`I, �. I 1 1 3.S$D1A2 6.5A(C) 9! �i J 25.2 3.OA (C) .3 > 19 - . c 29h(.c. )17 21 251 a 9 .3A(c) 0 CASE RD. (aes)9 8 3 s�x P ,..�I-' -_.•soa, �: .`/ N\ s < 12-p 16.1 22.3 3.2A(c)r ` \ g m 7 e go e IQUTHOLD g 42 T. 5 06 0130 14 xro17 ACE"' •. � �.. � Y� ss no ua s us. m nr. 23\/ 1416.1 a'��\ 9 10.1 5.OA(c) ' 8 1.1A(c) .p .1A( .11 12 13 74 /� r` 3.8A(c R a 1.tA(c) 1.1A(c) 1.2A(C) 1.SA(c) 2.9A(c) z,Bs �' 8 18.1 N 15 17.1 ) 1.1A(c)ry 16 1.7A(c) S 15 u\ a" V 19.2 1 1.8A v e - `q. �zes t661 � 1.1Ac TOWN OF,SOUTHO PECONIC - r� `T -.J SEE SEC.NO.134 �C Pp 9Q 5 9A(e) � B \ n e M ry zeTnOB NOTICE S,0(8�y COUNTY OF SUFFOLK © E 109 TNOF SOUTHOLD SECTION NO WUNTENANOE.ALTERATION,SALE OR �d Real Property Tax Service Agency r DI STRIBUTION OFANYPORTION OF THE 116 11T SUFFOLK COUNTY TAX MAP IS PROHIBITED B County 116 Center Riverhead,N Y 11901 'e ,1S NLLAGE OF BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson \N V soUr�O 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. � � Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning • �OQ 54375 Main Road(at Youngs Avenue) Ken Schneider Ol�'C��II� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD 8'47 Tel.(631)765-1809-Fax(631)765-9064 NOv 22 1 2 FINDINGS,DELIBERATIONS AND DETERMINATI %outhold MEETING OF NOVEMBER 15,2012 Town Jerk ZBA FILE: 6550 AMENDED NAME OF APPLICANT: Kimogenor Point, Co. (Bingham) SCTM#1000-116-6-24.1 PROPERTY LOCATION: 50 Jackson Street,(adj.to.West Creek and Great Peconic Bay)New Suffolk,NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 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 6, 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated March 28, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well.as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. This LWRP recommendation was based upon an application for a total demolition and enlargement of the existing seasonal dwelling. The applicant subsequently withdrew that application and presented to the Board a Notice of Disapproval from the Building Department dated May 3, 2012 and Amended June 8, 2012 for I" and 2nd story enlargements and alterations to a seasonal dwelling, including the addition of central heating. Based upon this current application, the Board finds that the proposed action is CONSISTENT with LWRP policy standards and is therefore CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject parcel is located in the R-40 zone on 5.90 acres. It is improved with six (6) seasonal dwellings and a clubhouse and is one of the few remaining vestiges of the summer/seasonal communities created within the Town.prior to zoning and maintaining its pre-existing nonconforming status. The parcel has been owned by a real estate cooperative, Kimogenor Point Co., since 1915 with each individual homeowner owning a proportionate share of stock in the cooperative. It is located on a private right of way off of Jackson Street and has frontage on West Creek to the north and Great Peconic Bay to the south as shown on a site plan dated 4/26/12 prepared by Samuels& Steelman Architects. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123 and Article XXII Section 280-116 and the Building Inspector's January 19, 2012, Revised May 3, 2012 Notice of Disapproval, and Revised June 8, 2012 Notice of Disapproval based on an application for building permit for 15` and 2°d story enlargements and alterations to a seasonal dwelling at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2)less than the code required bulkhead setback of 75 feet. I i r 4 Page 2 of 4—November 1,2012 ZBA File#6550—Kimogenor Point CTM: 1000-116-6-24.1 i RELIEF REQUESTED: The applicant requests a variance to construct alterations and enlarge the first and second floors of a seasonal dwelling at a setback of 62.5 feet from a bulkhead where the code requires a 75 foot setback. Additionally the applicant plans to add central heating to the new dwelling and is requesting to continue the non- conforming use. AMENDED APPLICATION: During the public hearing on April 5, 2012, the Board asked the applicant's agent, to submit a use variance application in addition to the area variance request before the Board for a non-conforming bulkhead setback. The Board explained that the use variance application was necessary because the existing seasonal dwelling was proposed to be a total demolition with the construction of a new dwelling. This demolition would have extinguished the pre-existing non-confirming.status of the seasonal dwelling. At the public hearing on June 7, 2012,the applicant's agent abandoned the total demolition of the dwelling, and submitted a Revised Notice of Disapproval dated May 3, 2012, a site plan and floor plans showing that only approximately 50% of the dwelling would be demolished and then reconstructed with enlargements to the existing footprint. This change removed the need for consideration of a use variance request, and allowed the Board to proceed with the original area variance application. At the public hearing on June 7, 2012 the Board found inconsistencies in the architect/agent's testimony about the proposed bulkhead setback of 62.5 feet, and the Notice of Disapproval and the survey before the Board which cited 57.5 feet. The Board requested an amended survey and Revised Notice of Disapproval showing the proposed 62.5 feet bulkhead setback and elevations of the proposed dwelling,which were received by the Zoning Board on June 8, 2012 after the public hearing was closed. On July 5, 2012, the ZBA voted to approve the Amended application. i SECOND AMENDED APPLICATION: On September 5,2012,the Applicant's architect/agent submitted a letter to the ZBA indicating that the plans for the amended application to renovate and construct additions and alterations to the residence on the existing foundation, incorrectly identified the flood zone on the subject property as AE-6 instead of VE-8 which is the current FEMA flood map classification for Kimogenor Point. As a result, the existing foundation could not be utilized since FEMA would require that the residence be raised and constructed on pilings. This letter also requested that the ZBA Chairperson approve this change as de minimis in nature. On September 6, 2012, the ZBA Chairperson, after a public discussion with the ZBA at its September 6, 2012 Regular Meeting, notified the applicant that the proposed second amendment was not de minimis and required a new notice of disapproval from the Building Department,as well as a new application and formal review by the ZBA. Thereafter, and on September 24, 2012 an additional letter from applicant's attorney was received by the ZBA requesting that the Board reconsider its request for an approval of the change as a de minimis change. The letter states that the applicant could utilize helical piles/piers as opposed to timber pilings. Further, the applicant's.attorney sent another letter-to the ZBA dated September 25, 2012 reiterating the request and indicating that the applicant has applied to the New York State Building Codes examiner for a variance from the freeboard height requirement. On October 4, 2012, the ZBA responded to these letters and voted unanimously to re-open the public hearing for the sole purpose of taking testimony on the proposed construction method for the foundation and the preservation of the portions of the existing dwelling as discussed in the original July 5,/2012 decision. The public hearing was scheduled for November 1,2012 and the ZBA waived all associated fees. ADDITIONAL INFORMATION: A letter of support was received from the Kimogenor Point Company Board of Directors. At the November 1, 2012 public hearing the applicant stated that it preferred the installation of pilings which would require the lifting and temporary relocation of the residence. However, the applicant noted that the alternative use of helical piles would accomplish the same end and would not require the temporary relocation of the building. FINDINGS OF FACT/REASONS FOR BOARD ACTION: i i l ' I Page 3 of4—November 1,2012 ZBA File#6550—Kimogenor Point CTM: 1000-116-6-24.1 f The ZoningBoard of Appeals held public hearings on this application on April 5 2012 June 7 2012 and pP P g PP P November 1,2012 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: I.Amended Application: The ZBA has previously found that the temporary removal and relocation of a residence would result in the loss of any pre-existing nonconforming status retained by the building prior to its removal from a location (See ZBA#6198). The Applicant was made aware of this precedent at the public hearing and was notified that the installation of pilings, which requires the temporary relocation of the building, would trigger the loss of the pre-existing nonconforming status of the residence. As such, the ZBA finds that the applicant may proceed with helical piles as indicated in the amended plans submitted by the applicant on November 7, 2012 without disturbing the findings below. II. Variance Findings: 1. Town Law V67-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Kimogenor Point Company is a unique and rare community of 12 waterfront homes located on two parcels adjacent to each other with a total of 8.10 acres and has been in existence since 1915. Several of the seasonal dwellings on this property have been renovated and updated with heating. The location of this dwelling will not change and the bulkhead setback will remain the same. Many of the dwellings on the cooperatively owned property have non-conforming bulkhead setbacks. Additionally, the Board f finds that the proposed expansion of the existing footprint including porches and stairs, and is reasonable in relation to the size of other dwellings that have been renovated at Kimogener Point 2. Town Law M7-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. Since each of the dwellings in this community are non- conforming on a non-conforming parcel, any improvement would require a variance. Additionally, due to lot size, configuration and area of unbuildable land located on the parcel, the relocation of the residential structure to a conforming bulkhead setback is not feasible. 3. Town Law §267-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing 17% relief from the code from the existing bulkhead and is similar to other non-conforming bulkhead setbacks in the community. 4. Town Law 4267-b(3)(b)(4) According to the L)V"report dated March 28,2012,the requested variance may have an adverse impact on the physical or environmental conditions in the neighborhood because "the action is located in the VE Coastal Flood Zone characterized by high velocity waters generated by tidal surges and hurricane wave wash". However, \the upgraded septic system will conform to the Suffolk County Health Department regulations. Additionally, the applicant will be required to comply with Chapter 236 of the code regarding storm- water, grading, sanitary system, and drainage control. It is also noted that the applicant has approval for the proposed construction by the Southold Town Board of Trustees and the Department of Environmental Conservation. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the amended relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a renovated dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 4 of4—November 1,2012 ZBA File#6550—Kimogenor Point CTM: 1000-116-6-24.1 AMENDED RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing I test under New York Town Law 267-13, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer,and duly carried,to GRANT, the variance AS AMENDED, and shown on the drawings stamped received by the Board of Appeals on November 7, 2012 as follows: site plan dated 8/20/12 and by hand notation dated 11/7/12 as sheet 1, Foundation Plan w/Helical Piles hand dated 11/7/12, HelicaUSonotube Structural/Pile Foundation Section dated 7/15/11, North, South, East, and West Elevations hand dated 11/7/12 and floor plans dated site plan dated 4/26/12 as sheet 1 and floor plans sheet 2 prepared by Samuels& Steelman,Architects. Subject to the following conditions: Conditions: I 1. This variance is granted subject to review and approval by the Storm Water Management Officer for compliance with Chapter 236 of the Town code 2. Once the house is raised and secured above the existing foundation, the applicant or agent must call the Building Department to schedule an inspection to confirm that the amount of demolition will not exceed 75% of the structure, before additional construction commences. j 3. The applicant or agent must call the Building Department for a second inspection once the new foundation is in place and prior to lowering the house. 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'ofAppeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving non-conformities 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. Amended Vote of the Board: Ayes:Members Weisman(Chairperson), Goehringer,Dinizio.Absent were Members Schneider and Horning. This Resolution was duly adopted(3-0). f Leslie Kanes Weisman, Chairperson Approved for filing / o�d /2012 i S A f\/il U E L S & S T E E L M A N NOV November 7, 2012 AR® ®� 4ppF �C� Zoning Board of Appeals Town Hall Annex Southold, NY 11971 Re: RENOVATIONS & ADDITION TO THE BINGHAM RESIDENCE Kimogenor Point, New Suffolk, NY SCTM#1000-116-6-24.1 Attn: Leslie Kanes Weisman, Chairperson Enclosed please find materials requested at the still open public hearing on November 1, including the following: 1. Site Plan, w/current flood plan line 2. Foundation Plan, showing helical pilings 3. Building Elevations 4. Helical Piling Detail You will note that the first floor elevation is noted at a maximum.of +11 NAVD. This might be reduced to +9 NAVD if the NYSDOS grants us a variance from the otherwise required +2' "freeboard", which we have been led to expect from Mr. Richard Smith. Please let me know, as soon as possible, if you require additional information. Please complete your review of this application, close the hearing, and vote to approve this appeal. Respectfully yours, FINAL MAP Tom Samuels REVIEWED BY ZBA SEE DECISION # cc: Bingham, Pat Moore, Esq. DATED /,L ARCHITECTS 25235 MAIN ROAD CUTCHOGUE, NEW YORK 11935 (631)734-6405 FAX(631)734-6407 EVISI •� SITE Y�I]FLOOD ZONE S PTI PROFI .1sL6RP DAIA (N.T.S.) WEST PROPERTY: W JACKSON STOREWC. NA�r1WLRL NAGR NEW SUFFOLI(NY 11956 �AAL�tNA7NNYR CREEK S OWNER: MBWEST LANE NW LWA710N ilk"R = RIDGEFlELD,CT ISBl7 lNa7wx ,S BAD Z57,OIG.OISO FT.H-=5.90AC. DISTURBANCE B,506 S0.FT, D] I ZONING: Rio ,T1♦,A OC•remm R. O FLOOD: VEA O ZONE 1w O Ill NATNAN TAFT CORWIN I IVCL 3 EAST] PO BOX I6 W L NO! 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USE 1O'PILING .1y� IF B'NOT AVAILABLE. SEE SPECS. �d �JLC/j• 4'�j' I ,�,,y1� I • ________ __----____ i I b'DIAMETER T-PC.FILING,OR '1'"`�1 L__ __ _ ___ bxb POSTS FOR SUPPORT OF I i Q ___I____J ! Ih (I zb TR WD.FLUSH GIRDER STAIRS TO GRADE. INSTALLATION VERIFY (2)2xb TR.AD.FLUSH GIRDER h LOCATION PRIOR TO INSTALLATION A — — — = — -_-_--- ---- - -_-_-_ _-_-_- _-_-_- -_-_-_- b J Q m m I F�! I "1 NEW 2xbelb' I m WL000.YJI5T5 m I I I I � I 1 O I 1 LINE OF FRAMEDLERIO.WALL 1 1 (3)2x8 GIRDER I n B —_—_—_—_—_—_ _ MP—_—_ � PROVIDE INS BETWEEN 1 0575 PER.IrEOS. PROVIDE SOLID BLOCKING BETWEEN GIRDERS FOR SUPPORT OF POSTS ABOVE(TYP) I _ C I t PROVIDE DOUBLE FLOOR JOI5T5 I I I I I I V BELOW PREFAB.FIREPLACE 1 L,,,,1U� I L 6 ' I b v2• O I • I B /3•NN � I (3)2x8 GIRDER ___J F RACES F —_—_tPROVI BRACING BETWEEN P05T5 SPECS W I B TON CAPACITY HELICAL REINFORCED LONG.SONOTUBE, .JB%B PRESSURE TREATED POST. 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PROVIDE TWO(2)HINGED yj CRAWLS AGE 1�-------- UTI ITY 1 I I I li FOR TER SERVI E t SANITARY Y YYY ) PANELS FOR ACCESS 1 , (I F______ O I iLtA WASTE OUiF1.OW m Iml ml �i ^� II I�jl �'-0• B�• _-�--T--T--�--- � p -re 1 J 9AN1 FiAICED SMOOTH —_ (2Ytxl2 W9.GIRDER Am. E — — — — — — — — - - PI- - I , , 9'-I � 615• II � I Ili l l i LOCATION FOR BAR 3EQUE. PROVIDE I H11_1y,yJ-I II O I VALVE t PIPING FO t NATURAL GAS, r I J•f LOCATION FOR NATURAL GAS THIS LOCATION STAIRS TO GRADE FRAMED Wbxb i i b 2 113 1 1 i METER,111SHT TO CORNER ACO PO5T5,2xIO ACO CUT STRINGERS. - - � MAHOGANY TREADS t VER5ATEK PILING RI5ER5 t FACE FRAME B•N TREATED WOOD G I 9' i F i N L •��A P �mtnd*) -0' B'-4�VERIP( 6'-0' PROVIDE DECK AT GRADE OPERABLE PANELS A.4 AGO FRAME, FORTRAS i STORAGE. ENCLOSE LATTICE PANELS 1 VER IX SAT FACE SPACE UN1 ER STAIRS wMTTIGE .RE_ 1 E W E D BY-Z BA FRAME. PROVIDE S.S.DIAGONAL ` PANELSGABLE BRACE,GALV.HINGES t LATCH SEE DECISION # 55) DATEDFOUNDATION PLAN W/HELICAL PILES SCALE:114"=1•-0" .■in - n - - -_ - - - _ r r r.r •r r : r, ' i ' r : I •r rr I r r r r . u _ - WA SELL MIELE I ................... ................ .................... . :::::::::::::::..... ::::::::::::::::: ::::::::::::::::::::::::::::::::::::::: FINAL i /d REVIEWED BY ZBA DECISION # '/`! 010 Mom minI .00 ol ................ M A� P FINAL. , REVIEWED -BY ZBA SEE DECISION # .I,_0S6D DATED t I /—IT /20LI a. MINIM VMS Mimi MINIM WE] MINIM 101010 ■ ___ __ I I■I■I I■II - - ? w � M�Pll MOO 0 0 son on minis NO 111111111 :::::: ...... ..... ....... ............ .. "W �. 3 c O G O O L N . a. PLYWOOD SHEATHING x 6 STUD WALL v /4'FIN.FLOOR c 1 y"x 18 GA GALV. /a'PT PLYWOOD SUBFLOOR USTRAP W/5-10d --- -- -------------- G COMMON NAILS m EACH END @16"OC 2x10FJ co nm C 1 r-6i p SIMPSON H2.5 HURRICANE E 2-%4'M.B. CLIP AT ALL JOIST TO E GIRDER CON:TYP. 0 "MIN. N 2-3x12 PT GIRDER LL c co N 8 x 8 PT POST am 0 SIMPSON ABU88 GALV.POST BASE #3 REBAR STIRRUPS x 12"ANCHOR BOLT @ 6"O/C `'` ' (GALV.). EXTG.GRADE /\/\ \ 4-#5 REBAR� • '' p 6"x 6"x%"STEEL PLATE T WELDED TO SLEEVE ° •'` ' s w �1'-4 w 16"DIAM. 0- SONOTUBE 2 7/e"o SHAFT J O (n Z_ HELICAL PILE 8 TON M _ CAPACITY-S.W.L. �n M/'h I-) FOUNDATION SECTION REVI %"J _ Y ZB SCALE: 1/2"=1'-0" SEED CISi"m # ATE /l 1 15 /oPO1 "ATE:G7.1 811 8AT�� HELICAL/SONOTUBE OF 1 9"EEf c"`E'�`°� STRUCTURAL/PILEFOUNDATIONS BATE REM— BY v) c 0 c� c 0 m TYPICAL SPLICE DETAIL p_ 4-3/4" DIA. MACHINE BOLTS ca W/FENDER WASHERS. STAGGER SPLICE TYPICAL INTERMEDIATE CONNECTION 2" 2" 2-3/4" DIA. MACHINE BOLTS 3 X 12 GIRDER W/FENDER WASHERS - II II71 c 2 2 m U c rn .N lo LEA— m c cy PROVIDE FIRM FIT FOR ° E GIRDER SEAT ON POST 0 U U) MIN. SLOPE 12 as 8 x 8 PT POST 6 4"x 6"TIMBER BRACE E 0 3/4" DIA. MACHINE BOLT W/FENDER WASHERS (TYP.) GRADE '// 16"DIAM. SONOTLIBE ALL HARDWARE TO BE HDG HELICAL PILE 8 TON CAPACITY-S.W.L. TYPICAL CROSS BRACE PARALLEL TO GIRDE NO SCALE FINAL MAP SEE DECISION # 550 _ �MATED /I ---- AAVN:EO HELICAL/ BRACE GATE:OT.I5,11 SCALE AS NOTED OF I SHEET STRUCTURAL/PILEFOUNDATIO NS DATE REVISIONS BY 5 7q vi c 0 c� c 0 LL 2 'a_ SIMPSON H2.5A HURRICANE TIE AT ALL co JOIST TO GIRDER CONNECTIONS(TYP) 1„ - - - - 221— — 22 - - - - - - m c TYPICAL FLOOR JOIST a� U — — — — — — — — — — — — — — — — — — — — — c 3 x 12 GIRDER .0 m o = MIN. SLOPE 4"x 6"TIMBER E 12 BRACE (TYP) PROVIDE FIRM FIT FOR 0 6 GIRDER SEAT ON PILE m LL- %4"DIA MACHINE 00, BOLTS w/FENDER J 6 x 6 PT POST WASHERS (TYP) m E 0 0 O %" DIA MACHINE BOLT W/ FENDER WASHERS AND GRADE TIMBER SPACER(TYP) 'f XX CROSS BRACES TO BE SETAT 45' IF POSSIBLE (6 ON 12 MIN SLOPE) 16"DIAM. SONOTUBE ALL HARDWARE TO BE HDG HELICAL PILE 8 TON CAPACITY-S.W.L. TYPICAL CROSS BRACE PERPENDICULAR TO GIRDIf R--- NO SCALE XINAl MAP .REVIEWED BY ZBA SEE DECIS10•N # 66'0 DATED SHEET ORAWN:EO HELICAL/ BRACE DATE'0].15.11 SCALE AS NOTED STRUCTURAL/PILEFOUNDATIONS OF 1 SNEE GATE REVISIONS BY I BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson *oF$o(/j 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. .1� Office Location: Gerard P.Goehringer = Town Annex/First Floor,Capital One Bank George Horning • �OQ 54375 Main Road(at Youngs Avenue) Ken Schneider Olif'C�U Southold,NY 11971 http://southoldtown.northfork.net. