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OF Azec i sYsa 1r72E�-" P slw to a Ad- 10 i I ? G i a 33 -- ��/ �o/, �,�les� 444Aor r"eKyin/!o� I i i r BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �OF $�UTy 53095 Main Road•P.O.Box 1179 �!� Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer 1 Town Annex/First Floor,Capital One Bank George Horning ,'�'c► • a0 54375 Main Road(at Youngs Avenue) Ken Schneider OIiYC- Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD CE VE ,3 7 Tel.(631)765-1809 •Fax (631)765-9064 v� J T 2 3 2012 FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 18,2012 Sou hold Town C erk G ZBA FILE: 6593 NAME OF APPLICANT: Richard Downing PROPERTY LOCATION:1280 Bayberry Road(adj. to a lagoon) Cutchogue NY SCTM#1000-118-2-10 i 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 August 227, 2012 stating that this application is considered a matter for local determination as there j appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency I review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy 1 Standards. The LWRP Coordinator issued a recommendation dated September 26, 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 CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. I PROPERTY FACTS/DESCRIPTION: Subject parcel is located in the R40 zone district and contains 33,394 square feet buildable area, and is improved with a two story dwelling, accessory garage and shed. It has 50.00 feet of frontage on Bayberry Road, 441.14 feet along the southern property line, 110.16 feet on a Lagoon and 418.67 feet along the northern property line as shown on the site plan prepared by Mark K. Schwartz,Architect dated June 20,2012. BASIS OF APPLICATION: Request for Variances from Article XXIII Section 280-124 and the Building Inspector's June 26, 2012 Notice of Disapproval based on an application for building permit for demolition and re- construction of a new single family dwelling at: 1) less than the code-required minimum side yard setback of 15 feet; 2)less than the code required combined side yard setbacks of 35 feet. RELIEF REQUESTED: The applicant requests variances to demolish and reconstruct the existing dwelling with a minimum side yard setback of 9.5 feet where the code requires 15 feet and a total side yard setback of 25.3 feet where the code requires 35 feet total combined. ADDITIONAL INFORMATION: Subject parcel was before the Zoning Board with two prior decisions. The first in 1971 #1484 for location of an accessory building in the front yard and was given a conditional grant, and in 1977 j #2339 for accessory in-ground swimming with insufficient side yard area which was granted. Additionally,a letter ' I I Page 2 of 3—October 18,2012 ZBA File#6593-Downing CTM: 1000-118-2-10 • I was received from an adjoining property owner with concerns about the applicant's survey measurements, proposed generator location and construction debris and runoff on their property. I FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 4, 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 i 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties because the character of the house is consistent with neighboring houses and the setback will remain as they have existed for many years. The lots in this neighborhood I is are generally long and narrow and several homes have non-conforming side yard setbacks similar to this request. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing house, with the existing setbacks, was constructed to take maximum advantage of the water view. The applicant proposes to reconstruct on approximately F 2/3 of the existing foundation so that the view of the water will not be diminished. 3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 33% relief from the code with respect to the minimum side yard setback and 30% with respect to the total side yard setback.However,the percentages will not change with the approval of the proposed request. i i 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant will be required to meet on site drainage codes. 