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 October 4, 2012 Patricia C.Moore 51020 Main Road Southold,New York 11971 Re: de minimis request,Application#6550-Bingham and Kimogenor Point Dear Ms. Moore: I am in receipt of your letters dated September 24,2012 and September 25,2012 with attached foundation plans requesting a de minimis determination related to changes proposed to the Bingham residence foundation and compliance with FEMA requirements in the VE-8 Zone. I placed your request on the Zoning Board's October 4,2012 Regular Meeting agenda, and, after a thorough review and discussion by Members of the Board of Appeals,the Board voted unanimously to re- open the public hearing for the sole purpose of taking testimony on the proposed construction method for the foundation and the preservation of portions of the existing dwelling as described and granted in the decision referenced above. Your appeal has been scheduled for the November 1,2012 Regular Meeting at 1 OAM.As a courtesy I have authorized the waiver of any related fees by our office; however it will be necessary for you to re-notice and re-post for the November hearing. If our office can be of assistance,please do not hesitate to contact us. Si nery, Leslie Kanes Weisman Chairperson/Department Head CC: Building Dept. Thomas Samuels, Samuels & Steelman Architects v BOARD MEMBERS Southold Town Hall. Leslie Kanes Weisman,Chairperson �*0f $OUryo 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer �, ar Town Annex/First Floor,Capital One Bank ellGeorge Horning • �OQ 54375 Main Road(at Youngs Avenue) Ken Schneider lif'COU Southold,NY 11971 ON http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 September 6,2012 Thomas Samuels Samuels & Steelman Architects 25235 Main Road Cutchogue,NY 11935 Re: de minimis request, Application#6550-Kimogenor Point Dear Mr. Samuels: I am in receipt of your letter dated September 5,2012 with attached architectural plans stating that your original application to renovate and construct additions and alterations to the Bingham residence on the existing foundation as permitted in the AE-6 Zone must now be constructed on pilings which will increase the height of the dwelling to+11 NVAD, per FEMA requirements in the VE-8 Zone. I thoroughly reviewed your new proposal and placed it on the Zoning Board's September 6, 2012 Regular Meeting agenda, as per your request.Your proposed new construction is not de minimis in nature relative to the basis upon which the Board reached its decision. Therefore your request is denied. Should you decide to go forward with your revised plan to renovate and expand the Bingham's existing dwelling,you will have to go to the Building Department to obtain a new Notice of Disapproval and then re-apply to the Zoning Board. If our office can be of assistance,please do not hesitate to contact us. Si erel Leslie Kanes Weisman Chairperson/Department Head I Cc: Building Dept. PATRICIA C. MOORE " Attorney at Law 51`020 Main Road. Southold,.New York 11971 Tel:(631)765=4330 Fax:,(031)765-4643 pemoore@mooreattys:com September 25, 2012 Leslie Kanes Weisman, Chairperson Zoning Board of Appeals 53095 Main Road, P.O.Box 117.9 Southold, NY 11971 RE:.Application#6550 Bingham & Kimogenor.Point Dear Ms. Weisman and Board: was advised by Mike Verity, Building Inspector., that he spoke to Richard Smith, New York State Building Codes examiner, and it is likely that Mr. Smith would consider a State Building Code Variance from "freeboard height". Tom Samuels is immediately preparing the N.Y.State variance application. Based on Mr. Smith's informal review, we believe that the variance will be granted by the State, however, we will not.know the decision for some time. In accordance with my letter to you dated September 24, 2012 we would respectfully request that you reconsider the request for"diminimus change" to the above variance based on the plans, without the N.Y. State Variance, in order to enable the,,project to move forward. We will provide to you a copy of the N.Y.State variance application and Mr. Verity will provide both you and Tom Samuels the permit number from the State. If the N.Y.State Variance is granted by Richard Smith„ the two foot "freeboard height" would not be required, the plans would. be more conforming to Appeal #6550. Whether the freeboard height is applicable or not, there is a compelling case for d'iminimus change to the plans from.AE-6 to VE-8. Very truly yours, (— ---Pitricia C. Moore cc: Mike Verity, Building Inspector by 1 J PATRICIA C. MOORE RECEIVED /l 1 Attorney at Law �V 51020 Main Road SEP 2 4 241z ��5 Southold,New York 11971 Tel:(631)765-4330 BOARD OF APPEALS Fax:(631)765-4643 pcmoore@mooreattys.com September 24, 2012 Leslie Kanes Weisman, Chairperson Zoning Board of Appeals-Town of Southold 53095.Main Road P.O.Box1179 Southold, NY 11971 RE: Application.#6550 Bingham & Kimogenor Point Dear Ms. Weisman and Board: We respectfully request that you reconsider the request for"diminimus change" to the above variance based on the attached plans. As you know the FEMA map affecting the Kimogenor Point property was changed from an AE-6 to.a VE-8:. The architect's plans incorrectly identified the flood zone as AE-6, however, in your findings of fact the Board correctly noted that "the action is located in the VE Coastal Flood Zone characterized by high velocity waters generated by tidal surges and hurricane wave wash". Furthermore, as you know, the New York State Building Code requires a two foot "freeboard height in the VE-8 zone. It would appear from the Board's decision that this issue was accurately identified, considered by the Board, and was a basis of your decision. On September 5, 2012 Mr. Samuels presented a request to replace the foundation with pilings, you responded on September 6, 2012 that this change could not be considered diminimus. However, an alternative to the timber piles is available; helical piles/piers, which is more costly to the owner, but results in minimal disturbance to the existing house and property. While the existing homes in Kimogenor Point which have been renovated comply with the AE-6 flood zone, future renovations.of the existing homes will need to comply with VE-8. The proposed change to the foundation should be considered diminimus, the building inspectors have issued building permits for foundation replacements necessitated by FEMA regulations and have testified before your Board that foundation replacements alone do not result in a need for a variance. See 6reezy Shores area and use variances. RECEIVED Leslie Kanes Weisman, Chairperson SEP 2-4 202 Zoning Board of Appeals September 24, 2012 BOARD OF fir''' Page 2 Application #6550 Bingham & Kimogenor Point Moreover, since the above decision was issued, the town code now defines renovation to be less-than 75% of demolition of the dwelling. As was determined in the Board's decision, only 50% of"the existing house will be demolished. The foundation replacement, if considered part.of the:percentage of demolition, remains as "renovation" because all work will be'less:than the.code.required (75%0). ln'conclusion, the basis of the variance has not changed;; the existing house will be renovated. The original plans included compliance with FEMA regulations, and the Board accurately found that the VE flood zone was applicable. As a matter of Caw, the New York State Building Code unavoidably requires compliance with the additional 2 feet (freeboard height),. have attached a print of the revised foundation%plan prepared by Samuels & Steelman with the helical screws. The house is lifted in place, these large screws are twisted into the ground without the need for pile driver. The installation of helical screws is performed by Marine Contractors. In the alternative; we would respectfully request that you re-open the variance appeal in order to correct the architectural drawings. There are no other anticipated changes to the plan, the same findings of fact and reasons for the Board's Action remain the same. Thank you. Very t:al urs, LPatr�iaC. Moore c: Mike Verity, Building. Inspector S A M U E L S & S T E E L M A N September 5, 2012 RECEIVED Zoning Board of Appeals SEP 5 7(?�7 Town Hall Annex Southold, NY 11971 130ARD OF APPEALS Re: Application #6550 Kimogenor Point Company Attn: Leslie Kanes Weisman, Chairperson The above referenced application was approved on July 5, 2012. Since that time, in application to the Building Department, it was noted that the Bingham Residence, and the entire line of houses in Kimogenor Point facing Peconic Bay, are in the VE-8 Zone, not the AE-6 zone they had previously been located in. By FEMA regulations, the house will therefore have to be constructed on timber pilings, instead of the masonry foundation shown on our Construction Documents. The first floor elevation will also be increased to the required height of+11 NAVD. In all other ways, the plans will remain the same. We believe that this change is de minimus to your approval, which was concerned with the setback to the existing bulkhead and a modest increase in the size of the footprint. This proposed change does not affect the character of the community in any significant way. Could you please be so kind as to discuss this with the ZBA members, and, presumably, confirm it in the form of a letter to me? Leslie, time is of the essence in this matter, as it has been our intention to begin construction this month, or at latest next. I understand you will be unavailable for a period of time, and would sincerely appreciate your willingness to address this matter before you leave. Thank you so much for your assistance, Best personal regards, Tom Samuels ARCHITECTS 25235 MAIN ROAD CUTCHOGUE,NEW YORK 11935 (631)734-6405 FAX(631)734-6407 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��0f so yo 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning • �O 54375 Main Road(at Youngs Avenue) Ken Schneider COMM 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, NOVEMBER 1, 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, 53096 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, NOVEMBER 1, 2012: 10:00 A.M. - KIMOGENOR POINT, INC. (BINGHAM) -#6550 — Re-opened by Resolution for the sole purpose of reviewing the proposed construction method for the foundation and the preservation of portions of the existing dwelling as described and granted in the original decision #6550, located at: 50 Jackson Street New Suffolk, NY. SCTM#1000-116- 6-24.1 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.ny.us Dated: October 17, 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 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, 1 st Floor .54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net October 9, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,November 1, 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 October 15t": 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 October 22nd: 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 October October 24t" 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 October 30, 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 Board of Appeals at Town Nall , 53095 Main Road, Southold: NAME : KI 'MOGENOR PT . # 6550 ( BINGHAIM ) SCTM # : I 000= 1 16=6=24 . 1 VARIANCE : CONSTRUCTION METHODS REQUEST: RELIEF FROM ZBA DECISION DATE : THURS . , NOV. 1 , 2012 10000 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765- 1809 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson *0 so yo 53095 Main Road•P.O.Box 1179 h0 1p James Dinizio,Jr. Southold,NY 11971-0959 � � Office Location: Gerard P.Goehringer Q Town Annex/First Floor,Capital One Bank George Horning ,'mac► • a0 54375 Main Road(at Youngs Avenue) Ken Schneider ��yCOUNTY Southold,NY 11971 http:/isoutholdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 November 19,2012 Tom Samuels 25235 Main Road Cutchogue,NY 11935 RE: ZBA Application#6550, Kimogenor Point(Bingham) Dear Mr. Thomas: Transmitted for your records is a copy of the Board's November 15, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincer y, Vicki Toth Encl. Cc: Building Dept. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK --------------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT KIMOGENOR POINT INC (BINGHAM) OF #6550 MAILING (Name of Applicant) CTM Parcel # 1000-116-6-24.1 --------------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the15th of October, 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. SignatuF' ERK ) ETSY TH Sworn to before me this J day of October, 2012 f (No ary Public) ` MARGARET C. RUTKOWSKI Notary Public,State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, aO�S` v / �� #10905 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 25th day of October, 2012. za-4x4h-1 Principal Clerk Sworn to before,me this day of 2012. LEGAL NOTICE on an application for building permit SOUTHOLD TOWN ZONING to construct an addition to an existing " BOARD OF APPEALS . I accessory building at:1)more than-the THURSDAY NOVEMBER 1 2012 code permitted maximum height of 22 PUBLIC HEARINGS Ifeet,2) more than the code permitted NOTICE IS HEREBY GIVEN,pur- square footage of 3%maximum7located suant to Section 267 of the Town Law and at:1700 Park Avenue(adj.to Great Pe- «<•fff//J Town Code Chapter 280(Zoning),Town conic Bay)Mattituck,NY.SCTM#1000- CHRISTINA VOLINSKI Of Southold,the following public hear- 123-8-5 ings will,be held by the SOUTHOLD 11:15A.M.—DIANEB.RYAN#6601 NOTARY PUBLIC-STATE OF NEW YORK TOWN ZONING BOARD OF AP- - Request for Variance from Article NO. 01 V06105050 PEALS at the Town Hall,53095 Main XXIII Section 280-124 and the Building Road, P.O. Box 1179, Southold, New Inspector's September 18,2012 Notice of Auallfled In Suffolk County York 11971-0959,on THURSDAY NOW Disapproval based on an application for MY Conlmisslon Expires February 28, 2016 VEMRF�?01 building permit for partial demolition 10:00 A.M.-KIMOGENOR POINT and,additions/alterations to an existing INC.(BINGHAMI #6550—Re-opened single family seasonal dwelling at:1)less by Resolution for the sole purpose of than the code required front yard set- reviewing the- proposed construction back of 40 feet,both"streets on this cor- method for the foundation and the ner lot,located at:320 Fleetwood Road preservation of portions of the exist- (corner Hamilton Avenue) Cutchogue, _ ing dwelling as described and granted NY SCTM#1000-110-4-13 11:3 in the original decision #6550, located 0 A.M.—DAVH)K Horton Road)Cutchogue,NY.SC I'M#'sORCHIN and at:50 Jackson Street New Suffolk,NY. JOAN RENTZ#6604-Request for Vari- 1000-104-2-24&23 SCTM#1000-116-6-24.1 antes from Article XXIII Section 280- 1:20 P.M.-BEE-HIVE DEVELOP. 10.30 A.M.—MICHAEL and DEB- 124 and the Building Inspector's Jul 27 MENT CORP.#6605-.Request for Vari- The Board of Appeals will hear all RA THOMPSON#6600- Request for p y ance from Article XXII, Section 280- I persons or their representatives, desir- 2012,updated October 4,2012 Notice of 116(%based on the Building Inspector's ing to be heard at each hearing,,and/or Variance from Article XXIII Section Disapproval based on an application for August 14,2012 Notice of Disapproval. desiring to submit written statements September and the Building Inspector's i building permit'for"as built"shed and concerning an application for construc- _ before the conclusion of each hearing. September 20, 2012 Notice of Disap- deck addition to an existing-single fam- tion of a new single family dwelling at: g will not start earlier than proval based on an application for build- ily dwelling at:1)less than the code-re- g Each aced a ing permit for partial demolition and quired minimum side yard setback of 10 I; 1)less than the code-required minimum designated above.Files are available for second story re-construction to an exist- feet;2)less than the code required rear setback of 75 feet from a bulkhead,lo- review during regular business hours ing single family dwelling at:1)less than q cated at; 400 Old Cove Blvd. (corner and prior to the day of the hearing.If yard setback of 35 feet,located at:2085 Beverly Rd.)"(adj. to Arshamomaque you have questions,please contact our the code required minimum side yard Bay Avenue(adj.to Marion Lake)East Pond aka Mill Creek) Southold, NY. office at, (631) 765-1809, or by email: setback of 15 feet,2)less than the code Marion,NY.SCTM#1000-31-17-3 f SCTM#1000-52-2-14 Vicki-Toth@Town-Southold.ny.us. required combined`side yard setbacks 1:00 EM. — JOSEPH M. MELLY of 35 feet,located at:9280 Nassau Point #6603-This is a request for a Waiver of L•40 EM.—MICHAEL and EMILY Dated:October 17,2012 Road(adj.to Peconic"Bay) Cutchogue, Merger under Article II, Section 280- KAVOURIAS#6606-Request for Vari- ZONING BOARD OF APPEALS NY.SCTM#1000-118-6-6 10A,to unmergedand identified as SCTM I ance from Article XXIII Section 280-124 LESLIE KANES WEISMAN,CHAIR- NY A.M.—EMILIA and ILYA KA= #1000-104-2-24, based on the Building and the Building Inspector's October 2, PERSON BAKOV#6602-Request for Variances Inspector's June 14,2012,updated Se g 2012 Notice of Disapproval based on BY.Vicki Toth from Article III Section 280-15(B&C) tember 10 2012 Notice of Disapproval,,.. an application for building permit for 54375 Main Road(Office Location) which states ad p additions and alterations to an exist- 53095 Main Road(Mailing/IJSPS) and the Building Inspector's September joining conforming. or , ing dwelling at: -less than the cods 24, 2012 Notice of Disapproval based nonconforming lots held in common P.O.Box 1179required front yard setback of 40 feet, Southold,NY 11971-0959 ownership shall merge until the total lot both streets on this corner lot,located at: _ size conforms to the current bulk sched- 10. 5-1T 10/25 ule(minimum 40,000 square feet-in this 1240 Inlet Drive(corner Miriam Road) R-40 Residential Zone District)this lot Mattituck,NY SCTM#1000-99-2-6 is merged with lot 1000-104-2-23,located at:1375 and 1475 Sterling Road(corner L k,l.V OGENOR POINT INC (BINGHAM) r - NEIGHBOR MAILING LIST �O SCTM: 1000-116-6-24.1 TOWN OF SOUTHOLD KIMOGENOR POINT CO. PO BOX 1179 ATTN: WM. ARCHER SOUTHOLD NY 11971 29 GREEN MEADOW LANE SCTM; 1000-116-6-22.2 HUNTINGTON NY 11743 SCTM: 1000-117-10-1 ERNEST CASE & OTHERS KIMOGENOR POINT CO. PO BOX 285 ATTN: WM. ARCHER CUTCHOGUE NY 11935 29 GREEN MEADOW LANE SCTM: 1000-116-6-21.1 HUNTINGTON NY 11743 SCTM: 1060-117-9-1 TOM WICKHAM & OTHERS PO BOX 928 CUTCHOGUE NY 11935 SCTM: 1000-116-3-16.1 RECEIPT RECEIPT RECEIPT i RECEIPT RECEIPT 7192 6463 3110 0001 3386 7192 6463 3110 0001 3379 7192 6463 3110 0001 3393 7192 6463 3110 0001 3409 ;ff 7192 6463 3110 0001 3416 FROM: FROM: FROM: FROM: FROM: I I MOORE LAW OFFICE MOORE LAW OFFICE MOORE LAW OFFICE MOORE LAW OFFICE MOORE LAW OFFICE RE:KIMOGENOR PT ZBA RE:KIMOGENOR PT ZBA RE:KIMOGENOR PT ZBA RE:KIMOGENOR PT ZBA RE:KIMOGENOR PT ZBA 9 ----�., _ SEND TO: I SEND TO: t O: — / SEND,,, 0�--© A� SEND T SEND n p�� }' R P,1 ti ERNEST CASE&OTHERS t fyM6&NOR POINT'CO KINdO C�F��OINT.,CO. T OF SOUTHOLD, TOM W�lC6AM&OTF{ERS TTN:WM.ARCHER }, d ARCHER,' pd.BOX 1179 p, PO BOX 285 I PO BOX'928 -P ti, ` CUTCHOGUE NY 11935 I 9 GREEN MEADOW LANE 29 REEN MEADOW CANE i /bZOLD NY 11971 CUT<CHOGUE NY 11935 J HUNTINGTON NY 11743 1 HUNTI fTON-NX iy1743 LEESP�l j fV �1 14 ?L. J . FEES -�'�- FEE FEES: FEES-0 '` i : I ��, ' 045 ; i t 'Postage 45 Postage 0 45`" pcsta a Ot45- i'�Postage 4 Pos age 0.45 -- Return R ceipl �3 wr 2.35 12.35 Restricted ee_ 2.95 . ? - CeRaif ed Fee 2.95 Ce fed Fee �2.95 Return ecefpt i.