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. I i 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a reconstructed house while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all'of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Weisman (Chairperson), and duly carried,to GRANT, the variances as applied for, and shown on the architectural drawings labeled Site Plan S-1, Partial Site Plan S-2, dated June 20, 2012, and elevations labeled A-1 —A-3, floor plans labeled A-4a-4b, 5a, 5b, all dated June 18, 2012 and prepared by Mark K. Schwartz AIA Architect,PLLC. 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. I Page 3 of 3—October 18,2012 ZBA File#6593-Downing CTM: 1000-118-2-10 i l 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),Dinizio,Schneider,Horning. Absent was:Member Goehringer. } This Resolution was duly adopted(4-0). j i Leslie Kanes Weisman, Chairperson Approved for filing/d /yy /2012 i i r i r I I i i r NO WELLS W/1150' REVISIONS: SCTM No. 1000-118-02-10 = OF 5EP1IC SYSTEM OGElIV_V DEC osmrzolo LOT 119 NASSAU POINT CLUB PROPERTIES, INC. SECTION B (FILE 789, 09/26/1924) MEETS AND BOUNDS BY: NATHAN TAFT CORWIN III LAND SURVEYOR DATED 10/14/2010i -0 aeyi ����i tiN •,=' N/O/F ElEANOR S.NOHE ` .r 45°56tQ11 E 0°60t0�t E DEVELOPEDOT 120CWATER) �O N 54048'0" E 14 U y 79,,.75,,. N 5404810" E 288.32'' a m EXISTING Otz `1 vrow a o(L at 3 LAGOON 'wt' iSY:Y: :'�:: :'t.,� :�;;-:fit °• EL u.r I mow° I t. 1 �':rk:: h. EXI ING ASP ALT FLOATING F%.nAMv -'.` \ -.,w..-t �- ..•,,k•:'k � d d d r d o • r t�l .hi:!�' ,tulKTO t d J FC CE 441.�4' •��� oNro itLL " �Fp n / / n Fp°E OF CIFA CE / h PROPOSED ADDITION z DEVELOPED(PUBLIC WATER) LOT 118- SITE PLAN LOT COVERAGE DATA G DESCRIPTION: AREA: LOT COVERAGE: EXCAVATION: FILL: p �oyo4 SCALE: 1" = 40'-0' PROPERTY 33,394 SQ. FT. 0.767 AC. A EXISTING HOUSE (REBUILD) 1,974 SQ. FT. - (SEE BELOW) (SEE BELOW) EXISTING POOL 540 SQ. FT. 1.6% - - EX.WOOD DECK/PORCH 2124 SQ. FT. 6.4% - EXISTING DETACHED GARAGE 858 SQ. FT. 2.6% - - EXISTING SHED 248 SQ. FT. 0.8% - - FINAL MAP P CONK HOUSE (w/ADDITIONS) 2227.3 SQ. FT. 6.7% 400 CU.YDS. 100 CU.YDS. O BAY r PROPOSED PORCHES 285.8 SQ. FT. 0.9% 2 CU.YDS. 1 CU.YDS. b o REVIEWED BY ZBIA LITTLE SEE DECISIONS # PEBOAYIC /� EXISTING SEPTIC (REMOVE) 20 CU.YD. 135 CU.YD. o 00 DATED PROPOSED NEW SEPTIC 150 CU.YD. 130 CU.YD. A ��GEZ DRYWELLS/CONNECTS 40 CU.YD. 25 CU. YD. WATER LINE G � \� HOUSE UTILITIES vRECONNECTS) 5 CU.YD. 4 CU.YD. POOL UTILITY (RELOCATE) 10 CU.YD. 9 CU. YD. DRAWN: MH/M5 SCALE: )"=aa PROPANE TANK/CONNECTS 10 CU.YD. 7 CU. YD. une]oE0, KEYMAP �OP GENERATOR/CONNECTS 3 CU.YD. 2 CU.YD. J SHEET INUMBER: DRIVEWAY (ALTERED) 20 CU.YD. 15 CU.YD. S— LOT COVERAGE TOTALS: 6126 SQ. FT. 19% 670 CU.YDS. 437 CU. YDS. REVISIONS: DEC 05/27/2010 N. I(r Hit 1 45o56�p�� E 23' N 1 1� N 54048'0" E N EDGE FCL� 24 630 40►0' `F 23' 22' 21' o 11 7 9.7 5' 20' �C 50.6► 24 20' d 1 11 4' 6' R' 10' lY 14' 1 FXISnNG UPPER DECK �DGE OF CLEA NCE N 1 1 REPLACE DECK BOARDlfi RAWNG 1 I m q rAISnNG STRUCTURE 1 TO BE REMOVED 1 1 1 REPAIR DECK E%IMNO STRUCTURE ST DC NR DST TO BE RE OVED V 1 N E% NO E /�"^..,,,w TO BE REMOVED 22' ••* 1 EXISTING /! •.. k....: x a SHED b I REFLACESIDINO _ _ ,�•� e 6 ROOFING PORCH T1 mlP ww •. EXISTING POOL A°FNn c°a°u1RDSwus 3 a.:• °'•° �• •°O'°d�.'oe.° 1 I . off 1 1 EX.2 STORY FRAMED HOUSE / ° °. ° %. °. •l '. 1 d•e gip°:`Je:4ds:°d• .°de. Oe Al.°d•e °d�e :d•e. da 11 '� (NEW FOUNDATION) ° >'e .S .'e a"a, .•a .'e. .e.,p.' V) Il dp °0e•°de• °° °d °d° °de °de•°°0e O g.aLP - Q~ 1 �/� �`� T' � ALTERED ° / '�°Oe,•eaq•°a. .I ASHVAOUS• ° O I EP d•e•e ae a• DRIVEWAYLT \ EXISTING LOWER DECK o•e.o oa..o °° • .°d•e.s de.•.�d a TO REPAI ED RE 0. REPLACE DECK BOARDS G RARING : °° .p F��77 ,• E0.] 0 STAI 0.EPIA ET0. DS RAI LNG Y••°d'°'S ,D•e�'�C11E}le•°aro.°d E \ \ - .1 ERVLOUS°. C IRS& ND EX. P U FLOATING ° G •••,``•t 's.e ..°'� Y' !o' 1L-1 l I O\ EXISTING STRUCTURE •.r,• 1..'Vs. a.'e.• XISTI GSEPTICTO E REMOV D AND FILL P R SCHDS EQUIREMEN •9 �,.•'EX.WODD WALK // / O TO BE REMOVED C• RE- .. EX•CON °O°EROIFYL°ocAn 22' a RA CE 2. n IN FIELD w/OWN EDGE OF CLEA 22 Z EDGE OF � 21" , n' 16' 12' 14' 6055��p W PARTIAL SITE PLAN W 0 IS4 ( �I f SCALE: I" = 20'-0' .