( 2. 5 Certit exd Fee 2.95 Certified Fee 2.95 / > Return Receipt 2.35 Return Receir I Return Receipt L�r��.yy Restricted 13e tricted i I r ,• Res ricted• s_ f r Restricted 1 TOTAL $5.7 J 'TOTAL $5.75 TOTAL $5.75 TOTAL _ $5.75 ` TOTAL $5.75 ( POSTIV�l�RK 9R-DATE POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE POSTMARK OR DATE ' I :KOORE LtW,',^Oi�"� C 4. Restricted Delivery? 3.Service Type i 51020 MAtN aD' i SO U T kOt D it"' G 9t71 (Extra Fee Yes CERTIFIED 2. Article Number I 1 7192 6463 3110 0001 3379 A. Si ture: ( Addresse or OAgent) I I I �IIII� I��IIIII Illll�ll B. Rec Ived By: (Please Print Clearly) 7],,9.,,2;_ 6463 3110 0001 3379 iI C.Date of Delivery 1. Article Addressed To: i KIMO'GC.N.OR POINT CO. D.Addressee'sAddress(uDlaamdtFmmAddmsst/.radbysendarl f ATTN: -WM. ARCHER 29 GREEN MEADOW LANE Secondary Address/sulfa/Apt./Floor(Please Print Clearly) H U N T I N G T O N NY 11743 .. "--------"-------_..'----------------------------------------------- Delivery Address -----------• State::": Code Ir ,a P� RE LAW OFFICE 4. Restricted Delivery? 3.Service Type ', ".i 020 MAIN ROAD -SOUTHOLD NY 11971 (Extra Fee) El Yes CERTIFIED I 2. Article Number I � --- 7192 6463 3110 0001 3386 I ' A. Signs e: (OAddress orOAgent) ff �I>I JIL. r B. Recel tl By. (Please Print Cle rly) I 7192 6463 3110 000:1,;_'3386 C.Date of Delivery 1. Article Addressed To: II D.Addressee's Address(l/DiflerentFmmAddmssUsedbySende0 K I M 0 G+.ic N O R POINT CO. II ATTP3: WM. ARCHER fI Secondary-Addl'ess/SWte%-Apt.T Floor-(Please-Pririf-C%arly) 29 GREEN MEADOW LANE HUNTINGTON NY 11743 iDelivery Address..................................................... 4 C.................................... -- ` -•ty : State P+ZI4 MOORE LAW OFFICE 4. Restricted Delivery? 3.Service Type T 51020 MAIN ROAD SOUTHOLD NY 11971 (Extra Fee) Yes CERTIFIED 2. Article Number 7192 6463 3110 0001 3393 I.I i l A. nature: (❑ ressee or gent) X;d I l7 C,OJ[, :I �II 1101111 I�Illl�l llll�ll 1 IIIII I � 'B. Receive11 � d By: /ease Print Clearly ], 2 6463 3110 0001 3393 �l I ) C.Date of Delivery tT rticle .dgressed To: i 4 ddrassUsedb.Se"n TOWN/OF SOUTHOLD D.Addressee's Address(IrD/NomntFmmAder).. .. `` OX 1179 SOUTHOLD NY 11971 Secondary Address%Suite%-qpt.•%Floor(Please Print Clearly) I' ' 1 Delivery Address City .-- State- -----------_Z_I P_______________ I +4 Code ' 1 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK 5J ------------------=--------------------------------------------x In the Matter of the Application of AFFIDAVIT OF KIMOGENOR POINT INC (BINGHAM) SIGN POSTING #6550 Regarding Posting of Sign Upon Applicant's Land Identified as 1000-116-6-24.1 ---------------------------------------------------------------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 the�day of October, 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 I 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, November 1, 2012. C. Moore Sworn to before me this day of October, 2012 BETSY A.PERKINS Notary Public,State of New York No.01PE6130636 o r Qualified in Suffolk Gount�L3 Commission Expires July *near the entrance or driveway entrance of the property, as the area most visible to passersby. CE 4. Restricted Delivery? 3.Service Type f ► 51020 MAfV'? KOA't5 (Extra Fee)' Yes: CERTIFIED } SOUTHOLD NY: .11977; 2. Article Number 7192 6463 3110 0001 3416 ► ! A. Sig na e: (OAddressee or OAgent) IIIIII� �il�ll I��III �IBI� B. Received By: (Please Print Clearly) 7192 6463. 3110 0001 3 416 ► 1. Article Addressed To: C.Date of Deli t Zo/z- t TOM WICKHAM & OTHERS ►' jD.Addressee's Address Mffb sntFromAddress UsedbySende) PO BOX 928 I CUTCHOGUE NY lk- 35 j -Secdadary Address/Suite I Apt.I Floor(Please Print Clearly) y' '"' I II .___----_-_. �i Delivery Address .:......:....:.... . ,. State Z IP City . . T 4.Restricted Delivery? 3.Service Type ► MOORE LAW OFFIC CERTIFIED 51020 MAIN � , ROAD ,.(ExtraFee), Yes , - ; SOUTHOLD NY 1'1971': . . ' ► 2. Article Number ► 7192 6463 3110 0001 3409 • I IIII III ► IIII II�I � ll ;.I A. Signature: (l7Addressee or❑Agent) �III IIII I�II�I , I IIIIII I B. Received By: (Please Print Clearly) 7192 6463 3110 0001 3409 '.l � I ' C.Date of Delivery 1. Article Addressed To: i j ERNEST CASE & OTHERS a ► D.Addressee's Address QIDxemntFmmAddmssUsedbySender PO BOX 285 ;► CUTCHOGUE NY 11935 ► Secondary Address I Suite I Apt.I Floor(Please Print Clear y ► --•--------------------------------------------------------•------------•-------_-- iDe livery Address •••' 'ZIP•-- f 4 Code' r CtY�. J_ BOARD MEMBERS �DF SO Southold Town Hall Leslie Kanes Weisman,Chairperson o !/r�,l 53095 Main Road •P.O.Box 1179 � � h O Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P. Goehringer N ac Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Ken Schneider �yCOWN Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS IV D TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 JUL 1 3 2012 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JULY 5,2012 ZBA FILE: 6550 NAME OF APPLICANT: Kimogenor Point, Co. (Bingham) SCTM#1000-116-6-24.1 PROPERTY LOCATION: 50 Jackson Street, (adj. to West Creek and Great Peconic Bay)New Suffolk,NY 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 I1 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 6, 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated March 28, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards -and therefore is INCONSISTENT with the LWRP. This LWRP recommendation was based upon an application for W a total demolition and enlargement of the existing seasonal dwelling. The applicant subsequently withdrew that application and presented to the Board a Notice of Disapproval from the Building Department dated May 3, 2012 and Amended June 8, 2012 for Is' and 2nd story enlargements and alterations to a seasonal dwelling, including the addition of central heating. Based upon this current application, the Board finds that the proposed action is CONSISTENT with LWRP policy standards and is therefore CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The subject parcel is located in'the R-40 zone on 5.90 acres. It is improved with six (6) seasonal dwellings and a clubhouse and is one of the few remaining vestiges of the summer/seasonal communities.created within the Town prior to zoning and maintaining its pre-existing nonconforming status. The parcel has been owned by a real estate cooperative, Kimogenor Point Co., since 1915 with each individual homeowner owning a proportionate share of stock in the cooperative. It is located on a private right of way off of Jackson Street and has frontage on West Creek to the north and Great Peconic Bay to the south as shown on a site plan dated 4/26/12 prepared by Samuels& Steelman Architects. BASIS OF APPLICATION: Request for Variances from Article XXIII Code Section 280-123 and Article XXII Section 280-116 and the Building Inspector's January 19, 2012, Revised May 3, 2012 Notice of Disapproval, and Revised June 8, 2012 Notice of Disapproval based on an application for building permit for I" and 2nd story enlargements and alterations to a seasonal dwelling at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2)less than the code required bulkhead setback of 75 feet. r Page 2 of 3—July 5,2012 ZBA File#6550—Kimogenor Point CTM: 1000-116-6-24.1 RELIEF REQUESTED: The applicant requests a variance to construct alterations and enlarge the first and second floors of a seasonal dwelling at a setback of 62.5 feet from a bulkhead where the code requires a 75 foot setback. Additionally the applicant plans to add central heating to the new dwelling and is requesting to continue the non- conforming use. AMENDED APPLICATION: During the public hearing on April 5, 2012, the Board asked the applicant's agent, to submit a use variance application in addition to the area variance request before the Board for a non-conforming bulkhead setback. The Board explained that the use variance application was necessary because the existing seasonal dwelling was proposed to be a total demolition with the construction of a new dwelling. This demolition would have extinguished the pre-existing non-confirming status of the seasonal dwelling. At the public hearing on June 7, 2012,the applicant's agent abandoned the total demolition of the dwelling, and submitted a Revised Notice of Disapproval dated May 3, 2012, a site plan and floor plans showing that only approximately 50% of the dwelling would be demolished and then reconstructed with enlargements to the existing footprint. This change removed the need for consideration of a use variance request, and allowed-the Board to proceed with the original area variance application. At the public hearing on June 7, 2012 the Board found inconsistencies in the architect/agent's testimony about the proposed bulkhead setback of 62.5 feet, and the Notice of Disapproval and the survey before the Board which cited 57.5 feet. The Board requested an amended survey and Revised Notice of Disapproval showing the proposed 62.5 feet bulkhead setback and elevations of the proposed dwelling,which were received by the Zoning Board on June 8,2012 after the public hearing was closed. ADDITIONAL INFORMATION: A letter of support was received from the Kimogenor Point Company Board of Directors. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on April 5,2012 and June 7, 2012 at which I 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 Endings: 1. Town Law V67-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of f the neighborhood or a detriment to nearby properties. Kimogenor Point Company is a unique and rare community f of 12 waterfront homes located on two parcels adjacent to each other with a total of 8.10 acres and has been in existence since 1915. Several of the seasonal dwellings on this property have been renovated and updated with heating. The location of this dwelling will not change and the bulkhead setback will remain the same. Many of the dwellings on the cooperatively owned property have non-conforming bulkhead setbacks. Additionally, the Board finds that the proposed expansion of the existing footprint including porches and stairs, and is reasonable in relation to the size of other dwellings that have been renovated at Kimogener Point 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. Since each of the dwellings in this community are non- conforming on a non-conforming parcel, any improvement would require a variance. Additionally, due to lot size, configuration and area of unbuildable land located on the parcel, the relocation of the residential structure to a conforming bulkhead setback is not feasible. 3. Town Law $267-b(3)(b)(3). The variance granted herein is not mathematically substantial, representing 17% j relief from the code from the existing bulkhead and is similar to other non-conforming bulkhead setbacks in the community. ! 4. Town Law &267-b(3)(b)(4) According to the LWRP report dated March 28,2012, the requested variance may have an adverse impact on the physical or environmental conditions in the neighborhood because "the action is located in the VE Coastal Flood Zone characterized by high velocity waters generated by tidal surges and hurricane i t Page 3 of 3—July 5,2012 ZBA File#6550—Kimogenor Point CTM: 1000-116-6-24.1 wave wash". However, \the upgraded septic system will conform to the Suffolk County Health Department regulations. Additionally, the applicant will be required to comply with Chapter 236 of the code regarding storm- water, grading, sanitary system, and drainage control. It is also noted that the applicant has approval for the proposed construction by the Southold Town Board of Trustees and the Department of Environmental Conservation. 5. Town Law §267-b(3)(b)(5h The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the amended relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a renovated 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 267-13, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried,to GRANT, the variance AS AMENDED, and shown on the drawings stamped received by the Board of Appeals June 8, 2012 as follows: site plan dated 4/26/12 as sheet 1 and floor plans sheet 2, ,and elevations sheet#4 prepared by Samuels & Steelman,Architects. Subject to the following condition, Condition: I 1. This variance is granted subject to review and approval by the Storm Water Management Officer for compliance � with Chapter 236 of the Town code Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a I 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 andlor 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,Dinizio,Schneider,Horning. This Resolution was duly adopted(5-0). i Leslie Kanes Weisman, Chairperson Approved for filing !/� /2012 �PFFICE LOCATION: ��0� S�UTyO MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 G Q Telephone: 631 765-1938 Fax: 631 765-3136 Irou LOCAL WATERFRONT REVITALIZATION PROGRAMS TOWN OF SOUTHOLD BAR �� 2012 BOAR®Orr APPEALS MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: March 28, 2012 Re: Coastal Consistency Review for ZBA File Ref. #6550 KIMOGENOR POINT, INC. SCTM#1000-116-6-24.1 KIMOGENOR POINT, INC. -#6550 - Request for Variances from Article XXIII Code Section 280-123 and Article XXII Section 280-116 and the Building Inspector's January 19, 2012 Notice of Disapproval based on an application for building permit for demolition and construction of a new single family dwelling at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, located at: 50 Jackson Street New Suffolk, NY. SCTM#1000-116-6-24.1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is rr.y determination that the proposed action is INCONSISTENT with the below listed LWRP polices and therefore INCONSISTENT with the LWRP: Policy 1. "Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development" Policy 4.1 "Minimize losses of human life and structures from flooding and erosion hazards." The following management measures to minimize losses of human life and structures from flooding and erosion hazards are recommended: specifically A. Minimize .potential loss and damage by locating development and structures away from flooding and erosion hazards. D61 a�� 5SO 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted fora a. structures which functionally require a location on the coast or in coastal waters. d. sites where relocation of an existing structure is not practical 5. Manage development in floodplains outside of coastal hazard areas so as to reduce adverse environmental effects, minimize the need for future structural flood protection measures, or expansion of existing protection measures and to meet federal flood insurance program standards. The action is located in the VE Coastal Flood Zone -Velocity Hazard El 8' are defined as areas with special flood hazards associated with high-velocity waters generated by tidal surges and hurricane wave wash. Residential structures located within these areas have the potential to suffer high loss and pose hazards to life and property during high wind and surge storm events. The residential structure does not functionally require a location on the coast and is not water dependent. Although due to lot size, configuration and area of unbuildable lands located on the parcel the relocation of the residential structure is not feasible. However, the expansion of an existing structure by 23.5% is inconsistent with Policies 1 and 4.1. —the area is subject to potential storm surge and/or flooding. In the event that the action is approved to further Policies 5 and 6 the following is recommended: Require that the action fully complies with Chapter 236 ""Stormwater, Grading and Drainage Control Law." Note that the bottom of the proposed drywells would be in groundwater based upon location grade and water elevations per the test hole. This is not permitted. Note also that the grade change to accommodate the new sanitary system (new elevation 6.5') could affect the property to the east and should be further evaluated for storm water controls. In the event that the action is approved, it is recommended that a Storm Water Control Plan is required. It is further recommended that herbicide and fertilizer restrictions are applied to the area. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney COUNTY OF SUFFOLK RECIERVED MAR ® 9 2012 WS BOARD OF APPEALS STEVEN BELLONE \ - SUFFOLK COUNTY EXECUTIVE. SARAH LANSDALE,AICP DEPARTMENT:OF PLANNING DIRECTOR OF PLANNING March 6, 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 Code,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 Kimogenor Point, Inc. 6550 Tanyes, William 6553 Kalogeras, Thomas &Irene 6554 Meyerholz, Richard 6556 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 1 RFCEIVEo FORM NO. 3 SUN ' 8 2012 NOTICE OF DISAPPROVAL BARD OF DATE: June 8, 2012 APpEAL� To: Thom Samuels for Bingham at Kimogenor Pt. 25235 Main Rd. Cutchogue,NY 11935 Please take notice that your application dated January 11, 2012 For I st &2nd story enlargement &alteration, including the addition of heat at Location of property- 50 Jackson Street,New Suffolk, NY County Tax Map No. 1000—Section 116 Block 6 Lot 24.1 Is returned herewith and disapproved on'the following grounds: The proposed construction on this non-conforming lot, is not permitted pursuant to Article XXIII Section 280-123 which states; "A nonconforming building containing a nonconforming use shall not be enlarized, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use." The existing seasonal cottage is nonconforming building with a nonconforming use. In addition, the proposed dwellingis s not permitted pursuant to Article XXII Section 280- 116 which states: "All buildings or structures located on lots upon which a bulkhead, ... and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." The survey indicates the proposed dwelling setback approx. 62.5' from the bulkhead. uthorized Signature *altered to reference the addition of heat & clarify bulkhead setback from entry. p �SO ON FORM NO. 3 ` � NOTICE OF DISAPPROVAL DATE: May 3, 2012 �l �To: Thom Samuels for ,1 Bingham at V" Kimogenor Pt. 25235 Main Rd. Cutchogue, NY 11935 Please take notice that your application dated January 11, 2012 For 1st &2nd story enlargements & alterations to a seasonal dwelling at Location of property- 50 Jackson St.,New Suffolk, NY County Tax Map No. 1000—Section 1.16 Block 6 Lot 24.1 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming lot, is not permitted pursuant to Article XXIII Section 280-123 which states; "A nonconforming building containing a nonconforming use shall not be enlarged, or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use." The existing seasonal dwelling is a nonconforming building with a nonconforming use. In addition, the proposed dwellingis s not permitted pursuant to Article XXIISection 280- 116 which states: "All buildings or structures located on lots upon which a bulkhead, ... and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." The survey indicates a proposed dwelling setback of approx. 57.4' from the bulkhead. uthorized Signature 160 ' FORM NO. 3 RECEIVE® NOTICE OF DISAPPROVAL FEB 9 2012 DATE: January 19, 201280ARD 'Q'EAPPEA,LS To: Thom Samuels for Kimogenor Pt. 25235 Main Rd. Cutchogue, NY 11935 Please take notice that your application dated January 11, 2012 For demolition& construction of a new single family dwelling at Location of property- 50 Jackson St.,New Suffolk, NY County Tax Map No. 1000—Section 116 Block 6 Lot 24.1 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming lot, is not permitted pursuant to Article XXIII Section 280-123 which states; "A nonconforming building containing La nonconforming use shall not be enlarged reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conformingi use." The existing seasonal dwelling is a nonconforming building with a conforming use. In addition the proposed dwellingis's not permitted pursuant to Article XXII Section 280- 116 which states: "All buildings or structures located on lots upon which a bulkhead, ... and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." The survey indicates a proposed dwelling setback of approx. 57.4' from the bulkhead. Authorized Signature REOEEVED Fee:$ Filed By: Assignment No. 425 ou 3 0 9 2012 BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. _Street ��(',({��� �T, Hamlet KEW 9U D L SCTM 1000 Section Block_O�LLot(s) , Lot Size 00A& Zone 0-4 0 I(WE)APPEAL HE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED I BASED ON SURVEY-/SITE PLAN DATED Applicant(s)/Owner(s): Mailing Address: % B(LL �Q�1T , a I 1.�(1aw ffiMoW LA• i4uNTi wto ) o 7�3 Telephone: �9� - /3 5 a Fax: Email: W)k PC 4 E-R 14 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: M SAM U R8 for(14wner( )Other: Address: IMV MIN PLAD, ClUTCKO&V E Telephone: 4 ,640 5 Fax: _Email:"FoMWA0U �.SMPS-(d- VAA, COM Please check to specify who you wish correspondence to be mailed to,from the above names: )Applicant/Owner(s), (Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED FOR: (Vouilding Permit O Certificate of Occupancy O Pre-Certificate of Occupancy' O Change of Use O Permit for As-Built Construction ( ) Other: Provision of the.Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance_by numbers.Do not quote the code.) ® Article: XX W Section: Subsection: Type of Apoea1. 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 ® gt►C[E; }CX I I SECTION a r Il(� A prior appeal (1has, ( )has not been made at any time with respect to this property, UNDER Appeal No(s). _654 Year(s). 1 0 6 . (Please be stare to research before completing this question or call our office for asslstance) RECEIVED FEB ® 9 2012 PART B: REASONS FOR APPEAL BOARD OF APPEALS 1. An undesirable change will not be produced in the CHARACTER of the neighborhood fo a detriment to nearby properties if granted. The Kimogenor Point property consists of three separate parcels, two of them contiguous. The underlying land is held by the Kimogenor Point Corporation with each homeowner owning a proportionate share of stock in the corporation. The subject parcel which, contains the residence to be reconstructed is 5.9 acres with six individual single family residences and a shared clubhouse. The original development of Kimogenor Point occurred in 1915, and over time the homes have been expanded, improved and renovated. The subject residence is owned by Dan and Jackie Bingham, and it needs substantial reconstruction. It has not been substantially changed in over fifty years, making it effectively original. It has suffered from time and weather. It is located in a flood zone,and the firstfloor is belowthe required minimum elevation, built on a locust post foundation. The framing is non-conforming relative to current NYS building code and modern building practice. It is unheated,which is also non-conforming to code. The Binghams want a house which conforms to current code and practice, including hurricane resistance for framing and windows, proper heating, cooling, electric, plumbing and insulation. The waterfront property is extremely valuable,and warrants an up to date house. The reconstruction of the house is in keeping with the style, scale and detail of the existing houses in the community,and will not produce a change to the character of the neighborhood: It will be an asset to the common owners of the a Kimogenor Point Corporation. 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 property is unique because it contains multiple single family residences on a single lot. Both the ownership structure and development predate zoning. The improvements are in the best interest of the community because current construction standards will be applied. The proposed reconstruction is located entirely within the existing footprint of the house, plus modest expansions are proposed to square-off that footprint. Much ofthis increase in footprint is in the form of an open porch. The modest enlargement of enclosed, conditioned space is necessary to accommodate a family of two parents and three young children, plus occasional guests. The existing setback to the bulkhead is non-conforming, as are four of the remaining five houses and the clubhouse,some of which encroach significantly more than is proposed. Furthermore,the houses align on the waterside,with the covered porches forming a direct line, facilitating community awareness. This fact makes is unfeasible to push the house closer to the Bay. The closest proposed encroachments occur at the location of open, unenclosed porches. Even with the enlargements,the proposed house will align with neighboring houses on the road/bulkhead side. 3. The amountof relief requestedis notsubstantial. The application of the balancing RECEIVED FEB AR ®F APPEALS test weighs in favor of the grant of the variance. The house will be reco®nstructed within the existing footprint,with modest and appropriate expansions intended to square off the irregular shape and rationalize the interior layouts. The existing and proposed dwelling is set back from the property lines and from other residences on adjoining property parcels. The Kimogenor Point development is a private community, isolated from all other homes in,New Suffolk. The land is an enclave unto itself. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The property is suitably set back from water bodies,especially on the un-bulkheaded,beach side. It is mostly within the existing footprint. In keeping with requirements of the Southold Trustees, State DEC and County Health Department, it will include conforming sanitary and storm water runoff systems. 5. The alleged difficulty has notbeen self-created. The property and house pre-date zoning. The Southold Town Zoning Ordinance does not address this common development plan. Regarding the bulkhead setback, the existing house is non- conforming; any re-construction would be the same. There are no Covenants or Restrictions concerning this land. Prior to construction,the project must also be approved by the NYSDEC, SCDHS, and the Board of the Kimongenor Point Corporation. A permit from the Southold Trustees has already been approved. 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. The variance requested is the minimum relief practicable given the personal benefits anticipated by the applicant. The reconstruction is needed to maintain the investment and the proposed expansion is modest in scope and scale. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. V4" Thon4as C. Samuels, Authorized Agent Sworn to before me this y day of YU , 2012. P� Notary Public RECEIVED MAR 13 2012 PART B: REASONS FOR USE VARIANCE BOARD OF APPEALS 1. Applicant cannot realize a reasonable return foreach and.every permitted use under the zoning regulations for the particular district where the property is located,demonstratedby competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because the permitted uses do not include the existing use of the site,specifically"multi-family residential'community. The underlying land is held by the Kimogenor Point Corporation with each homeowner owning a proportionate share of stock in the corporation. The subject parcel which contains the residence to be reconstructed is 5.9 acres with six individual single family residences and a shared clubhouse. The original development of Kimogenor Point occurred in 1915, and over time the homes have been expanded, improved and renovated. The waterfront property is extremely valuable,and warrants an up to date house. The reconstruction of the house and the resulting multi-family use is in keeping with the existing use of the property. It will be an asset to the common owners of the a Kimogenor Point Corporation. 2. The alleged hardship relating to the property is unique because the property is one of the only parcels in the town which contains"multi-family residential'on a single lot in an R-40 zone. Both the ownership structure and development predate zoning. " 3.'', The alleged hardship does not apply to a substantial portion of the district or neighborhood because the majority of the neighborhood is composed of traditional single family residences. Kimogenor Point is one of the only properties with a"multi- family residential'use in New Suffolk. The Kimogenor Point development is a private community, isolated from all other homes. It is an enclave unto itself. 4. The request will Pot alter the essential characterof the neighborhood because it will result in the status quo, namely that of the existing condition. This is not a proposal to add a new non-conforming use, but to continue a long-standing one. This cannot result in a change in the essential character of the community. 5. The alleged difficulty has not been self-created because the existing and proposed use has been in effect since 1915, long before the current applicant have been alive. Once again, this is simply a request to continue an existing use. The Southold Town Zoning Ordinance does not address this common development plan. 6. This is the minimum relief necessary, while at the same time preserving and protecting the characterof the neighborhood,and the health,safety and welfare of the community because it allows for the continuation of a single family use in a "multi-family residential"community. It does not request two or more new single family residences, only one,as exists. This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood,and the health, safety, and welfare of the community. The variance requested is the minimum'relief practicable given.the personal benefits anticipated by the applicant, ti RECEIVED � l JJ^^ 'J .:AR 13 2012 E�Othat is having a house which meets all modern requiireemen s.. The reconstruction is needed to maintain the investment and the proposed use has existing since 1915. 7. The spirit of the ordinance will be observed,public safety and welfare will be secured,and substantial justice will be done because,as amply described above, this appeal calls forthe continuation of an existing use, in keeping with the immediate surroundings and the incorporation documents of the Kimogenor Point Corporation. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. Thomas C. Samuels, Authorized Agent Sworn to before me this �a r' day of �( � , 2012. Notary Public - -1 No, c) boya��7 RealVED APPLICANT'S PROJECT DESCRIPTION FEB � � 2012 (For ZBA Reference) Applicant:_ �C I/►I o f!7 f l�O(� ���N�, �(G, Date Prepared: BOARD OF APPEALS I.For Demolition of Existing Building Areas _ Please describe areas being removed: TWO S TOP- ( SFAS 011 AL, Rest D cNG r- I(&I SQ. ET. tOD T PPl N T uy ©BEN Pn RCH UV S rA(K'S To Cry4 D .06.4- 'sQ• FT, ToTAo A Cr 175 to Q FT. II. New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: DG t-W M 6� - ;�,24.SQ Et, flo gG H - 5 g S,q FT ,PJ)I-T CA A L Dimensions of new second floor: Fn(5911UGr ^ "�(�`���.9T-. _ P00fbCED - 1201 Dimensions of floor above second level: 'N ON Height(from finished ground to top of ridge): la7 1_ 9 "` Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: "a, I +T-FF-O }T III. Proposed Construction Description(Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: j� q SR,FT TWO STOP-K 8E sQN I )AAM R.ES(D&W05 U,Yo 4ASEMENT, mTt( (06C.'q 5a Fi cvy&-WD D PAN Pam 4 Number of Floors and Changes WITH Alterations: 60 k)S'VA k c7- Ii6os G FT, S :SQTcc� r+4M£ ^S(9f-NCE VC) %Ag7MITUT, u,c i N 8 2 (o—5Sry 17 CovEUED IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: _ 1 5/ o9O S Q. fi j. Proposed increase of building coverage: 11 7 Square footage of your lot: ,g 5'7 00 5R, #T Percentage of coverage of your lot by building area: `p 1 62-3 tl/o V. Purpose of New.Construction: To AS P°LAC ' AA t XM TW G- S t-ASDN& �l%5 i Doti CG W/Jj 6bN C>(71 o ���p fZ AscC' WWc-'q M eE T S e-OD G- F2�4u�P�M E(V i EDP- FWP. :RQ0 I CA N F;, �S'AM 1TA2u r4ND c � SST NDDAePS. VI. Please describe the land contours (flat,slope%,heavily wooded,marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): �E2T4 f S FS,- 11 ALL4 El-AT A}I D Lou I �etAl (T, Please submit seven(7) photos,labeled to show different angles of yard areas after staking corners for new construction),and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 REICEAVED FEB 0 9 2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION BOARD OF APPEALS A. Is the subject premise listed on the real estate market for sale? Yes No B. Are there any proposals to change or alter land contours? No Yes,please explain on attached sheet. M I M IM 4(�,� C. 1.)Are there areas that contain sand or wetland grasses? ES 2.)Are those areas shown on the survey submitted with this application? �(�S .3.)Is the property bulk headed between the wetlands area and the upland building area? �'E S ©N r�lh C 5(.P G- 4)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? ✓ Please confirm status of your inquiry or application with the Trustees: EP-VH I-r- &P14 U'r&j> and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?. E. Are there any.patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?ROMF '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?_�j t7 .. If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: 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. G. Do you or any co-owner:also own other land adjoining or close to this parcel? ES If yes please label the proximity of your lands on your survey. A,8 ulIT(K)C- H. Please list present use.or'operatious conducted at this parcel PESOMTI/�L—S(NGLE. tAd IGI and the.proposed use S"�4M W I V4 R—Cce;,Ai SrfeucrEh P.ESc()tNLE _(ex:existing single family,proposed:same with garage,pool or other) Authorize4 signature and Date PROJECT 1D NUMBER 617.20 SEAR, APPENDIX C �� ��� STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM FEDCQ f2 for UNLISTI=p ACTIONS Only PART 9-PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) S® AR n inic in,,AlRaWeANT/SPONSOR : 2.PROJECT NAME �A� JZECoNS` NCT(o0 bF �JNMOR ACS'► EU 3.PROJECT LOCATI/O�Nt:1 / Municipality V v I 1 t l�Y County 4.PRECISE LOCATION: Street Addess and Road Intorsections. P.roiltinent landmarits etc -or provide snap OMIT#7� ST, N�t-w SU PFOL lV�, P M041 qS Ft. a'VD "K006-�IW Pow-r" s! lrN g /V AP, S.IS PROPOSED ACTION.: New []Expansion. lNaditication lalteration' 6.DESCRIBE PROJECT:BRIEFLY: Tro..sVVq SGSoN4I, M1 pW C AND M/4NDo(V 7.AMOUNT OF rLAND AFFECTED: Initially 01 15 acres Ultimately 6), acres 6.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? []Yes [91,10 It no,describe briefly, CWISTIVG (WT1_-*P-CSOM6 flZOP6dUN. 6-NOM C0N(::Z)P*IN6� A _P Ns-_)!�u crcoM M-Ni >v `79 PT DR AROLKH SAD (A is EK(STING) S.WFJkT IS PRESENT LAND USE 1N VICINITY OF PROJECT? .(Choose as many as apply) Residential :[]Industrial ❑Commercial '[]Agriculture []Park/Fdresl/Open Space []:Other(describe) 10: DOES ACTION INVOLV.E.A PERMIT AF'PRO.VAL QR FUNDING, Nbw. OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGE eY (Federal, State or Local) �(,(`S�C {� Ys No If yes, list.agency name and pe.emit i approval: %: _D_� sLl El �+� `r� 11.p0 5 ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID•PERMIT OR APPROVAL? — Yes No If yes, list agency name and permit -/ approval• — W TEES . 1�2-.-�AS A RES OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? t_Ires Flt No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant /Sponsor Nam Date: Z I L/,'-7 Signature CJ If the action is a Costal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding:with this assessment RECEIVED FEB 0 9 2012 PANT II- :IMPACT ASSESSMENT.To be cam feted by Lead Agency) BOARD OF APPEALS A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAR EJ Yes E1 No B..WILL ACTION RECEIVE C66RD114ATEO REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN'6 NYCRR,"PART 617.6? It No,a negative declaration may be superseded by another involved agency. Yes ©No C:COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED.WITH THE FOLLOWING:(Answers may be.handwritten,if legible) C1. Existing.air quality,surface or groundwater quality or quantity,not'a levels,existing traffic pattern,wild�waste.produefion ordisposal, potential fqr erosion.,drairiage.orflooding blems? Expiain:bdeq : 02 Aesfhattc,dgrfcul ural,a, „ edfogical,hist4ric,:protllernatural OP'cttllyrai resources;orcominUnity or neigfibort ood.characteR Explain briefly C3.l/egetatiot}*f una fiish,shellfish of w Idllfe spat fps,s onifimnlhabrtats,.or threatened of endanjete species plain brltafly C4.A canr[nuntty's exisl7ng.ptans orgo9ls.as officially adopted;or a chariltain use or Intensity bf pse of 101id`or rattier n2tgr2 resources?Explain'briefly. C5. Orowth,.iubsequerit ilsvelOpment,or vela activides`likely to be fhduced by 1he;prOpmo action?E�tplain briefly: 66: Lorig term;short:term,citritulative;.or other-effects not ide;Iiie in C1-C6? E�iplain briefly: C7. .Other lm acts.{Includin Chan es in use of eflher. Uanti or t gt:ene.: Ex.lain 6rie{I ;. D. WILL THE RROdECr HAVE AN IMPACT ON THE ENVIRONMENTAL GHAT AGTERISTICS THAT CAUSED THE ESTABLISHM18NT OF A CRITICAL ENVIRONMENTAL AREA.CEA? If gs,.ex.lain kfaafl Yes No E. IS THERE,OR IS THpRIn LIKELY TO BE.,CONTROVERSY 81-4TED TO POT IAL ApVEa$E Efai1/fRON NTAL iMPA&S? If. . ex lain: Yes. �No : . :PART III 0157''eAMINAT16N OF SiGNIFICANC9(To be completed by Agency} INSTRUCTIONS:For eachedverse effect identified above,determine whether iris stitistanUal,Mtge,imporfantor olt3erwise significant.Ea eh effect Should!ie assessed In connection vifith ft(a)setting(Le.urban or rural) (b)probability ofoccurring;.(c)duration;(d)irreversibility:(a) geographic scope;and.