� 4 H AM o 00 FINAL RECE1vE® MAP 2 REVIEWED BY ZBA 00 AUG S 2012 SEE DECISION # DRAWN: MH/MS SCALE: I"=40' �FA�f� Jos a: BOARD OF APPEALS DATED 1�M/ to Jtme20,4012 CI ��o, l= ,v"�l I)-- SHEET NUMBER: I —2 S /' REVISIONS: pK 05/27/2010 N ■ ■ ■ ■ a a 0 h O � a Q � a r III l+i iPl III a I�, � n 11� 1■ E■ , +, j1 r; '� ,�� 9�i III IIII nl �i , II III � .�i 1�� ■ ■ ■ ■ �, ■ ■ ;�!� ;�!� �� Ali ���' ■ ■ ■ ■ ';�!� r rA z P EAST ELEVATION a SCALE: 1/8"= 1' w A� w Z a rn Z a ' O A� d FINAL MAP N N o EVIEWED By Z x '� ION ■ ■ ■ ■ nn ®. Q SEESECIS U 1 ■U■ ■ ■ ■ ■ ■ ■ GATED ) L � - o A p,EcElyED �5�� EXISTING EAST ELEVATION SCALE: 1/8"= 1' AUG $ 2012 DRAWN: MH/MS SCALE: V-40' JOB#: BARD O F AP P E AL- June 18,2012 SHEET NUMBER: A-1 REVISIONS: DEC 05/27/2010 i�ylu 6 0 U ^m q N �,• w �iniwniin nii!i i u Lc i I E SOUTH ELEVATION NORTH ELEVATION 0 SCALE: 1/8"= 1' SCALE: 1/8"= 1' w H �a P /k� RECEIVED o FINAL MA z REVIEWED BY ZBA AUG 8 2012 o SEE 0167-C1' 'ON # E BOARD OF APPEALS DATED CD U -ILL I 1 � c o o 3 0� A N EXISTING SOUTH ELEVATION EXISTING NORTH ELEVATION SCALE: V=4& SCALE: 1"=40' SCALE: 1/8"= 1' " SCALE: 1/8 —— 1 JOB a: June 18,2012 r SHEETNUMBER: A-2 NEE j �■■ I■1■■1■1 — ■■■■■,■■1■aa1 - ■■■■,■, loll No Imi moonloo I■■I I■■ -loll LOW low IMM ■■I lommim NMI NEI m■■■■,■ ■■■,■■■■■,■■lmimmimi is nomimmingn No ; male■■■ 204 on, lmli I in I■■■■„ r � �.1��1������1�� . m tmv®mnm�mmammmu®®ommommvvmvm.1■14������A,�m!)���OI �� �i' _ 11111IIIIIOOIMm®mwuunwwnwmmmmwmnwwuwmmgmppppnMp _ _ - _— mumomnn,l --- -- — ,unl,mimnlul I■r----- no �� 1 Illulllluullun llanllnllllul a■1 ,■a FIS' iuuumullll i !nnW nUW'nUW'I Wunnnlmnll ® WII WII ®® in „ „ „ INII ME �• iovumulmini --� L--- filiuunllnllnB �i' ❑ ❑ ❑ ,ii - ���� n,mnnmoiu llca,lun■ �miumlwmm I�I�III11 ®I mlmminun, ®IIIIII IUfl® �11® ®� on' „ „I „I �i IN-mi.� elm 1— -J - - --- -- l --- J,auululaun ��{{ ❑ ❑J Log] ------- - ------------- anlmunnmi- - - - ------- -- -- - - al,aluuu■ 11111� MIJ RIJ Inunu1101111116mmnmwannwmmnnmmmm�muanwwnwmmmllllululluuull � -��—_-------��� " • 1 rr���r� ��':�r��►i''�' uunnlmuauunmlllunmuumululuullumlminuuuunmuluu®Inuumumuuumuulr _�. �__�_ � uwww�muummunmuwwwwuwuuwnmuwnuwuuumummuunwuum t��i�•t� • FINAL MAP • SEE DECISION #REVIEWED BY ZBA IDATED_ID b i - ■❑W❑'LI Wa�Wlalnm 1 .REVISIONS: DEC 05/27/2010 \ o ............... ............... .......` .. U y � u a O zz \ a a� o Q � \ 00 ZO 10 BAR FINAL M P REVIEWE SEE pE BY BA �cisr DATED12 \ WO -' EXISTING 1ST. FLOOR PLAN Q SCALE: 1/8"= 1' ��` � EXISTING 1ST.FLOOR: 1930.2 SQ.FT. `�\ \RE IV E® �� EXISTING 2ND.FLOOR: 827.SSQ.FT. �� DRAWN: MH/MS \ TOTAL EXISTING: 2757.7 SQ.FT. \\ 0 SCALE: V=40' G JOB#: • —— June 18,2012 BOARD OF APPEALS SHEET NUMBER: A-4a REVISIONS: DEC 05/27/2010 / EXISTING DECK \ EXISTING DECK %/�1�� GENERAL 1.REMOVE AND REPLACE DECK BOARDS-THROUGHOUT. GRILL AREA 2.REMOVE AND REPLACE ALL DECK RAILING AND GATES. - PATIO ON GRADE 3.PORCH COLUMNS TO BE REPLACED. EXISTING POOL EQUIPMENT TO BE RELOCATED. _ _ - \ S.STEPS TO BEACH TO BE REPAIRED.REPLACE TREADS. ' ............... ... 6.SKIRT SUROUNDING DECK TO HAVE STONE VENEER. - - ---- "a \ :: .- .. --'---- EXISTING COVERED PORCH _____________• •-___._.____-.-., CATHEDRAL CEILING ' RELOCATE POOL EQUIPMENT y O n Sf0 BE SCREENED OFF) Q ___ ADH325&APW6050-ADH3250 • 3-ADM3250 r7 3-ADH3250 alUNd - S O 11 11 y IGHT STAINEDWOOD, O \ NA D81 O 11 11 DICE O \ CEILING:LIGHTSTAIN WOOD FE , IL - _-_------- — TEE-- UnRECEIVE® --------- ynry 1 I - AUG v 201 2 ° PORCH 11 'I•F---------_-r�-------------------------'- - M W \ HALF BATH 11 '1;1 11 �UALK-IN SEAT O CLOSET Ir-1 a cp::to to 0BOARD OF APPEALS , „ , " , ... -''--11 ` --- ENTRY ................ ........... - .................... S ® LNDRDRYY,P.M. - - -- ------''-- ------------ AM. NG iO w :MASTER BEDROOM a 19 R ® FINAL : Ell W MAP ° a ...... o .REVIEWED BY ZB \ COVERED PORCH .. + W ram+ 1.0 EE ........... DEPCIS/I/O�N # N UW O W �osE ® O WALL LEGEND 20-0" - 20'-0" / 1 ........... WALLTDBE REMOVED EXISTING WALL \ / ® WALL / \ DRAWN: MH/MS EXISTING 1ST.FLOO 1930.2 SQ.FT. P OPOSED 15T.FLOOR: 2165.0 SQ.FT. � � SCALE: 1"=40' NOSE: 1S1�:�I.:OOR PLAN PROJECT NORT JOB a: MENSIONS OF EXISi1NG WALLS ARE FRO INISHEO W / / S N I .:2X4-4W.2%6-61/2'.EX7.:2X4- '2X6-6•I EXISTING 2ND.FLOOR: 827.5SQ.FT. PROPOSED2ND.FLOOR: 1024.0SQ.7. / SCALE: IM' �'� Jlme 18,2012 DIM SIONSOFNEWWALLSAREFROMSTUDS TOTAL EXISTING: 27 7.7SQ.FT. 1 PROPOSED TOTAL: 3209.0 Q.FT. �� SHEET NUMBER: I EXT. IM.:2X4-3-1/2.2X6-5-lIl') ' / � \� A-4b REVISIONS: DEC 05/27/2010 21 ---------------- �--v-o988E'v6v-uiv6e'v-v'oG'e"v-eee6B-v-e've'vH'vi-e'v'e'v 2'a ESSi6i'mS6'e'v-vBi'a' g] a \ Q u C: a ..................................................... El ................................ ...................... �] O \ O rn rn \ ............................ .. ...................A................................................... 1 W o 19 o1 ------------------------------------------------------------------ -------- ---------------------- ------ ------------------------I FINAL MAP REVIEWED BY ZBA =� �� kHae.�eve»3.e:.•..9e...,gry SEE DECISION # ° W O EXISTING 2ND. FLOOR PLAN \ DA SCALE: 1/8"= 1' (, Cq �� RECEIVED AUG 8 2012 DRAWN: MH/MS SCALE: 1"=40' BOARD OF APPEALS '°B June 18,2012 SHEET NUMBER A-5a J' REVISIONS: DEC 05/27/2010 \ I`M�'� _ N! �I%���2, 12 n n Mi .a a M a4 * a T.H LT.HT A 369 4 O 00 V 4D a•vLr. a o Hr. eooxo.w BEDROOM No.2 BEDROOM No.3 6'd•PLT.Hf. OFFICE ® �16�`0�"1�(I11T`Ito°�' ® 14'-PXIt'•1P �! \ 4 te'd•xtrd• • 4 •.. 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TO REVIEW FOUNDATION w/ y ARCHITECT PRIOR TO CONSTRUCTION �� W R #5 REBAR a� 24 OC e.w. A F TO REVIEW AFTER EXCAVATED D 1 _iI ; S N PROJECT NORTH FOUNDATION PLAN NEW 4" CONC.N C. SLAB PROVIDE ALTERNATE PRICE � -I -' � - o _ FOR FULL BASEMENT � =-- ! _i===- E SCALE: 1/4" — 1' - i --- I I 04 16"X8" CONC. FTG. FINAL MAP j I I REVIEWED BY ZBA (2) #5 REBAR SEE DECISION # � L . DATED ( RECEIVED 1 DETAIL: B OCT - 5 2012 DRAWN: MH/MS SCALE: 1/4"=V-0" BOARD OF APPEALS JOB#: October 05,2012 SHEET NUMBER: I I I PAINTER TO FPRIME AND PAINT ALL DOOR EDGES TO MAINTAIN CONTRACTOR SHALL NOTIFY ARCHITECT OF ANY DISCREPANCIES BETWEEN THE DRAWINGS,THE SPECIFICATIONS,AND THE FIELD CONDITIONS,AND SHALL REQUEST CLARIFICATION BEFORE COMMENCING WORK. CONTRACTOR SHALL VERIFY ALL GENERAL CONTRACTOR TO COORDINATE MEETING WITH OWNERS FOR APPROVAL OF ALL GENERAL CONTRACTOR SHALL BE RESPONSIBLE FOR ALL BUILDING DEPARTMENT INSPECTIONS A 3 ! MANUFACTUIRER'S WARRANTY AND SHALL BE INSPECTED TO VERIFY ALL WORK. DIMENSIONS AND CONDITIONS AT JOB SITE,INCLUDING BUILDING AND SITE CLEARANCES FOR DELIVERY OF EQUIPMENT AND MATERIALS,AND REMEDY ALL DISCREPANCIES WITH ARCHITECT PIRIOR TO THE COMMENCEMENT OR CONTINUATION OF WORK. ROUGH ELECTRIC,PLUMBING,AND HVAC PRIOR TO INSULATING AND SHEETROCKING AND SHALL SECURE THE C of O PRIOR TO RECEIVING FINAL PAYMENT FROM OWNERS. I I I REVISIONS: DEC 05/27/2010 60, jr 1�1 C i1 o t It C,0561011 � 23 • r 63��/4iI DEVELOPED.(PUBLIC W 1 V 5mot' 48 0 E �l 4 EDGEO �L � c `Y' Ott E 23 -LOT,20- 79.75' B K J 11 t 2Z 6' 8' 10' 1T 14' 6 15 o 15' u; .: _ • 2S' : 2U' N C4048'0" E 18' IG' 14' �. � - - EXISTING UPPER DECK � .. REPLACE DECK WARDS c RAluHc _ - DGE OF CLEA NCE . .]�. EXISTING STRUCTURE ,• J ° - - - - Q TO PE REMOVED Qt y m CU ST 0.E➢AI0.DECK `'a.- ,.�h, E%ISTING STRUCTURE• .�7 m ,^`a Ex No i } TO BE RE D E� Ex woo0 RAMF D.W.8'dla.6'deep • O 0. a �•..r +�. - =O;EREAY)Am' DRYWELL lfl EXISTING _ _ _ _ _ % - _ ._ _ _ 3.5 CF cap. 2 W w '�y SHED _ PR�os U d so fi E1 z R r — — .� EXISTING 1 STORY ED ROOFING 1 i - — — — — — — — 2 CAR GARAGE P OPAA1FQfE TA K y.C v 1 - ,,•� &WORKSHOP ••. J 1 `B'dia.6'deep V. 20 EXISTING POOL °"•o"RD` •.; "6,• ° 53.3'CF cap. n• \ uw cauras • . °0.• %• •..'.aee•.°e •.°a.'.'a. \ EX.2 STORY FRAMED HOUSE 21' 6 Q (NEW FOUNDATION). '•,a.•_°pt-°-a•e'-a-e:°.a. °J°. a. .°J. .°°. . :°e. e.� W S:12YEBEQ °°°�°°�°°°• °° •°°e�°°'°�°°°'' H IN W za• _ w/ ia.8'deep to UP ALTERED O °°e'° e ° a YWELL I"PERVIOUS. I EP (FORD Y �•! ASPHALT °° '°°ro�° 338 capacity O 8 DRIVEWAY ` — EXISTIN6LOWERDECK ,°Q .°e°.•°a:•.S`a x ""� REFLACEDKK OARDS6 RAVING • ��' s - . 17 p" I STN TO RF4A °`p,•• rf A . REi'IA F AN RAI NG °a.e °°.°�S _ - e,a At�EItFb'°•.°a. °a 1�. F AMP E T BE A AS OUI - O. R J. J a 4%ISiI RER E E AND U I - '1 ``.. _ •1' °•� •a e % 'e '% % I'1� °- °IRE - -- - E 0 a D 8' a.4'deQp 16 •°• EwmNG uauRE— _ E OF ARA CE 117 4q, fy I I 1 .W. gRYWELL: _ _ _rOBEE tOVEO °.°a, °a: °a: oe `o: °m: _ EDG CLE N I �89 EF cap.�` \ ; / -- A. 'EX.V=DWALK E ISTIT�I, Q-1 1. v '• •• _--- TO BE REMOVED CONC•° - TILITY s�ia.''Eaeea. - EX• �9 EOOIEQUI „ D.W• 'DRYWELL •�`,• _ _ - RAN2 ° 9OLE . `ER EDGE'OF CLEA cE 22 OF ' 22 h; FD PARTIAL SITE PLAN � Q _. SCALE: 1" _ 20'-0' - x :D •.�V Q N DRAWN: MHlMS SCALE: I°-20' JOB p: June 08.2012 SHEET NUMBER: S 2 . OUNTY OF SUFFOLK = RECEMD SEP 0 6 2012 EJOARD OF.4ppEALS nk Steven Bellone SUFFOLK COUNTY EXECUTIVE. . Department of . Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment August 27, 2012 Town of Southold Zoning Board of Appeals PO Box 1179 Southold,New York 11935 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 Downing, Richard 6593 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK:mc H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 - \ �pF S0 OFFICE LOCATION: y0 MAILING ADDRESS: Town Hall Annex h0 l0 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) N �r Southold,NY 11971 @ Telephone: 631 765-1938 a0 Fax: 631 765-3136 OunAj ��' J \vim LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RED �3 EIVED MEMORANDUM SEP 2 6 2012 To: Leslie Weisman, Chair BOARD OF APPEALS Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: September 26, 2012 Re Coastal Consistency Review for ZBA File Ref RICHARD DOWNING #6593 SCTM#1000-118-2-10 A site inspection was performed on Friday September 21, 2012. The Board of Trustees approved the action in September 2012. The permit has not been written, therefore it is not enclosed. RICHARD DOWNING #6593 - Request for Variances from Article XXIII Section 280-124 and the Building Inspector's June 26, 2012 Notice of Disapproval based on an application for building permit for demolition and re-construction of a new single family dwelling at: 1) less than the code-required minimum side yard setback of 15 feet; 2) less than the code required combined side yardjsetbacks of 35 feet, located at: 1280 Bayberry Road (adj. to a Lagoon) Cutchogue, NY. SCTM#1000-118-2-10 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is . CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP provided the following is addressed: 1. It is recommended that the Board note that the area seaward of the 20' contour line is a "bank" a protected natural feature. No new action should,occur seaward of the contour. 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 FORM NO. 3 NOTICE OF DISAPPROVAL DATA: Jun. ET ED TO: Richard Downing c/o Mark Schwartz AUG 8 2012 P.O. Box 933 Cutchogue,NY 11935 BOARD OF APPEALS Please take notice that your application dated June 20, 2012: For permit for demolition and reconstruction of new single family dwelling at: Location of property: 1280 Bayberry Road Cutchogue,NY County Tax Map No. 1000 - Section 118 Block 2 Lot 10 Is returned herewith and disapproved on the following grounds: The proposed demolition and reconstruction of a new single family dwelling, on this non-conforming 33,394 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124; non-conforming lots, measuring 20,000 to 39,999 square feet , require a minimum side yard setback of 15 feet with a total of 35 feet. The site plan shows side yard setback of 9.5 feet, total side yard of 25.3 feet. Authorized. Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. RECEIVED AUG 8 2012 Fee:$ Filed By: Assignment No. EAI_S APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 1280 street Bayberry Road Hamlet Cutchogue SCTM 1000 Section 118 Block 02 Lot(s) 10 Lot Size .767 acre Zone R40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDIN INSPECTOR DATED (o�c)lp I Z�— BASED ON SURVEY/SITE PLAN DATED (.0 ,90 1 C7` Applicant(s)/Owner(s): Richard Downing and Janet Engels Mailing Address: 1280 Bayberry Road, Cutchogue, NY 11935 Telephone: Fax: Email: NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Mark Schwartz, Architect for�"�wnet1Other: Address: P.O. 933, Cutchogue, NY 11935 L�J Telephone: 631-734-4185 Fax: 631-734-2110 Email: mksarchitect@optonline.net Please check to specify who yo h correspondence to be mailed to,jrMuLAe above names: Applicant/Owner(s), 11/1 Authorized Representative, Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATEDJ(J�Q c)- and DENIED AN APPLICATION DATED W a- FOR: Building Permit Certificate of Occupancy ( )Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code. , f Article: �CX-/// Section: 079,0- I a`� Subsection: Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. A Variance due to lack of access required by New York Town Law-Section 280-A. Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal L"has,11 has not been made at any time with respect to this property, UNDER Appeal No(s).I q&j-I Year(s).7rl+—'77 . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA, # REASONS FOR APPEAL (additional sheets nnay be used with preparer's signature): RECEIVED t)�� AREA VARIANCE REASONS: A U G 8 2012 (1) An undesirable change will not be produced in the CHARACTER ottl'AM-Ml P 940PALS detriment to nearby properties if granted,because: An undesirable change will not be produced in character to the neighborhood or nearby properties because the character of the house is consistent with neighboring houses and is within allowable roof heights as required by the town (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 benefit sought cannot be achieved by method feasible because of use of occupancy. (3) The amount of relief requested is not substantial because: The amount of relief requested is not substantial because the proposed addition is not beyond existing structure outside the building envelope. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the existing septic system will be removed and a new one•installed. Drywells will also be installed to collect water runoff to reduce erosion. (5) Has the alleged difficulty been self-created? Yes,or�No. Are there Covenants and Restrictions concerning this land: r;�No.❑Yes(please frrrrrish copp). 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 0 IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE. COMPLETE THE ATTACHED USE VARIANCE SHEET. (Please be sure to • Your tt 1.) Signature of Appe r Authorized Agent (Agent must submit iNdikih Authorization from Owner) Sworn to refore me this day of 20_�—.. Notary Public VICKI TOTH Notary Public State of New York No.O1Y06190696 Qualified in Suffolk County Commission Expires July 28,201�f- RECEIVE® sr APPLICANT'S PROJECT DESCRIPTION AUG 8 20 V (For ZBA Reference) BOARD O Mark Schwartz, Architect 6/18/2012 APPEALS Applicant: Date Prepared: I.For Demolition of Existing Building Areas Please describe areas being removed: foundation(replace),2nd.floor,interior 1st.floor walls,exterior bumbout on south and most of east side of house.Roof changes throughout.existing decking and railing to be removed(replace) H. New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: overall:63'-6"south-north,40'-0"east-west Dimensions of new second floor: overall:63'-6"south-north,40'-0"east-west Dimensions of floor above second level: none Height(from finished ground to top of ridge):existina:20'-2".proposed:25'-0" Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: 8" III. Proposed Construction Description(Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 2 story house.partial full basement, 1st,floor:kitchen,living room,sitting area,den,master full bath 2nd floor:3 bedrooms,2 baths Number of Floors and Changes WITH Alterations: 2 story house. partial full basement, 1st.floor:kitchen, pantry, 2 baths,den, Ivq.rm.,sitting area, master bedrrm,den.2nd floor:2 bedroom office,2 baths loft IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 3080 sf(5744 sf W/decks,porches,pools) Proposed increase of building coverage: house increase 253.3 sf(total new W/existing:6126 sf)382 sf increase Square footage of your lot: 33394 sf Percentage of coverage of your lot by building area: 19.0 proposed(17.3 existing) V. Purpose of New Construction: expand uses of bedrooms and living areas and ceiling heights. improve exterior appearances of house,add drywells for storm water,replace decking,expand porch for roof balance. 