(f)magnitude. If necessary,add.attachments or refereride suppor(ing.iilaterials. Ensure that explanations.contain suffeient detail to show that all relevant adverse impacts have been identified and adequately addr@ssed ff:question d of part iiwas checked yes,the determinaUornrsfsignifgnce must evaluate the potential impact ofthe proposed aption o tihe environmental characteristics of the CEA. Check this box if you have Identified one ormore potentially large orsignificant adverse Impacts vrhlchMAY occur;Then proceed directly to the FULL EAF and/or prepare a posidve declaration. Check this box If.you have determined,based on the information and analysis above and any supporting documentation;that the proposed actin WILL NOT result in any significant adverse environmental impacts AND provide,on attachments-as'1tecessary,the reasons supporting thi determination. Name of Lead Agency Date Print or Typb Name a espons a car n Lead Agency Title of Responsible Officer Signature o Responsible Officer in Lead Agency Signature of Preparer(if different from responsible o er - i RECEIVED AGRICULTURAL DATA STATEMENT FEB 0 9 2012 ZONING BOARD.OF APPEALS BOARD OF APPEALS TOWN OF SOUTHOLD . WHEN.TO.USE THIS FORM. The form must be completed by the applicant for any special use permit,site approval, use variance, or subdivision approval on.property fvithin.an agricultural district QR within plan pp � I S00 feet.of a farm operation'located in agricultural district. All applications re agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239= m and 239-n-of the Oeneral Municipal.Law. . C 1).Name of Applicant: 2)Address of Applicant.:. 3)Name'of Land-Owner(if other than applicant),: G 4)Address of Land Owner: Y' -5)Description.of Proposed Project: 6)Location of Property.(road and tax map number) U 7)Is the parcel within an agricultural district? �No 'es if yes,Agricultural District.Number .8) Is this parcel actively farmed? UNo.ElYes 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: Maine and Address. 1 . . 2 4. . 5. (Please like buck side of page if more than six property owners are identified.). The lot numbers may.be obtained,in advance,when requested from either.the Office of the Planning Board at 765-1938 or the Zoning Board of.Appeals at 765-1809. Signature of Applicant Date Note: 1.The local board.will solicit comments from.the owners of land identified above in order to consider the effect of the proposed action on their farm operation.Solicitation will,be made by supplying.a copy of this statement. 2:Comments returned to the Iota}board will be taken into consideration-as part of the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk.of the board to.the property.owners r 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 02/13/2012 11:10 63173464!7" , SAMUELS&STEELMAN PAGE 02/02 APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town o£S utltold's Code of Ethics prohibits conflicts of interest an the of Town offzccrs and orm 1 ees The purpose o£t:his form ip to provide irt_formatiozn,which can alert the Town of: i�ossible conflicts of iz�terest and allow it to ta4ce yvhataver action.is„necossaty to avoid saute. FOUR NAME: (Las�name ��qst mid dye 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 Change of Zone - Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have n relationship with any officer or employee of the Town of Soathold7 ".Relationship" nacludes 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 o�rcer or employee owns more than 5%of the shares. YES NO �1 If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe 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 fawn oflacer or obaployee or Iris or her spouse, sibling, parent, or child is (check alf 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 +? day Signature; _e Print Nama; RE(MIVlE® FED 0 9 2012 APPLICANT/AGENT/REPRESENTATIVE BOARD OF APPeALS TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. h A �q`` YOUR NAME: 1 t�ut�+'47V . l�, �7?!�1 V ti l,s (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or coinpaiiy's name.) NAME OF APPLICATION: (Check all that apply.) / Tax grievance Building ✓/ Variance � Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other",name the activity.) Do you personally(or through your'company;spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?."-Relationship"includes by blood,marriage,or business interest."Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of shares. YES NO If you answered"YES';coiriplete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of-that person Describe the relationship between,yourself(the applicant/ageiit/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided. .The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. ..DESCRIPTION OF RELATIONSHIP Submitted this 0 day of Wo0o(I Signature Print Name p � C' Form TS I Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM E LEE S 0 D 2 0112 A. INSTRUCTIONS SOAR®OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This . assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C.on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. if an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtowii.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# The Application has been submitted to(check appropriate response): Town Board Planning Dept. D Building Dept. N Board of Trustees L� 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g.grant, loan,subsidy) (c) Permit, approval, license,certification: ®/ Nature and extent of action: e6CONSI-IMC 06) OF E1C(sTi N Fr- EIA&LE' EdM ILLf ZES(DO-wa- NEvu T(Ut7'6m RECEIVED Location of action: 5R J}}NSO lft NEW S 46FOLK A] FEB 0 9 20V Site acreage: 5 1D Acw BOARD OF APPEALS Present land use: MU LTI WL& MIDGWCE Present zoning classification: �C7 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: WI M Q 6110 9 lUT Al C. y ''-M 0 CZC (b) Mailing address: a!2 3 AI N QXdA Q (c) Telephone number:Area Code( ) 734 14y G (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? DEC, DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, - .preserves open space,makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies;Page 2 for evaluation criteria. dyes ❑ No (Not Applicable- please explain) d c i vi e t CSfWSb 5' Rd 144'6CM 42rbip� o rs i oh S' 'ail aAA o CIIral or u py( Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No (Not Applicable—please explain) „i YV rf' am no (1 'gfarc o or ar o [04- O-Od S to 4- virr-s on .fie f��vvbQr�. ro FED 0 9 201C WARD OF APPEALS 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 0 No 0 (Not Applicable—please explain) t S JT 1S W e8 biI vi 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 0 No Ea (Not Applicable—please explain) �-6 I ►ra �u�t°ev -yri,-4,1 o f-f is ctv` A w l l I b n—Ja aw oIn si [AJ i e of v ehr DubviQr� s(vvt cfi' a (Acfe o �c t"kore. W) LI kee.b vI }y Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria WYes 0 No E (Not Applicable—please explain) Y-&.wnWAZk Ir q Kcj tS will( i H e_ Wi L' LA rb o e_ ( SAC Kti S WL S8&o H s Ir' S "u.Wi �_LI/ f2 Wd. t"' LL�I, rC tA ev S S U u& o- Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes a No W(Not Applicable—please explain) RV o Aey e(o0 me W"If ,b t prb&fed � a v Vla-E-v REi- 1VE® I-L0 CJIL APPEALS—SOARD Of Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34 through 38 for evaluation criteria. Yes ❑ No❑ (Not Applicable-please explain) `fie. Oleya w lI �,of add pollutanU t� f4e, air, A OCD ti s fra d i oli y t ti i e I t. wt.e e+ tive -Ped e ml s its aA a vd c -6 y, a�'r a t(af't ch OA iQr—�Mj e , I VAO-C .4,Vt i s (I X 1'b c�S ' V s',duevtce " P.cf NAemls da rd r q.f r Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38 for evaluation criteria. Yes ❑ No ❑ (Not Applicable please explain) e, eo t s4v U c-j'i%% 6LPO l cg-e. o e'• i cLelj W i g M& e "-c e c o i s o cF Q4 I^ d W cl S W Att t- `` Vt i lr ' i( i V ✓l to Cc V ed 1S CD HS ,S d,LA i+Z1.Vu Si2S4-V,iM 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. a Yescl No 0 (Not Applicable-.please explain) `fi u r yd -o f- access a.lot-ia tke- mc� aT, w l be, 'br'Dfec'eA xvlJ W1e iyl.'" arHef trDwafil the, coy_YSL O Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependeflOW&GO suitable locations. See LWRP Section III-Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No F❑ Not Applicable-please explain) BOARD OF APPEALS I here, are, wo ,or Covnwt,elr iaJ e.&f;v1'4ie S or- u&ec, oti cif V4 I gA,ri it I rd e a i `al '2 aK - Y'eSideln.fi`al wl inS-2 G,t�.d will .Vhcii' 'pl 'a . Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound,the the Peconic Es W Estuary and Town waters. See LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria. Dyes ❑ No ❑ Not Applicable-please explain Thisr� ec i �fie-C er rese e. v ' a i ,ice a isc�a c, kscw ifaV oW tPot ­C-)dpkice, bVl tife ✓ i t eyyiA 4wwells -Pa ►�a ' r Iry Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III-Policies; Pages 62 through 65 for.eev�vaIuation criteria. ❑ Yes ❑ No Not Applicable-please.explain Dge, a m yio A.wri a4 Ijv r-6ut& vvl 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. ❑vYes ❑ No ❑ Not Applicable—please explain -th2 Coll is W0 -e S ' i c et eve �eCkQMj 5aDVtVMOj4nt- r CWMu u ta �&• `mil es 'd e"c,�, ;l _viee �Rd.em( eWtyiAa��►s r �o�nSer�y c,via eyte_rcru a► ti will �r-� S'�I Zc f e, Y If►e(rGP�,r C°�to S-e V'ycc'I-i ova a,►.,d C'b y15 ty UGf 1'©yt ewe '' o✓4SfiV'u�fiiayl n� c�Sic�,�e�. C �Ir��l b 6Y1� SJ� fDl- vK vp-, LS i2 RECEIVED - 0 E— FED 0 J 2012 S A M U E L S & S T E E L M A N BOARD OF APPEALS February 9, 2012 Zoning Board of Appeals Town Hall Annex Southold, NY 11971 Re: RECONSTRUCTION OF THE BINGHAM RESIDENCE Kimogenor Point, New Suffolk, NY SCTM#1000-116-6-24.1 Dear Sir/Madam, Enclosed please find materials required for an APPEAL for an area variance. Please find the following: 1. ZBA Application 2. Reasons for Appeal 3. Notice of Disapproval (1/19/12) 4. Applicant's Project Description 5. Questionaire 6. Property Record Cards 7. Finding of previous Appeal (3/10/05) 8. Short EAF Form 9. Owner's Authorization 10. Transactional Disclosure Form 11. LWRP Consistency Assessment Form 12. Seven (7) Photos 13. Southold Trustees Permit#7712 (1/18/12) 14. Current Survey 15. Site Plan (2 sheets) 16. Floor Plans and Building Elevations 17. Check for $1000. Please get back to me if further materials are required. If the application is deemed complete, please notify me of the date of the hearing. Thank you, Jpa6 Samuels ARCHITECTS 25235 MAIN ROAD CUTCHOGUE,NEW YORK 11935 (631)734-6405 FAX(631)734-6407 ' APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS 2� For Office Use Only ' �7✓ Fee_ S!&�_ Filed By:� aA-M, CaA Dnte Assigned/Assignment a. l Office Notes: 13 2004 C` �r �APFEALS Parcel Location: House No. 50 j iZ.kd?eoh Jackson Street Hamlet New Suffolk - SCTM 1000 Section 116 Bloc106 Lot(s) 24.1 Lot Size 5.9 ac Zone District R-40 I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR 4L/ DATED: 9/29/04 1 N. Applicant/Owner(s): William Archer 31Z0 Mailing 29 Green Meadow Lane, Huntington NY 11763 Address: Telephone: 699-7359 NOTE: 1(applicant is not the owner,slate if applicant is owner's atlorney,agent,architcel,builder,contract vendee, etc. Authorized Representative: Patricia C. Moore Esq: Address- 51020 Main Road, Southibd.d NY 11971 Telephone: 765-4330 (fax 765-4643) Please specify who you wish correspondence tb be mailed to, from the above listed names: D Applicant/Owner(s) Autborized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 7/20/04 FOR: {]Buiiding Permit 0 Certificate of Occupancy 0 Pre-Certificate of Occupancy 0 Change of Use ❑Perinit for As-Built Construction D Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Sectiou, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article xxiv Section 100- 243A Subsection Type of Appeal. An Appeal is made for: ® A Variance to the Zoning Code or Zoning Map, D 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 0 has N has not been made with respect to this property UNDER Appeal No. Year r RECEIVED Reason for Appeal Continued Zoning Board of Appeals FEB 0 9 2012 re: William Archer Residence/ Kimogenor Point, Inc. BOARD OF APPEALS Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3 (b) . The variance should be granted for the following reasons : 1 . No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. . The Kimogenor Point property consists of three separate contiguous parcels. The underlying land is held by the Kimogenor Point Corporation with each homeowner owning a proportionate share of stock in the corporation. The subject parcel which contains the residence to be renovated is 5 . 9 acres with six individual single family residences and a clubhouse . The original development of Kimogenor Point occurred in 1915 and over time the homes were expanded, improved and renovated. The subject residence, Unit 9 on the original site plan, is owned by William Archer and the house needs to be renovated. The last date that this home was renovated was 25 years ago. The applicant wishes to add a second floor and renovate the first floor. New Windows and updated heating and electrical work is proposed. The waterfront property is extremely valuable and the house has suffered from time and weather. The renovation was approved by the Kimogenor Point Corporation Board of Directors, Robert Pox, President . The improvement of the existing homes will not produce a change to the character of the neighborhood and is an asset to the common owners of Kimogenor Point Corporation. 2 . The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance . The property is ' RECEIVED 60 FEB 0 J 201? unique because the property contains mu 1 t i pj9ARD iq fiLS family residences . Both the ownership structure and development predate zoning. The improvements are in the best interest of the community because current construction standards will be applied. The proposed expansion is an area within the existing footprint . A second _,floor master bedroom is proposed. Also the house will be squared off on the north-west corner of the existing house. The proposed improvements are modest and in character with the architectural style of the surrounding homes . 3 . The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The house will be renovated within the existing foot print, except that a small corner of the house will be squared off . The dwelling is setback from the property lines and from other residences on the Kimolgenor Point property. The Kimogenor Point development is issolated from all other homes in Nassau Point. The land is an island onto itself. 4 . The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district . The property is suitably setback from the water bodies and is primarily within the existing footprint . 5 . The alleged difficulty was not self-created. The property and house predate zoning. The Southold Town Zoning Ordinance does not address this common development plan. 6 . The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant . The renovation is needed to maintain the investment and the proposed expansion is modest in scale. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. r/!o `{"O ✓tea—cr�Jb� (�. �' 046L 3/0s- A JI,o/os RECEIVED FED 0 9 2012 BOARD OF APPEALS RECEIVED Kimogenor Point Corporation MAR 13 201 2 New Suffolk, New York EOARD OF APPEALS RECEIVED March 12, 2012 MAR 13 2012 BOARD OF APPEALS Town of Southold Zoning Board of Appeals Re: Mr. & Mrs Daniel Bingham Residence 50 Jackson Street Kimogenor Point New Suffolk, NY 11956 We hereby authorize Thomas C. Samuels of Samuels and Steelman Architects of 25235 Main Road, Cutchogue, NY, to apply for all required permits from the Town of Southold (Zoning Board of Appeals) for the project to reconstruct the Bingham Residence at 50 Jackson Street, Kimogenor Point, New Suffolk, New York 11956, Sincerely, William W. Archer President Kimogenor Point Company .RKAIVED Daniel and Jackie Bingham FED 0 9 2012 170 Oxford Blvd. BOARD OF APPEALS Garden City, NY 11530 December 7, 2011 I hereby authorize Thomas C. Samuels of Samuels and Steelman Architects or 25235 Main Road, Cutchogue, NY, to apply for all required permits from the Town of Southold, Suffolk County and State of New York, for my project at 50 Jackson Street, Kimogener Point, New Suffolk, New York 11956 Sincerely, "v fi Daniel Bingha Ja ie Vingham r t » �3 ��4 ,^�,. � rf ��, 4 yak -•, �f� -i�;`'• h�l„'ry: K ady�"`��A !� r ' ����� �..,t'x�• ���, g ep `"� _ � '�, 4 µ y' ��w .4 � s a �.� a ��,� �}�r+rt,k y M,_• `�. �v .wy 'f .ty IR "q Ak- G, i e�'✓ ��y�a t'"' �4'��^yam; Y p� f'n �,G''+'�' %7:2 '{ 10, t ' • — 1 i ' ■■■■■■■■■■B■■■■■�■ ■■ �X }` ■■■■■■■■■■u■■■■■`■■■■ ■■■■■■■■■■WIM-- — ■■■ - r ti•,- I ' .:� �':d •i F „ t r t t ? t 1 i �1',,i I �) -�'t Ir tt 1 tl 1 #y� N■■■�U,1 Xg i ��'• 4i i11 11. 4�I�r��1',�7&.�� ���:F 11�ti 11�11'��,��i1,� -' • . ■■■■■■■■■■■■■■■■■■■■ • Q�1K�1€ r STREET VILLAGE DISTRICT SUB. LOT V- , 1 FORMER OWOR N E ACREAGE S W TYPE OF BUILDING �- RES. SEAS. VL. FARM COMM. IND. I CB. I N11SC. LAND IMP. TOTAL DATE REMARKS - ® a AGE BUILDING CONDITION a` NEW NORMAL BELOW ABOVE Farm Acre, Value Per Acre Value Oob.le 1 Tillable 2 Tillable, 3 Woodland Swampland B rush Icy ' House PIS Tota W I'dJ -'7 STREET VILLAGE DISTRICT SUB. LOT FORMER t NER N E ACREAGE TYPE OF BUILDING RES. I SEAS. VL. FARM comm. IND. I CB. I MISC. I U LAND IMP. TOTAL t DATE REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre .Value Per Acre Value Tillable 2 Tillable, 3 Woodland Swampland jHG shland use Plot Total or _ , � -_, ---- .,�:�,�,��f+ Eby, ■■■■■■■■���®�� ■■■■■■■ ■■■■■■■■■■■■■■■■■■■■ FoundationBoth Extension :. Floors -® PorchIls Ext. Walls Interior Finish xtensiQn - -- Rooms 2nd Floor Garage Driveway VILLAGE DISTRICT SUB.zewo Patio 2i3NMO 3E -I-IIA 133'd1S -- COLOR V!/ 61! Te TRIM a aml,. RECEZVE® FEB ® 2012 0° ; x y a - M. Bldg. 99 Extension ExtensionH+1 . ' 1 +1 1+ Extension 1l o 2 LAX ��s�h X .� f _ Foundation C Bath, Wd Dinette r2 -7 113asement Floors K. Porch Ext. Walls Ihdenterior Finish d LR. Breezeway Fire Place f feat � DR. .Garage Type Roof Rooms 1st Floor BR. Patio Recreation Room Rooms 2nd Floor FIN. B O. B. q Dormer Driveway Tgjal I ✓ P' i p.. VP TOWN OF SOtlTHOLD VROPERTY RECORD CARD OWNER ---- J 1 Ktt7 � v ILLi1ut DIST. SUB. LOT FORMER OWNER N ti E ACR. S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS z illoWe FRONTAGE ON WATER foodlartd FRONTAGE-ON ROAD eQdowWW DEPTH xm PkttBULKHEAD ►tal OWNER STREET VILLAGE DiSTRICT SUB. FORMER 0 NER N E ACREA S W T E OF BUILDING RES. SEAS. VL. FARM comm. I IN CB. I MISC. LAND IMP. TOTAL DATE REMARKS f r,. j AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value r— Tillable 1 Tillable 2 ���� ; Tillable, 3 ` C 0'9 201 — Woodland roOP4'n Swampland B rushland— House Plot � Totd I RECEIVEo FEB 0 . 2012 ,, n r'�'���,A\r y�A Pq1,}� !� f��� fi'aa•�-y��""R`tnhr.. Pi- ?m`J� BOARD .iiD O APPEALS `•a6'$`c"s .fit ��A:���dR `';��}d4�q��; S,r.f� l• _� +��.� ■■■■■■■■■■■■■■■ Foundation :. th Extension ]err Basement .. Extension Ext. Walls Interior PorchExtension Fire Place Heat Porch Rooms Ist Floor Rooms . Floor Breezeway Patio Garage Driveway 0. � ■■■■■■■■�■■■■■■■■ t TaT s _ ■■� ■ i■■■■■■■■■I�■■■■■�, ■�1 ��11■■■■■■'ail■■■■■■■■ ■■■off■■■■■■■■■■■■■■■ i Foundation Bldg. / i• th -® \RCsement Floorsi •:xtensi �-_ • Interior Place • Heot Porch Attic le K 7/ J-3 F2- . Porch Rooms Ist Floor Rooms 2nd Floor rL��,3reezeway Patio Sarage Driveway �® _ - r 'SOWN :•,OF s uirHOLD . PROPERTY , RECORD CAR® STREET VILLAGE DISTRICT SUB. . LOT FORMER OW&ER N E ACREAGE S W TYPE OF BUILDING RES. SEAS. VL. FARM comm. I-ND. CB. I MISC. LAND IMP. TOTAL DATE REMARKS 69, oro--r AGE BUILDING CONDITION RE RVED NEW NORMAL BELOW ABOVE _ -LB Farm Acre Value Per Acre Value BOARD OF APPEALS Tillable 1 Tillable 2 Tillable, 3 Woodland Swampland Brush.land''�'-- °- House Plot Toto I a%+ s i ■EEN■■N■NN■■■■■■■■■■ ■�■_■�_�■■ME■■■■N■■■■WE --lT-.-"�- -.ice __ y. -. -x. � ■�i■L�■■■■■■■■■■■' Nee■ ON NONE ■■E■NE■■NNE■EN■■■EE■ ■■■■■■■■■■■■■■■■■■■Interior Finish Fire Plac.e Rooms Ist Floor Rooms 2nd Floor '•f- .�a ue .., ..... ,.