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): construction area where existing house is-+/-5%,total site+/- up to 12%varies 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 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION RECEIVED A. she subigsj premises listed on the real estate market for sale? AUG 8 2012 'es 160 BOARD OF APPEALS B. Zthqp.�ny proposals to change or alter land contours? o es,please explain on attached sheet. C. 1)Are there areas that contain sand or wetland grasses? no 2)Are these areas shown on the map submitted with this application?yes 3)Is the property bulkheaded between the wetlands area and the upland building area? no 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? n/a Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? yes (Please show area of these structures on a diagram if any exist. Or state"none"on the above line,if applicable.) F. Do you have any construction taking place at this time concerning your premises? no If yes,please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? no If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel single family residential and proposed use single family residential x p1es: exi g: gle-family; proposed: same with garage or pool,or other description.) 0 e— Authorized Sign ur and Date 2/05; 1/07 PROJECT ID NUMBER 617.20 SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1-PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT./SPONSOR 2.PROJECT NAME Mark Schwartz,Architect Downing HOW &PROJECT LOCATION: Municipality Southold County Suffolk RECEIVED 4.PRECISERS -LOOCAT�N St pet and Road Intersections. Prominent landmarks etc -or provide maD C hQ AUG 8 2012 5.IS PROPOSED ACTION: UNew Expansion 21 Modification/alteration GARBefgLS 6.DESCRIBE PROJECT BRIEFLY: replace existing foundation,including proposed additions.Portions of existing house to be removed.Alterations, new 2nd floor,roof,siding, exterior openings, etc. as shown on plans.New septic (remove existing),new drywells for house, detached garage, and existing pool. Circular driveway portion to be modified.New generator,new buried propane tank,new waterline (replace existing),update utility connections, etc.Existing porch over deck to be expanded.replace/expand existing decking,fencing and gates at back yard, around pool.'Existing stairs at bluff to be repaired as required,replace treads and railing.Install cultured stone along perimeter of deck skirt.re- side and re-roof existing shed. 7.AMOUNT OF LAND AFFECTED: initially5744 sf acres Ultimately 6283.1 Sf acres S.WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? Eyes ❑ No If no,describe briefly: 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) Residential ❑industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open Space ❑Other (describe) % DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ❑Yes r177 No if yes, list agency name and permit / approval: 11.DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes r7lNo If yes, list agency name and permit / approval: 12. AS A JRESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION?' es 0 No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Date: Signature d D 7 1 2 If th a on Is a Costal Area,and you are a state agency, complete the oostal Assessment Form before proceeding with this assessment RECEIVED AGRICULTURAL DATA STATEMENT AUG 8 2012 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS WHEN TO USE THIS FORM. The form must be completed by the applicant for any special use permit,site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural district.All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1)Name of Applicant: KCl(k Sc,wa v+-L 2)Address of Applicant: 90 i.�10 2 3)Name of Land Owner(if other than applicant) 4)Address of Land Owner: Ta _ 5)Description ofP�ro"posed Project:'b.'10 & h?J^ 6)Location of Property(road and tax map number): 7)Is the parcel within an agricultural district? MNo El Yes If yes,Agricultural District Number 8)Is this parcel actively farmed?XNo El Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address 1. 