-,"t". -..r •r sr"'"--.L -._..,. ,-r :.. ..T:.. ;n:: i^1- 3: ' - - _ T, u,.. .5 • OWN ' 'SOUTHOLD opERTY RECORD ARV r•h y ovVN R STREET' -VILLA65 01STRICT SUB. LOT -= t FORMER Nf=R N E ACREAGE S W TYPE OF BUILDING RES. SEAS. VL. FARM comm. I IND. I CB. I MISC. LAND IMP. TOTAL DATE REMARKS a AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE J Farm Acre Value Per Acre Value _ An nv'L Tillable 1 BOARD Tillable 2 Tillable, 3 Woodland Swampland -- '' Brushlond House Plot Total TOWN OF SOUTHOLD 07ROPERTY RECORD CARD OWNER STREET VILLAGE DISTRICT SUB. LOT FORMER OWNER N E ACREAGE S W TYPE OF BUILDING RES. I SEAS. I VL. FARM comm. I IND. I CB. I MISC., LAND IMP. TOTAL DATE REMARKS ©e �. :.1.."17 mil'? d— C L'. .y# .Ls2 e,;74 AGE BUILDING CONDITION n �-n^ 0 2 NEW NORMAL BELOW ABOVE /0 -7 lgi�k Farm Acre Value Per Acre Value s Tillable 2 Tillable, 3 Woodland Swampland Brushland House Plot Tot6l RECEIVED l III ■t�■�■ ■■■■■■■ y� ■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■ Bath MBldg. Foundation 'Qo . i r Extension -v r Ext. Walls Floors Basement InteriorE Fire Place Heat Extension Breezeway Patio Rooms 2nd Floor —V/ Garage Driveway • :n 4 1 FEB ® 20, ----------------- ®APPEALS A. Bldg. Foundation Bath :xtension Basement Floors :x 'ion Ext. Walls Interior Finish :xtension Fire Place Heart Porch Attic Porch Rooms l st Floor 3reezeway Patio Rooms 2nd.Floor 3a rage Driveway D. B. COLOR 2 rA 3 .{ 5 5 TRIM i t , 6 OOARD 0p4Pp z GALS 1st 2nd M. Bldg. Foundation c B Fin. B. Bath 1t�lzl Dinette FULL COMBO Extension Basement CRAWL PARTIAL Floors Kit. SLAB Extension Ext. Walls Interior Finish L.R. Extension Fire Place �S Heat D.R. patio Woodstove BR. rurch Dormer Baths Deck Dock Fam. Rm. A.C. Garage O.B. Pool �D - 11 (0— -�`-�•� TOWN OF SOUTHOLD PROPERTY RECORD CARD 4 za��, OWNER STREET VILLAGE DIST. SUB. LOT lyLc.. �� : Kim � mint Co. Jac,icsoYN st New SuffolK 15J ACR.. 5 , REMARKS TYPE OF BLD. 4 P C BP Smgg, deo-%� cof&ru e tl'h PROP. CLASSz v LAND IMP. TOTAL DATE -54 1—rn n, ,n V cuiz UARD OF APPEALS FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL -� F SOUTH®.® � �� `OWNER STREET 5v VILLAGE DISTRICT SUB. LOT a t- A J tac D In :5�,cef-AlOWL 4fhl b FORMEff OWNER N E ACREAGE S W ._�,t:�4 TYPE OF BUILDING RES. SEAS. 2 � VL. FARM COMw1. hND. r CB. MISC. I — LAND ~IMP. . TOTAL DATE REMARKS 7 do a o .;U �a 6" AE 52 BUILDING CO VI NEW NORMAL BELOW ABOVE o Farm Acre Value Per Acre Value ®� Tillable 1 ! Tillable 2 Tillable, 3 6 f� o WAIVE® Wcodland i - FEB 0 9 2012 Swampland 6411 „ � � Q la()ARD OF.IPPE.41 Brushland ` 4 House Plot Ti to I /7 lei f��J���LS� �m�it �wD vC�d�r ��rm �X�L�-c• - T L `' '�� RECORD CARD.SOU QW.NfR STREET VILLAGE DISTRICT SUB. LOT FORMER OWNER N E ACREAGE S gyp/ TYPE OF BUILDING RES.. SEAS. VL. FARM comm. I IND. I CB. I .MISC. LAND IMP. TOTAL DATE REMARKS p .�..C'...w�-1 f i S• Yj• 7n9n Lu IL AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value - f — �xb.Ie 1 Tillable 2 Tillable. 3 Woodland Swampland Brush-land House Plot Toto{ ) a) 0,9 / 711,�. . .. :-..,T+4axaea7ewa�c_�r++w•rr+,�..,.+as w�...,.«-_.a.aam�*a—^c-w.+e+.c...+.--. . ..___ _ .-.. t �a1�4■■■��■■'■■■■■■■■■■■ - ■■■�® ' I� ■■■■■■■■■■■■ ■■■■■�7®■®■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■ FoundationBath Floors Basement Extension r-�,t� �,/V) Extension Ext. Walls -.11, .!, A Interior Finish -_ 7 x Porch Attic - 3 .. Breezeway Patio Rooms 2nd Floor Garage Driveway . B. —_ fqV x3 . L APPEALS BOARD MEMBERS *rsf soUTiy� Southold Town Hall Ruth D. Oliva. Chairwoman 53095 Main Road•P.O. Box 1179 Gerard P. Goehringer #[ Southold,NY 11971-0959 Vincent Orlando u, a,e Office Location: James Dinizio,Jr. G'r?► • �OQ Town Annex/First Floor, North Fork Bank Michael A.Simon C�U 54375 Main Road(at Youngs Avenue) Southold. NY 11971 60 http://southoldtown.northfork.net REcRIVED BOARD OF APPEALS RECEIVED^ TOWN OF SOUTHOLD FEB ® � 20�2 Tel.(631)765-1809•Fax(631)765-9064 �� BOARD Or.APPEALS Tel. 1 2 2005 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 10, 2005 . Sou old To n C19>t<k ZB Ref. 5654—WILLIAM ARCHER (Co-op Unit#9) and KIMOGENOR POINT COMPANY joined in by letter of 2/28/05) Property Location: 50 Jackson Street, New Suffolk; CTM 116-6-24.1. 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 FACTS/DESCRIPTION: The applicant's home is located on a 5.90 acre parcel. The land has been held since 1915 by the Kimogenor Point Corporation, with each homeowner owning a proportionate share of stock in the corporation. The parcel is improved with the applicant's 1-1/2 story, single-family residence, five other individual single-family dwellings, and a clubhouse. BASIS OF APPLICATION. Building Department's September 29, 2004 Notice of Disapproval, citing Sections 100-31A and 100-243A, in its denial of a building permit to construct a proposed second- story addition. The reasons stated by the Building Department are: (1) that there are multiple dwellings on this parcel, and (2) reconstruction of the existing dwelling is a nonconforming use. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 3, 2005 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: RELIEF REQUESTED: The applicant wishes to add a second-floor addition and to renovate the first floor of the existing dwelling, as shown on the elevation and floor plans dated 7/23/04, and site plan prepared 11/3/03 by Samuels & Steelman, Architects. The use of the dwelling will remain as single- family, and therefore there will be no increase or change in the number (density) of single-family dwellings, confirmed by applicant to be 'six,' adjacent to contiguous property also owned by Kimogenor Point. The setback of this dwelling is noted as 70+- feet from the existing bulkhead along West Creek, and all other code provisions were noted by the Building Department to be in conformity with the code. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2—March 10,2005 � ZB Ref.5654—William Archer&Kimogunur Point Co. CTM ID: 116-6-24.1 RECEIVED FED 0 9 HIZ BOARD OF APPEALS 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The building inspector indicates that the present dwelling is a nonconforming building containing a nonconforming use, based on the fact that the 5.90 acre parcel contains multiple individual dwellings. The applicant's home is one of six dwellings, owned by stockholders of the corporation, Kimogenor Point. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than a variance. 3. The variance granted herein is not substantial since there is no change in the use density and the number of dwelling units, although nonconforming on one parcel, will remain the same. 4. The difficulty has been self-created and is related to the multiple dwellings on a single parcel of land, which is nonconforming. 5. 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions with alterations, 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 Goehringer, seconded by Member Dinizio, and duly carried, to GRANT the variance, as applied for, as shown on the elevation and floor plans dated 7/23/04, and site plan prepared 11/3/03 by Samuels & Steelman, Architects. 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Dinizio, and Simon. This Resolution was duly adopted (5-0 Ruth D. Oliva, Chairwoman 4/8 /05 Approved for Filing FORM NO. 3 NOTICE OF DISAPPROVAL DATE: September 29, 2004 TO: Samuels & Steelman A/C Archer 25235 Main Road Cutchogue, NY 11935 ' Please take notice that your application dated July 20, 2004 RECEIVE® For reconstruction of an existing dwelling at FEB 0 0 2012 Location of property 50 Jackson Street,New Suffolk, NY [SOAR®OF APPEALS County Tax Map No. 1000 - Section 116 Block 6 Lot 24.1 Is returned herewith and disapproved on the following grounds: The proposed reconstruction, on this conforrninQ 257,004 square foot parcel in the R-40 District, is not permitted pursuant to Article XXIV Section 100-243A which states, "A nonconforming buildincontaining a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved, except as set forth below, unless the use of such building is changed to a conforming use." The building has a nonconforming use pursuant to Article 100-31, A., Permitted uses. (1) One-family detached dwellings,not to exceed one dwelling on each lot. There are multiple dwellings on this-arcel. Authoriz Cigna e CC: file,Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. u5 Air- IN-AWN IMIUR R2 NORM 1y '}i4f R. 1 I INFO `.� ='3 ''"� . . . . � �: _. � ��!',,� '��� �r> ...... ... Y ,, - <.. '�: '� _,,, �`_ " i _.. - 2rt'.. r r� a- -•-..art :.. - -ram:.' r .'6�+- ��^ -� _ .. z. a ins r a /. / [F" � ,� y � 11 �,C / err / �/ i� t -��-;. h.. ]f r .; � i . v ty �- S I S"�..��1. '.ram! '"'' '""(i' 19 - �i �:JJ thin+ J :�� .j.� -J]r �!y_ ri"'fir k-x\; ".-_J�^t.'y 5• _ +'>9/ •"� +�� �" ! u/r 5 K n J-4f/A. .•J+ I..r: +4 Y f E!1 f :! f {:1' +1 .s:. r ' ,ECF- VF '�'" -a�••... ,� or APPEALS MH •: Y • '�': � r1111111111i f f♦ • 1ff1fff1fffl 1 �, � -iJ _ ♦1 1 f f1 1 1 1�� ���its �• a �'`�:!.,�,oy �u'�°�,��`��,��''�'��" ����� �,i�=�• ��`� �,�Iasi�.�,� >������'�ai �� , - '�►-'-- -., � �� - lz` � C. �; �YS tiz =� IR�; ta, RCN' �..: "p'ti ', '."Y'• '1�(�?ttier „1 e ..k' �. w .AA'ti, .s+. .¢, x "�__ `C. r. ._ .. \ :u ♦4 1 c41 f ? � �� •/ ate �� ,r`f �,4 ® .,� �aP �- .. �� � 4 ppp — t r111111110 - 11 1144i. �� a; R JUN 80ARD C��w June 4, 2012 "EALS Re: The Bingham Residence on Kimogenor Point, New Suffolk, NY Southold Town Zoning Board of Appeals Southold, New York Dear Members of the Zoning Board of Appeals: I have been asked to supply information on the recent sales of ownership interests in Kimogenor Point Company("KPC"). KPC is a real estate co-operative with twelve shareholders. In addition to a 1/12th interest in KPC, each shareholder has a perpetual lease interest in a residential home owned by KPC located on Kimogenor Point, New Suffolk. It is the home subject to the perpetual lease interest that creates the vast majority of the value for each shareholder's KPC interest. The three most recent sales are as follows: 2011 Sale of Harrison KPC interest to Adler/O'Neil $1,500,000 2010 Sale of Riccoboni KPC interest to Marsh $2,495,000 2005 Sale of Fletcher KPC interest to Bingham $1,675,000 Sincerely, William W.Archer President Kimogenor Point Company PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax:(631)765-4643 June 7, 2012 RECEIVED Town of Southold Zoning Board of Appeals JUN ` 7 2012 RE: KIMOGENOR POINT INC # 6550 OF AFpEA� (BINGHAM) Dear Chairman Weisman and Board members: With reference to the above, please be advised that Mr. Archer, President of Kimogenor Point has advised that in 2004 there was a sale to Brennan for $725,000.00. Very truly yours, Patricia C. Moore PCM/bp _1 �, s N w , KIMOGENOR POINT, i BIN AKERSON-photo "-Q-- � tj �w a. II i III�III�I RE: KIMOGENOR POINT,INC. (_ �� (BINGHAM)-#6550 (� �I PURCELL-photo #2 i r i 11 t , � a , r `�>�'-�""• �': ,ter? `�1�• i " ,� ��" aryl��?R •�. , ' E I O. POINT, •INGHAM)-#6550 R • • • fir'• ��1 10 N ay" 1 RE: KIMOGENOR POINT, INC. IMAN-• • • ��g .� \l 0 3 I r RE: KIMOGENOR POINT,INC. (BINGHAM)-#6550 MARSH-photo # 6 i y !^III .400 RE: KIMOGENOR POINT, INC. (BINGHAM) -#6550 BINGHAM-photo # 7 1 r; II � p I s RE: KIMOGENOR POINT,INC. (BINGHAM)-#6550 ADLER-photo# 8 1 J ►1 '� II rr � 6b b Ii M �Y • i R r- RE: KIMOGENOR POINT, INC. (BINGHAM)-#6550 • ARCHER-photo# 9 � r ....►.rw wi�wl�c�u�+rur+�..w.�,.w.rr.w w..•w... I I I 1 �i RE: KIMOGENOR POINT,INC. 5 � (BINGHAM) -#6550 FOX-photo # 10 'i 'E: KIMOGENOR POINT, INC. #6550 p i I a' I r— f� RE: KIMOGENOR POINT, INC. (BINGHAM)-#6550 POLLIO-photo # 12 ------------------------ /J/ J ii///J/J/ JJJ• - _ y RE: KIMOGENOR POINT,INC. (BINGHAM)-#6550 r BEACH BETWEEN# 5 & 6 �U I 77 C, RE: KIMOGENOR POINT,INC. (BINGHAM)-#6550 FROM BEACH To:Zoning Board ofAppeals hearing on June 7,2012 from:Patricia C.Moore Esq. Re.Kimogenor Point,New Suffolk N.Y. AREA VARIANCE REASONS.Daniel and Jackie Bingham (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: This house is one of 12 homes with a club house on land owned by the Kimogenor Point Corp which dates back to 1915. The subject house sits on a parcel 5.9 acres with 5 other homes. The addition on the east side of the house will complete the footprint in keeping with the architectural design of the other homes(see photographs);The alignment of the porches maintains the New England style of the structures and is extremely important to this community. The proposed design conforms to the architectural style which characterizes Kimogenor Point. The owner has modified their plan and will retain 25% of the existing dwelling,The existing walls to be retained will require substantial alteration to comply with the NYS Building Code. The improvements must meet the Energy Code,for example there must be an upgrade to the windows(double glaze),also Hurricane standards are required for windows(wind resistance)and strapping of the structure. These improvements will be required to the remaining structure. (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 house has a second floor and the second floor additional space is over the existing structure. To maintain the architectural character of Kimogenor Point which includes wrap around porches and a particular shape of the house to remain. The footprint of the house can not be exactly"in place";additional square footage is required to meet the New York state residential code: 1. Some rooms will be enlarged: Room sizes do not meet code: (existing first floor bedroom is 66 sq.ft. & second floor bedroom is 68sq.ft.) These rooms do not comply with state code minimum of 70 sq.ft.)(R304.2). 2. Stairs are made conforming 3.Windows must be egress windows and must conform to the energy code and hurricane standards. 4. Under the NY Residential Code a seasonal house is made conforming by adding heat & energy compliance. The building department may not issue a building permit for a"seasonal dwelling"where the house will be occupied between September 15 " and May 15'h . (11303.8). The existing house is used throughout the year,except during the coldest season. (3) The amount of relief requested is not substantial because: There is no change to the use density since the number of residences is not changing.The Kimogenor Point development is a unique community which has their own interior roadway and infrastructure. The improvements are being made within the 75% standards recently adopted by the Town Board. The proposed improvements are maintaining the existing setback from the bulkhead. The improvements are landward of the internal driveway in Kimogenor Point. On the wetland side, the Kimogenor Point Homes are all in line-their wrap around porches maintain a common setback line. This setback will be maintained. (p5so It is extremely important to the Kimogenor Point community to maintain architectural character of the homes, with the wrap around porches, as well as the common distance to wetland, the proposed construction conforms to a common development plan. Improving the home will benefit the community financially:the stock of the corporation,based on sales of the units,relies on preservation of the homes. See value of homes based on recent sales. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The improvements will be a favorable effect on the physical and environmental conditions of the neighborhood. The sanitary system is being improved,the extent of the sanitary improvements will depend on the work done to the home. The rain water will be captured in new dry-wells. (5) Has the alleged difficulty been self-created? ( )Yes,or (X)No The homes in Kimogenor Point have been repaired and expanded over the years,with Zoning Board review and approval. I.e.Archer Appeal #5654 3/10/05&Pollio variances were granted. Buying into this community one of the un-renovated homes requires a significant investment for upgrades& improvements. Are there Covenants and Restrictions concerning this land: X No. Yes'(please furnish copy). Thepropeny is a c-op corporation and operates pursuant to operating agreements; the plans have been reviewed and approved by the Kimogenor Point Company Board of Director(letter). 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. V lam - IN JAM _ f1 �0� dam MEML ra- 1 t r r f f ';; �i �;/` � ..,,a �•�, _,''� ,'ice Ps 07 ,So v 7"11 ele't-47'1255)14 Or'ApPEALS Ar I id 1 �w i } , _ - .- .cr �.-•ter N,r �.,� -�%> 1.1► �. r�.+,(f d,�t #'.'��,l.r'try - 4 G-!� ;a K- � ��,2 "aity� ,',',, - - - VIP- - - ..� F1.`, � �•..f1' a. .�,� � ✓ 1 � �,:``d �`�,:� �e �`J.'�. +�;�,��1.i aa;4tM .,.4, -:rL J1'� •�j�� _ 7. _ ,:�.�. �T,�. .r,! ...,1',:,�✓ r.w.t � r',^,v°. ^?-a..'`Sr r _ r r a t"�++Sr,V," r`:4 4 �i i,4 r•�.:t 'Y"It �] '�f„ ly��S.r _t� .� � .;f rM1 :•,� +`{ � f�•�. �. " L��'y,ti"..'' �r,\'Ali.1 `t_A �_�.fi� t. 'r} 'yam •,�' } j r� � .� =e+ i �, .* �t ~• R `� � g y� f`, � �- i �' P,y�""�' ate '�.: �, a�_.. � .�+ #�, 17' tt: .`�• � `.;�„� 'K'' t +>c ei�'�, � > � t� .•N yr��. >i. , ,i w'' James F.King,President ®F S®(f j�, Town Hall Annex Bob Ghosio,Jr.,Vice-President ,�®� ®�® 54375 Main Road P.O.Box 1179 Dave Bergen d Southold,New York 11971-0959 John Bredemeyer soy Michael J. Domino � ® y� Telephone(631) 765-1892 ® Fax(631) 765-6641 l�Coum), BOARD OF TOWN TRUSTEES �� � TOWN OF SOUTHOLD CIEZVED FEB 0 0 2012 January 18, 2012 110AR®()F AppEgLS Mr. Tom Samuels Samuels & Steelman Architects 25235 Main Road Cutchogue, NY 11935 RE: DANIEL & JACKIE BINGHAM 50 JACKSON STREET, NEW SUFFOLK SCTM# 116-6-24.1 Dear Mr. Samuels: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, January 18, 2012 regarding the above matter: WHEREAS, Samuels &,Steelman Architects on behalf of DANIEL & JACKIE BINGHAM applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated December 21, 2011, and, WHEREAS,.said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 18, 2012, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, - RECEIVED ,2 FEB 0 9 2012 BOARD OF APPEALS WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of DANIEL & JACKIE BINGHAM to reconstruct the existing dwelling with a new addition and new septic system; with the condition that the most seaward proposed drywell be relocated outside Trustee jurisdiction; and as depicted on the site plan prepared by Samuels & Steelman Architects, last dated December 21, 2011, and stamped approved on January 18, 2012: Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $100.00 Very truly yours, JJes F. King � President, Board of Trustees JFK/eac o�Og�FFO[,��o ELIZABETH A.NEVILLE,MMC h� Gy Town Hall,53095 Main Road TOWN CLERK C* P.O.Box 1179 y = Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ` _0 .F Fax(631)765-6145 MARRIAGE OFFICER y RECORDS OF MANAGEMENT OFFICER ��! .�� Telephone n.no 7 fork. 0 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: February 14, 2012 RE: Zoning Appeal No. 6550 Transmitted herewith is Zoning Appeals No. 6550 of Thomas Samuels for Kimogenor Point, Inc:the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Thomas Samuels Dated February 9, 2012, Four Pages of Application to the Southold Town Board of Appeals#5654 Dated December 8, 2004, Authorization Letter from Daniel &Jackie Bingham to Thomas C. Samuels to Represent Them in this Matter Dated December 7, 2011,Notice of Disapproval from Building Department Dated January 19, 2012, Copy of Google Map of Property, Ten Pages of Property Record Cards (Both Sides),Two Page of Findings &Deliberations from Board of Appeals No. 5654,Notice of Disapproval from Building Department Dated September 29, 2004, Seven Pages of Photos of Property, Two Page Copy of Action Taken by the Board of Town Trustees Dated January 18, 2012, Copy of Survey Showing Wetland Notes and Topographical Survey Dated September 22, 2011 Prepared by Nathan Taft Corwin III Land Surveyor, Three Pages of Plans Showing Elevations, Site and Floor Plans Dated February 8, 2012 Prepared by Samuels & Steelman-Architects. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 2-13-12 ZBA# NAME OF APPLICANT CHECK# AMOUNT TC DATE STAMP Tom Samuels for RECEIVE® 6550 Kimogenor Point, Inc. 16258 $1000.00 F E B 1 4 2012 TOTAL $1000.00 Sent via Inter-Office to Town Clerk by: ES Thank you. SAMUELS&STEELMAN ARCHITECTS o4/O6 THE BRIDGEHAMPTON NATIONAL BANK 16258 25235 MAIN ROAD CUTCHOGUE,NY 11935 CUTCHOGUE, NY 11935 50-666/214 PH. 631-734-6405 2/9/2 012 0 PAY TO THE M ORDEROF Town of Southold I *'1,000.00 O O One Thousand and 00/100*********************************************bOLLARS M Town of Southold :Z :.h D Cq 'Z 0 0 MEMO NP Bingham Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/14/12 Receipt#: 125990 Transaction(s): Reference Subtotal 1 1 ZBAApplication Fees 6550 $1,000.00 Check#: 16258 Total Paid: $1,000.00 Name: Samuels, &Steelman 25235 Main Rd Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID:6550 S A M U E L S & S T E E L M A N June 8, 2012 RECEIVED Zoning Board of Appeals Town Hall Annex JUN 8 012� Southold, NY 11971 BOARD OF APPEALS Re: BINGHAM RESIDENCE Kimogenor Point, New Suffolk, NY SCTM# 1000-116-6-24.1 Attached please find six (6) sets of revised SITE PLANS and BUILDING ELEVATIONS showing the project as an additions and renovations project, per your request. Thank you, T46wt$ Tom Samuels ARCHITECTS 25235 MAIN ROAD CUTCHOGUE,NEW YORK 11935 (631)734-6405 FAX(631)734-6407 RECEIVED S A M U E L S & MAY 222012 S T E E L M A N BOARD OF APPEALS May 22, 2012 v Zoning Board of Appeals a... J'�cu't- Town Hall Annex Southold, NY 11971 g ARP` Re: RENOVATIONS AND ADDITIONS TO THE BINGHAM RESIDENCE Kimogenor Point, New Suffolk, NY SCTM#1000-116-6-24.1 Dear Sir/Madam, Enclosed please find materials required for an APPEAL for an area variance. Please find the following: Six (6) prints of FLOOR PLANS showing new, removed and existing to remain walls, all shown tinted with color, as requested. Thank you, Tom Samuels ARCHITECTS 25235 MAIN ROAD CUTCHOGUE,NEW YORK 11935 (631)734-6405 FAX(631)734-6407 BOARD MEMBERS OF soar Southold Town Hall Leslie Kanes Weisman,Chairperson' �� y� 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P. Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Ken Schneider I�C�U Nov Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 July 9, 2012 Tom Samuels 25235 Main Road Cutchogue,NY 11935 RE: ZBA Application#6550, Kimogenor Point Co. Dear Mr. Samuels: Transmitted for your records is a copy of the Board's July 5, 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. Sincerely, Vicki Toth Encl. Cc: Building Dept. kD b J RECEIVED JUN 0 5 2012 /n BOARD OF APPEALS June 4, 2012 Re: The Bingham Residence on Kimogenor Point, New Suffolk, NY Southold Town Zoning Board of Appeals Southold,New York Dear Members of the Zoning Board of Appeals: I have been asked to supply information on the recent sales of ownership interests in Kimogenor Point Company("KPC"). KPC is a real estate co-operative with twelve shareholders. In addition to a 1/12th interest in KPC, each shareholder has a perpetual lease interest in a residential home owned by KPC located on Kimogenor Point, New Suffolk. It is the home subject to the perpetual lease interest that creates the vast majority of the value for each shareholder's KPC interest. The three most recent sales are as follows: 2011 Sale of Harrison KPC interest to Adler/O'Neil $1,500,000 2010 Sale of Riccoboni KPC interest to Marsh $2,495,000 2005 Sale of Fletcher KPC interest to Bingham $1,675,000 Sincerely, William W.Archer President Kimogenor Point Company C11- RECEIVED JUN052012 BOARD®F APPEALS May 26, 2012 Re: The Bingham Residence on Kimogenor Point,New Suffolk, NY Southold Town Zoning Board of Appeals Southold, New York Dear Members of the Zoning Board of Appeals: The Kimogenor Point Board of Directors have reviewed the original Bingham renovation plans with the shareholders of Kimogenor Point Company. The Kimogenor Board of Directors has also reviewed the revised plans for the additions and renovations project that the Binghams subsequently submitted to the Southold Zoning Board of Appeals. On behalf of the Kimogenor Point Company,kindly accept this letter which acknowledges the Kimogenor Point community's full and continuing support for the Bingham project. Sincerely, William W.Archer President Kimogenor Point Company 0 20._ 'l APRIL19, 2.Q12 .I,. SUFF.OLKTIK4ES COM . d coin lca a Lin941ow re u.i New Suffolk ro ect:p. raises uestions y BY BETH YOUNG I STAFF WRITER.- •:,_ny's iconicwindmill and replace it with :a new house sporting a,larger porch. For the tiny community of Kimo-. The`Southold Town building de- genor Point m'New'Suffolk, change, partment denied the application,and -�__... comes with'a heavy'dose of.n'o'talgia.` the matter is currently before the Zon- The community of about a doz ingBoardofAppeals, en bungal.ows,.set on a spit of land i The corporation 'is :seeking re- at the entrance to Vest Creek, was lief from:two sections of the town built-in 1915-•far before zoning or -code: Because the existing building most of the modern land practices in is a non-conforming use, it cannot, ' Southold today. by Iaw, be:enlarged,,reconstructed, The houses sit on just two separate structurally altered or moved unless parcels of land,both owned.by the Ki- it is.changed to`a conforming use. - _ mogenor Point Company.Homeown- The .application.also does not meet ers in the summer colony hold shares the required'setback of 75 feet from of stock in the company instead of the�bulkhead.on West Creek. deeds to their houses. Most of the Bill Archer of Huntington,listed on 4 homes are unheated: ZBA documents as the corporation's aEri�vouricpHoro Earlierthisyear,`thecorporationfiled contact person, did not return.calls The houses-on KimogenorPoint m New Suffolk predate zoning and are not up to current papers to tear-down Dan and Jackie for comment. building codes The owner's of this home hope to tear it:down and begin again. Bingham's cottage just west of the colo- "The waterfront property is ex- tremely valuable and it warrants an up-to=date House," Cutchogue archi- • • • - tect Tom Samuels,who represents the company,said in the variance request. He added that the new house will be L0�0. . A. -�IF RASSOCIATION inkeepingwithtliestyle,scaleandde- . . . t4fl.of th&existing homes and will materials and methods that meet cur- THE'CWO}ICE OF PROFESSIONALS :FOR .OVER 10'0-YEARS rent'buildingcodes. Th. .,... .. .._,.. ,...::, ._ ..; .. : o ship cture and e weer` stru e YOUR SOURCE•FORp... . ,. development predate zoning, and We /. /: much of the floor.plan increase is an Topsoil; potting soil, garden manure, „ t premium compost, cedar mulch, open:porch, he application says. / / < Its the only parcel in-town with mul- w black mulch, red mulch `:Mole Max.and now Chase mole repellent tifamily residences on a single lot in •"Organic Healthy Grow fertilizer for,gardens an R-40 zone." / ..-:Organic lawn program Dynaweed The lesser setback from the bulk- so corn.gluten and Mealthy.Start 1-2-3 head is also common among the hous- PLANTS: Broccoli, lettuce, cauliflower,. es on the peninsula,according to the documents.The applicants say they p cabbage available. would like to keep the lesser setback .FLOWERS: Azaleas, rhododendrons:now in stock r because it will keep the front porches of the houses.in=line on the Peconic See our huge section for everything you need.for your garden and lawn. Bay side of the.property,which has a at an greater setback from thew water than that on the protected creek. Town Local Waterfront Revitaliza- We:have a full line of Sold-CQlu5A tion coordinator Mark Terry has al- products including felltilizer and lime. �: pito ready raised some concerns about the Blended .•:Bulk •Mini Bulk Bagged application. • • •' bag "Residential structures in these ar- ' s eas have the potential to suffer high ' ' loss and pose hazards to life and property during high winds and surge 1 ' ' storm events," he wrote in a letter to ■A complete line of BONIDE® ■We carry'some of file _: the ZBA earlier,this month.He added lawn.care and garden products best vegetable seeds` . STEP ONE CRABGRASS CONTROL that he was concerned.that.the project involved a,23.5.percent expansion of is available at� reat prices. money Bari buy. tlie•footpnnt ofthe house;though that STEP.TNIO 'WEED AND AED !_Deer repellents from Liquid Fence®, footprint does include the new,porch. r�.ar�arromrc.n.w ■Repellents formoles and voles. The zomng board is scheduled to STEP THREE INSECT CONTROL discuss'the matter again at its May 3 �,'i mP.Ptinor r ' BOARD MEMBERS OF SO!/T - Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road!-P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P. Goehringer Town Annex/First Floor,Capital One Bank George Horning iQ 54375 Main Road(at Youngs Avenue) Ken Schneider COMM M Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD A Tel. (631)765-1809•Fax(631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 7, 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, 63095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY. JUNE 7, 2012: 2:00 P.M. - KIMOGENOR POINT, INC. (BINGHAM) - #6550 — (Adj. from April 5, 2012) Request for Variances from Article XXIII Code Section 280-123 and Article XXII Section 280-116 and the Building Inspector's January 19, 2012, Revised May 3, 2012 Notice of Disapproval based on an application for building permit for 1st and 2"d story enlargements and alterations to a seasonal dwelling at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, located at: 50 Jackson Street New Suffolk, NY. SCTM#1000-116-6-24.1 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: Vic ki.TothO.Town.Southold.ny.us Dated: May 7,-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 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, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: bq:Hsouthtown.northfork.net May 7, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,June 7, 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 May 21 st: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown,on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us as soon as possible; AND not later than May 28th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record. as proof of all Notices. 2) Not Later May 30th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before June 5, 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. NUTI �. E U-1F HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road , Southold: NAME KIMOGENOR POINT, INC . ( BINGHAM ) #6550 MAP # 11 6 . -6-24. 1 VARIANCE NONCONFORMING BLDG/USE; SETBACK REQUEST ENLARGEMENTS & ALTERATIONS TO SEASONAL DWELLING DATE : THURS , JUNE 712012 2 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM - :'OVIHG BO. ARD =T n., llwl�' OF SOUTHOLD 765 = 1 809 #10710 �kX 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 24th day of May, 2012. Principal Clerk Sworn to before 11:10 A. M. .- JAMES WILLSE day of j 2012. #6569-'Request for Variance from Ar- ticle III Code Section 280-15(B),based on an.application for building permit __- and.the Building.Inspector's.March 14, LEGAL NOTICE 2012 Notice of Disapproval concerning SOLJTHOLD.TOWN. addition to accessory garage at; total ZONING BOARD OF APPEALS square footage at more than the maxi- THURSDAY'JUNE�7,,2012 mum code allowable of 750 square feet, PUBLIC HEARINGS' located at:1665.Mill Creek.Drive (adj. NOTICE•IS'HEREBY GIVEN,Our- to Arshamomaqu6:%nd)Southold,NY. eL VO6LINSKI suanttoSection267oftheTownLawand SCTM#io00-51=6-31:4 NOTARY PUBLIC-STATE NEW YORK Town Code Chaptet•280(Zoning),Town 1130 A.M.-EDWARD'J CONNER of Southold,the following public.hear- #6566-Request for Variance from Arti- NO, 01�06105050 fines will'be'held by.lhe..SOUTFIOLD cIeXXIIISection280-124andtheBuild- 61UQ11}IAd In Suffolk COUB}y TOWN ZONING BOARD .;OF AP. mg Inspector's March 20,2012 Notice of PEALS at the'Town Hall,%53095 Main Disapproval based on an application for 2.00 P.M.- KIMOGENOR POINT .tes Febmdry 28,2016 Road, P.O. 'Box 1179, Southold, New building permit to construct a deck ad- INC.(BINGHAM)-#6550-(Adj.from York 11971-0059, on `THURSDAY dition to existing single family dwelling: j April 5,.2012) Request for Variances JUNE 7.2012: 1)less than the code required minimum from Article XXIII Code Section 280- Carryover Hearings,continued from rear yard setback of 35 feet-located at: 123 and Article:XXII Section.280-116 prior meetings and pending additional 1200 Gillette Drive East Marion,'NY. and the,Building Inspector's.January information:; SCI'M#1000-38-2-13 19,2012,Revised May 3;20i2 Notice of Adjourned ::from Public .Hearing 11:50.A.M.111SA.and ANTHONY Disapproval based'on an-application for March L 2012 SAMMQ#6565- Applicant request building permit for Ist and 2nd story en- 10:00 A.M.—HERNAN MICHAEL" a Special Exception under Section 280- largements and alterations.to a seasonal OTANO(BREEZY SHORES)#6525 13B(14). The Applicant is the owner dwelling at;1)a nonconforming building 10:30 A.M. - SOUTHOLD#656'1- IHS_ nonconformingrequesting authorization to'expand an containing a nonconforming use shall TORICAL SOCIETI'' uest Accessory.Bed and Breakfast, acces- not be.enlarged, reconstructed, struc- for Variance-from Article X Code Sec- sory and incidental to the residential turally altered or moved,.unless such tion 280-46(bulk'schedule),based on an occupancy in this single-family dwell- building is changed to a conforming use, application for building permit and the ing,with four (4) additional bedrooms 2)less than'the code required bulkhead -Building Inspector's March;9,2012 No- for lodging.and serving of breakfast to setback of 75 feet,located.at:50 Jackson tice of Disapproval concerning proposed the B&B casual,transient roomers for a Street New Suffolk, NY SCI'M#1000- front porch addition to existing building total of'five:(5)'.bedrooms.Location of 116-6-24:1. locatedIn the HB District,at;1)less than Property:7490 Alvalis Lane'Cutchogue, The Board of Appeals will hear all the code required minimum front yard NY SCI'M#1000-101-1-14.4 persons or their representatives,hear all setback of 15 feet,2)less than the code Carryover Hearings,continued from persons ing to s r their arepr h hearing,and/or required niinimi m�side!yard setbair- ck of prior'meetings and pending additional desiring to.submit written'statements 10 feet,3)less.than the code required to- information: before the.conclusion of each hearing. tal side yards of 25 feet,located at:54127 Adjourned Iron•1'nblic Hearing May Each hearing will'nbtrstart earlier than es Main Road Southold,NY SCI Iv1#1000- 3,2012 designated aboyd..M are available for 61-2-7.2 106°P.M RICHARD MEYER- review during:regular business hours 1050 A.M.-JUDITH GRECO#6568 HOLZ#6556 and prior to'the day of the hearing.If - Request for Variance from Article 1:30 P.M.= ANTHONY and DAN- you have questions;please contact our XXIII Code Section 280-124,based on any IELE CACIOPPO#6571-Request for pplication for tiuildin Variance from Article III Code Section office at, ,(631;) 765-18A4, or by email: a g pemrit and the Vicki.Toth@Town.Souihold.nyus. Building Inspector's July 8,2011,updated 280-15 arid"the Building :Inspector's Dated:lVlay 7,2012`';' March 7,2012 Notice of Disapproval con- April 23,2012 Notice of Disapproval ZONING BOARD OF APPEALS ceming"as built"deck addition to exist- based on an application for building per- LESLIE KANES WEISMAN,CHAIR- ing single family dwelling,at;1)less than mit for an accessory shed;1)front yard PERSON the code required minimum front yard setback at less than the code required 40 BY:Vicki Toth setback of'40 feet,2)less than the code foot setback,2)location other than the 54375 Main-Road(Office Location) - required minimum rear yard setback cede permitted front yard or rear yard 53095 Main Road(MAing1USPS) of 50 feet,located at:2450 Laurel Way on waterfront property,located at:1455 P.O.Box 1179 Mattituck,NY.SCTM#1000--121-4-19 Inlet Way (comer Cedar Point Drive Southold,NY 11971-0959 East)(adj.to Fairhaven Inlet)Southold. 10.710-1T 5124 NY.SCTM#1000-924-4 BOARD MEMBERS *OF so Southold-Town Hall Leslie Kanes Weisman,Chairperson p ��� 53095 Main Road-P.O. Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard R Goehringer G • Q Town.Annex/First Floor,Capital One Bank George Horning �O� ,�a� 54375 Main Road(at Youngs Avenue) Ken Schneider yOwn 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, APRIL 5, 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, 63095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, APRIL 5, 2012: 2:30 P.M. - KIMOGENOR POINT, INC. (BINGHAM) - #6550 - Request for Variances from Article XXIII Code Section 280-123 and Article XXII Section 280-116 and the Building Inspector's January 19, 2012 Notice of Disapproval based on an application.for building permit for demolition and construction of a new single family dwelling at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, structurally altered or moved, unless such building is changed to a conforming use, 2) less than the code required bulkhead setback of 75 feet, located at: 50 Jackson Street New Suffolk, NY. SCTM#1000-116-6-24.1 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.TothO-Town.Southold.ny.us . Dated: March 5, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53096 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 0512912012 11:05 MOORE LAW OFFICF9 IFAX)6317654643 P.0031003' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK ----------o-ov�v------------------- In the Matter of the Application of (-S i"M� AFFIODF V1T (Name of Applicant) MAILINGS CTM Parcel #1000- (p - a !I --v---------- ----YY-------------v-_---�vv-X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, PC- eG66siding at RVt\)eC:- f � New York, being duly sworn, depose and say that: On the V day of MA'4�-, 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 record 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) Sworn to before me this 2�1 , day of N\A� , 2012 CONNED.BUNCH P Notary Public,State of New York (�t� � No.01 BU6185050 Qualified in Suffolk County ,.,�� (Notary Public) commission Expires AP6I 14,2_L� PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. agSi93mfa W •Il'i�tM .�-rz� C� . co TD Illy —(o TUw�^--C°�¢� Postal , Postal Ser lam CERTIFIED eT. ■ e TrJj ■ c (DomesticY r r :r r r•rCovell I. s r - Provided ' w f1- 1� E�N ra Postage $ $1.30 4935, Postage $ $1.30 49 q Certified Fee a sd�. Certified Fee $�.95 4 \ $2�95 ru rU Postmark ` Return Fee ,� Postmar O Return Receipt Fee d 35 Hera C3 (Endorseme n Requi red) � 3�j Here p (Endorsement Required) • rn 77g r d�ggt� —{ • ;1 Restricted Delivery Fee $4 44 � UV (Restricted Delivery Fee d� '.'` Endorsement Required) $4.40 (Endorsement Required) �{� C3 n c O Total Postage&Fees $ $6.60 o Total Postage,&Fees, $ Ij Off` Sent To, Sent To 1 C3 ------ 11 Wli --- --- ----- Stree;A T " C3 Street,A o.; �r f\ � - '^� (y � PO Box No. Z (/�/� ---------------------- or or PO Box No. O O� Q --"L!3TaP, �}`') ---- -- -r-•--.'"�--- City,State,Z/P+4 •-- Fl-`!!!.. N J J --- City,State,ZIP+4 ] �3• -""-•-'-••`""•'-'•"' / 1)7 PS Form :,r rr. _ :rr rr. - -- — -a. Postal U,S. Postal Servicil CERTIFIED e . CERTIFIED e N1 (Dornel Afaft • .•. Ir • • r :r r r-r i Ct t iDGt1E iVir 1 9 • A L U r�3'• E S(R1:03THOL iV1�17 s �o Postage $ $1,34 Postage $ $1.30 `,093 ,i /��. rl g / ]9 Certified Fee i--$2.9 J Certified Fee $2.95 !4 ` n j J fl 1 y ostmark 1 � Return Receipt Fee PO�� Return Receipt Fee $2.35 y ',Here ur! p (Endorsement Required) $2.35 42 C3 (Endorsement Required) �y O w r-3 Restricted DeliveryFee ,p 00 C3 Restricted Delivery Fee (Endorsement Reuired) $0.00 4. O ` (Endorsement Required) S 6�tp I rl- t~ $b.b0 4/20: ;,-a TotgtPostage&Fees $ $6.60 4 QS :Total Postage&Feesrq $ ra Sent To Fsent 0p --- r-R Street,Apt.No.j ----- - - 0 r=I or PO B oQpt. 0.:x No. --------------- City,State,ZlP+4 e,ZIP+4 ,`,'l�_ ;�^ Uk u lY1 �[J :.r .r. SECTIONSENDER: COMPLETE THIS COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. (r\\ ❑Agent Its Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. D to of D ivery ■ Attach this card to the back of the mailpiece, CL �e la a or on the front if space permits. fro Yes D. Is delivery address different m item 1? gyp\ 1. Article Addressed to: If YES,enter delivery address below: ❑No -Tom alr � I i v t 6• 3. Service Type t� 1J 9 Certified Mail ❑Express Mail Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7010 1670 0002 1168 9267 (transfer from service label ----- 1o25s5-o2-M-15ao - — PS Form 3811,February 2004 Domestic Return Receipt y • ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sign e item 4 if Restricted Delivery is desired. -' ,, _ y ❑Agent ■ Print your name and address on the reverse X 'elf ressee so that we can return the card to you. ecei a ame)i C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. Z_I Wl- D. Is delivery dWs different e_m 1?-.❑Ye 1. Article Addressed to: If YES,(,'� elivery address w+ ❑No MAY 2 5.2012 3. Service Type SP ertified Mail ❑Express Mail Registered ❑ Return Receipt for Merchandise "+ ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number - - (Transfer from service/abeq '7 010 100 =2 116_8 9274 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete Sig ture item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B, R eived by(Printed Name) C. Da" ■ Attach this card to the back of the mailpiece, i of D livery�" a or on the front if space permits. D. Is delivery address different from Rem 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No 3. Service Type Pl Certified Mail ❑Express Mail Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ( 7 010 1670 0002 116 8 9281 1 transfer from service/abet) -- -- __ PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 - ------------- COMPLETE - • ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse X J6ddressee . so that we can return the card to you. B. eiv by d ) C. ate o Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from Rem 1? Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No wL Ayc4� 3. Service Type I�Certified Mail ❑Express Mail l� L`j Registered ❑ Return Receipt for Merchandise 11 )q3 ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number, ; (rransfer from service',a6eq`' ' 7 010 16 7�' 0 0 p:2 1168 ;9 2 5 Q _ PS,Form 3811,February 2004 Domestic"Return Receipt_ 102595.02-M-1540 TOWN OF SOUTHOLD �-t Lk0aeAJpYL ZONING BOARD OF APPEALS 5�� SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING 1h Jame of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- (Q 'a�• COUNTY OF SUFFOLK) STATE OF NEW YORK) �� I 1, I V h/L Sep h4 kxJ residing at � rh.91- N o,UJ ` QK — ,,New York, being duly sworn, depose and say that: _. On the day of , 2012) , I personally placed the Town's Official Poste , with the date of Wring and nature of my application noted thereon, securely upon my propdo, located ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven(7) days prior to the date of the subject hearing date, which hearing date was shown to be &WOL . (Signature) Sworn to before me this Day of �- , 201�)L, IA RL",t HA �� Qk �'O ay ��.^';`: ; State o Naa -J Yr,�,. (Notary Public No•.01 R160424li7 &Mllfled In Suffolk County COMMISslon Ei-pi°e3 May 30 —Q Z * near the entrance or driveway entrance of mproperty, as the area most visible to aslerb . yr y i �VI'L RECEIVE® #10597 STATE�\ OF NEW YORK)SS: BOARD or-APPEALS 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), successively, commencing on the 22nd day of March, 2012. Principal Clerk Sworn to before me this 0A day of ),,�1,2012. CHRISTINA VOUNSKI NOTARY PURl,IC-STATE OF NEW YORIC NO- U I VOb I a:i0; 12:00 P.M. - JUSTIN SWARTZ and Qfjoflflo-v In Sllffplk.( JOANNA WEINER-#6549-Request for M( Crehtiill,Slp(, @xplrBa Fib„ Variance from Article XXIII Section 280- . 124 and the Building Inspector's Decem- LEGAL NOTICE ber 20,2011 Notice of Disapproval based SOUTHOLD TOWN ZONING family dwelling at:1)more than the code on an application.for Building permit to BOARD OF APPEALS, permitted maximum lot.coverage of 20%, construct additions/alterations"and deck' THURSDAY APRIL 5;2012 located at:4205 Breakwater Road(corner addition to existing single farnily.dwelling: PUBLIC HEARINGS. East Road)Mattituck,NY SCIM#1000- 1) less than the code required minimum 230 .PIyL _ IQMOGENOR POIN NOTICE.IS HEREBY.GIVEN,.pur- 106-3-6 rear yard setback of 50 feet;located at:275 INC.(BINGHAM)-#6550-Request for suant to Section 267 of the Town Law and 11.00 A.M.-GLYN and MICHELLE Back Lane(aka Private Road#5)Orient, Variances from Article..XXIII Code Sec- Town Code Chapter 280'(Zoning);Town WEIR - #6546 _ Request for Variance NY.SCIM#1000-17-4-26&11.1 tion 290-123 and Article XXII Section of Southold;the following public hearings from'Article XXIII Section 280-124 and 1:30 P.M. - THOMAS and IRENE i. 28¢1.16 and the Building Inspector's Janu= will be:held by the;SOUTHOLD TOWN the Building Inspector's December 7,2011 KALOGER?1S:= #6554 .Request for ary 1.9,2012 Notice of-Disapproval based... ZONING'BOARD OFAPPEALS.at the Notice of Disapproval based on.an appli- Variance from.Article XXIII Section 280- on an application for building permit for: ; Town Hall,53095 Main:Road,EO.Box cation for building permit to construct ad= 124 and the Building Inspe''ctor's Febru demolition and construction of a new i 1179,Southold;New York 11971-0959,on ditions)alterations to existing single family ary 15,2012 Notice of Disapproval"based ' single family dwelling at;1)a nonconform THURSDAY"APRIL&7012 .' ' _ dwelling: 1) less than the'code required on an application for building permit to 10.00 A.M -KENNETH SEIFERTH minimum iear yard setback of 50 feet;lo- construct:alterations and"as built"deck ing building containing a nonconforming 06551- _.G,Request for'Vanance from Ongi- cated at:5200 Mill Road(aka SS50 West addi�ion to existing'single family dwelling: use shall not be enlarged,reconstructed, nal ZBA"Grant#6504 and the Building Mall Road Cox Neck Road) Mattituck, 1)less than the code required iriinimurn structurally:altered or moved,unless such Inspector's February 7, 2012 Notice of NY.SCTM#1000-106-6-7 side yard setback of 15.feet;located at building is changed to a conforming use, Disapproval, g' on.amended pIs.lans.for 1L•20 A.M.-GLENN HEIDTMANN. 700 Sound Beach Drive.(on Long.Island 2)less than the code'required bulkhead the accessory garage at,-1),the demolition 46548-Request for Variance from Sound).Matt4uck,NY SCTM#lOQO-99-1- setback of 75 feet,located at::50 Jackson and reconstruction area devtatidn of the. A.xucle XXIII Sedei6 i.280-124 and the 10.1 ' Street New Suffolk,NY SCTIv1'#J000-116- original ZBA grant allowing additions and ' B„ild,r,g Inspector's January 30 2012'No- L50 P.M. PHILIP MARC O-#6552- 6-241 altemdons,-located at 2000 Nassau.Point nce of Disapproval based on an appiiCa- Request for variance'front"Artlele XXiII " The Board of Appeals will hear all per- Road (adj,.to Broadwaters Cove) Cu- hon fpr buildutg pertntt lot as buiX'?dk1d. Section 280-124 and the Building Inspec- sons or their representatives,desiring to be tchdgude NY.SC.][Mh 1d440 1-1. hot tttb;addtuon,tC�agstjng snigle,fattply . tor's February 13,2012 Notice of Disap- heard at each,hearing;and/or desiring"to lOSA A.M.'-OLIVER and GI OHIA dwelhng.,1 less than the Code re tttrgd proval.based on an application for build- submit written statements before the,con- SELIGMAN-#6555:$egtrest for\/ari- tear yard setback vf's (tN ing permit for"as built'deck-addition to clusion of'each hearing.Each hearing will anee.from Article III Section 280r1,5 and sated at Ct( Albaepte Dnxi 6reetlpott existing single family dwelling.l)less than not start earlier than designated above. the Building Inspector's February_$,2012 S #1 .�r?a ✓r " the code _required. minimum rear yard Files are available for review during regu- Notice of Disapproval`based on at appli- 1140 A IyI DE A1tT OF NA`TCl1tE..' setback of 66 feet;located at 458dIndian lar business.hours and:prior to the day of cation for building permit:to,construct an LLCLCC66541 Request for Vanattees fram Neck Road Peconic,NY.SCIM#w1000=98. the hearing:If you have questions,please accessory two car garage and an iri-ground Artlele;.:III Code S,ecttrins"2$013E1(2), 1-5.4 contal t our office at,(631)76571809,or by swimming pool.at 1)location other than basedoinanapplicattonforbuildutgpetaiiit 2:10 R M. - WILLIAM TOIVYES _ email Vicki:Toth@Town.Southold ny the code required rear yard,located at and'the'Bundmg,Inspe'ctoc's December #6553-Request for Variance from Article Dated;March 6,2012 - 385 North Cross Road (corner.Holden 29,2011Notice of:Dtsapproval concerning III Section 2&15 and Article'XXIII Sec- ZONING BOARD OF APPEALS Avenue)-Cutchogue; .NY SCTM#1000 ro osed.addrtions/altC ations to.existing tion 280-124 and the Ppildin Inspector's LEST IE KANES WEISMAN,CHAIR- 103-13-29 P P g S: greenhouse.structure and stew office trail- December 28,2011 Nopce.of Disapproval PERSON 10.40 A.M.'= DAVID IL THORN­ ers,at;1)less than.the code iequired front based on an application for buddirig:pertnit BY Vicki Toth TON and JANET E.DAVIDSON#6543 and setback of feet 2 less than the for an accm-o ara a at: location other• 54375 Main Road Office Location Request for Variance•from Article y ) ryg g ) ( ) code required miniinim,side yard setback than the code:required rear yard,2)lot cob°' 53095 Main Road(MaiUng/USPS) XXIII Section 280424 and the Building of 20 feet;3)more than the code permitted erage more than the code permitted 20% P.O.Box 1179 Inspector's January.18, 2012 Notice of maximum lot coverage of20%,located at: maximum,located at:75 8th Street(co Southold,NY 11971-0959 Disapproval based on an application for 23423 Middle Road (CR48) Cutchogue, ner of Front Street)(aka 717 Froni'Stteet) 105 -1T 3/22 building permit for additions to a single NY,SCTM#1000-84-1-1.OA. ; Greenport NY.SLIM#1000-4R-i-R - NiyTIi. E UF H E�► RI [V 0 The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: FAME KIMOGENOR POINT, INC. ( BINGHAM ) #6550 f1AP # 11 6 .-6-24. 1 VARIANCE NONCONFORMING BLDGIUSE; SETBACK REQUEST DEMO/CONSTRUCT NEW DWELLING DATE . , THURS , APRIL 5 , 2012 2 : 30 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . _0 R' I Mr BOARP =TO�OVIM OF SOLITHOLD 765= 1 809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS )CID, (Name of Applicants) SCTM Parcel# 1000- fl COUNTY OF SUFFOLK STATE OF NEW YORK I, qa4y a— residing.at New York, being duly sworn, deposes and says that: On the 1�� day of M� - , 2014 I personally mailed at the United States Post Office in C. ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUEST tD, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the(Assessors, or( ) County Real Property Office for every property which abuts and is cross a public or private street, or vehicular right-of-way of record, surrounding the a licant's pr erty. (Signature) Sworn to before me this 'al day of d" NM Ck , 20 1 Notary Public, State of ew York No.01 BU6185050 v�(� Qualified in Suffolk County Commission Expires April 14,2 dl (Notary Public) PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. CER WIED MAIL, RECEIPT �• (DomesticOnly; r coverage Provided)._ r i @ i Postage $ $1.30 t n � l % ;� Certified Fee ?• �� i Pos Jq C3 Return Receipt Fee Her C ` 2 (EndorsementRequired) $2.3 6R8 DA—� �� ) J Q Restricted Delivery Fee S '' 1+ (Endorsement Required) $Q.�J> VVV O ATotal Postage&Fees $ $6.60 /L$01� se nt To C3e Tom Wickham.&Others-------------------------- or PO BoxNo.r•�• BOX 928 wv-A s(DF` Ciry,state,zi'l7U�CIIOgUe, IV i 1��JJ---------.• ------•----- • l 1�� - 't,i.r r r. See Reverse for InstructiorMill N� m• e . ■ f l •. • r . .. r .-, CO cur U t� s 11 3A Lr j '� Postage $ $1.30 0 9 8 ) V Certified Fee f ru $2.95 p Return Receipt Fee a1stmark i M (Endorsement Required) $22.35 ^ ere 111Y v v r ( r �• +,rj Restricted Delivery Fee ! (Endorsement Required) ��00 \ Total Postage&Fees $ $6.60 03� �1 Sent To o Ernest W. Case --- r ----------- -- 3 p�-+ Street,Apt.No.; P•Q• I7b -2C7J ••••---- � or PO Box No. i*,,'State,ziP+a C`rttChogi�e;'I�IY- '=1.935........................ U.S. Postal Service-r. A ■ {���.J Ir • No insurance coverage Provided) rq Postal SOUTIN� 21' li A ro r=1 (Domestic mail• ! Postage $ $1.30 Certified Fee $2 95ru ca NUiQ i 147 TtON NY ra3 i A Y U E p (EndorseO Return Receipt Fee & 4 ment Required) $2.35 Here p ! Restricted Delivery Fee Y� ,q Postage $ $1.30 0935 M (Endorsement Required) $0.00 0 Certified Fee $2.95 _ 3 5-9 9 q� 7` ; \ lamar _a Total Postage s Fees $ $6.60 03/15/201c _ Cp Return Receipt Fee 1 � 0 (Endorsement Required) $2.35 are Sent To SOU O Own er p 0 Restricted Delivery Fee - d 1 ---------•--- 1 p Street,Apt. 6WTTOf"SOl1tI1OItI O Endorsement Re wired $0 QO r P- or PO BOx O:BaX 1' 9---------------------------------...------ � Total Postage&Fees $ $6.60 City StAtB, IP+y '§Out old NY 11971 Sent To :•r ��• E3 `�± street,ApEC-le-W►Ilfamt1- 1-Gher------------------------------------- or PO BOX N g Green_M��d4w Ln------------------------------- City, untington, NY 11743 PS Form :rr August 2006 See Reverse for Instructions r TOWN OF SOUTHOLD �I ZONING BOARD OF APPEALS6 -� SOUTHOLD,NEW YORK /�,AFFIDAVIT �,� oG�_ m� UR- OF In the Matter of the Application of POSTING iL� -- Gi 1M,�1 o►v�: (Name of Appli ants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- Mo_ ay; l COUNTY OF SUFFOLK) STATE OF NEW YORK) I, fin}V1�,� �IIM� S residing at New York, being duly sworn, depose and say that: On the day of Ma 201:)�personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)-facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days ior to the date of the subject hearing date,which hearing date was shown to be r f (Signature) Sworn to before me this Day of ►'� , 201Q— (Notary Public) 1010 �a� (p Su- L:L�'p * near the entrance or driveway entrance of my property, as the area most visible to passerby. SENDER:COMPLETE THIS •V COMPLETE THIS SECTION ON DEUv�y ■ Complete items 1,2,and 3.Also complete A. Si nature item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes •( 1. Article Addressed to: If YES,enter delivery address below: ❑ No Klmogen C/o William Archer 29 Green Meadow Ln. l I NY 11743 3. Service Type Huntington, ,i(Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. N_ 4. Restricted Delivery?(Extra Fee) ❑Yes v, t N 2. ArticIdNumberj j I i 1 1 't i7 10' 1716704' 0`2 1168 91s51 r z (Transfer 6m'serv)ce/abeq _._ _---- --- --- -- - ` ❑ o ❑ o PS Form 3811,February 2004 Domestic Return Receipt �' ,102595-02-;M=1540 T a ----� E n w N SENDER: • •N COMPLETE THIS SECTIONON• / a 7 V, � � u� o� ci ■ Complete items 1,2,and 3.Also complete A. Signature I ro rn item 4 if Restricted Delivery is desired. ❑Agent v � ■ Print your name and address on the reverse ❑Addressee a - >_ urn the,card to you. so that we can return ro ! R B. ceived by(Punted Name) C. Da of elivery R ■ Attach this card to the back of the mailpiece, ( � I or on the front if space permits. ` w /� ( u °' 16 D. Is delivery address different from Rem 1? El Yes a w Z �' c •N a 1. Article Addressed to: v >- If YES,enter delivery address below: ❑ No w = (a ❑ ❑ 0= C Tom Wickham & Others ° 6 � � ;_ o P.O. Box 928CC Cutchogue, NY 11935 P 3. Sirvice Type ! r 1 I o0 Certified Mail ❑Express Mail LO O ❑ Registered ❑Return Receipt for Merchandise Ch ❑Insured Mail ❑C.O.D. 0) E3 y 4. Restricted Delivery?(Extra Fee) ❑Yes IE N `to 2. Article Number (L Z N (Transfer from service taboo 7010 1670 0002 1168 9144 (a) c) 00 ?` - ---- — -- --- - ---' N 4) CO PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 rn o XO w C m c N • DELIVERYL � E b y M 00 -' LU 0- m i ` ■ Complete items 1,2,and 3.Also complete A. Signature iXJI � o � � o item 4 if Restricted Delivery is desired. x ❑Agent f od LL ■ Print your name and address on the reverse ❑Addressee f N a so that we can return the card to'you. _ _ - .__j ■ Attach this card to the back of the mailpiece, B. Received )rimed Name) C. Date of Delivery I or on the front if space permits. � I D. I delivery addres tem 17 q Yes 1. Article Addressed to: Leo If YES,enter Oi�e�ij address bol : ❑No ' Southold Town Clerk 1 Town of Southold MAR 16 2012 P.O. Box 1179 --" Southold, NY 11971 3. Service Type 'Ercertified Mail ail ❑ Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes I 2. Article Number- - - I (Transfer from service Iabetj' 1 7,010 16`7 0 0 0 0,2 (116`8 r912 0' {I PS Form 3811,February 2004 Domestic Return Receipt :toz5ss;o2-M-lsan'1 ' 0S _JNING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959. (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork-.net March 5, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday, April 5, 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 Suffolk Times. 1) Before March 19th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center,.Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than March 26th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later March 28th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before April 3, 2012. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation's,,.(PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. Office Location: h0�*of SO��yol 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 • �� Southold, NY 11971-0959 p, COUNT`I http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 February 13, 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 # 6550 Owner/Applicant : Kimogenor Point, Inc. Action Requested: Demolition and construction of a new single family dwelling. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Lesli K. eis an ZB C irper n By: Encls. • I 4, Office Location: riF SO yol 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 9,y�OUM`1,�� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 February 13, 2012 t), FEB 1 3 2012 Mark Terry,Principal Planner LWRP Coordinator - 1 Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. # 6550 Kimogenor Point, Inc. 1000-116-6-24.1 Dear Mark: We have received an application for demolition and construction of a new single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map,project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very tru yours, Lesli eisman Cha' er By: Encls. i ——_ LINE MATCH - LINE' N 306,raz ---- -----------z?------C --- --�—'-�ra e w 0' FOR PCL.NO. 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