2. 3. 4. 5. 6. (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance,when requested from either the Office of the Planning Board at 765-193 r the Zon' Boar of Appeals at 765-1809. ZR17'jg fL'e/��� Signature ofr ant Date Note: 1.The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation.Solicitation will be made by supplying a copy of this statement. 2.Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above.The cost for mailing shall be paid by the applicant at the time the application is submitted for review.Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 APPLICANT SACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same YOUR NAME: A0 R I (Last name,first naVne,middle initial,unless you are applying in the name of someone else or other entity,such as a company. If so,indicate the other person or company name.) NATURE OF APPLICATION: Check all that apply.) Tax Grievance RECEIVED Variance a Special Exception U G If"Other", 2012 name the activity: Change of Zone BOARD OF APPEALS Approval of Plat Exemption from Plat or Official Map Other Do you personally,(or through your company, spouse, sibling, parent, or child)have'a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5%of the shares. YES NO Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below)and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submi this 1 da of ( Z/ Signature Print Nam . AGENT/REPRESENTATIVE 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. 77-1 YOUR NAME• G✓ L .(Last name,first name,middle hfitial,udiess you are applying in the name of someone else or other entity,such as a� company.If so,indicate the other person's or company's name.) P RECEIVE® TYPE OF APPLICATION: (Check all that apply) A U G 8 2 12 Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion BOAR© OF APPEALS Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. / YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 01 day Qof/ U& ,20 Z— Signature C/�//� Print Name � �XL JGHL 14le �Z-'� Town of Southold RECEIVED � LWRP CONSISTENCY ASSESSMENT FORM AUG 8 2012 A. INSTRUCTIONS BOAR® OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 118 _02 _10 The Application has been submitted to(check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity,agency regulation,land transaction) ❑ (b) Financial assistance(e.g. grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: replace existing foundation, new additions, replace existing 2nd.floor, expand rear porch, re-side, new roof, new exterior openings, alterations, replace decking, railing, repair bluff stairs, re-side and re-roof shed and garage, new septic and drywells, new fencing at rear. Location of action: 1280 Bayberry Road, Cutchogue, NY 11935 Site acreage: •767 Present land use:single family residential Present zoning classification: R40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant:Mark Schwartz,Architect (b) Mailing address:P.O.933, Cutchogue, NY 11935 (c) Telephone number:Area Code( )631-734-4185 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No 0 If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ❑ (Not Applicable- please explain) This project entails relocating, additions and alterations to the existing single family home in a heavily developed neighborhood. Policy 1 is not applicable to the project. 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) The subject property does not contain nor does the project affect historic or archeological resources; nor is the project located in a historic maritime area. Policy 2 is not applicable to the project. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ❑✓ Yes ❑ No ❑ (Not Applicable—please explain) To the extent that this policy is applicable to the proposed project, visual quality and scenic resources will be protected at the site through the protection and maintenace of the well vegetated area buffering the developed portion of the site from the tidal wetlands of Little Peconic Bay Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No ❑ (Not Applicable—please explain) The project does not address nor affect erosion control structures or other erosion/flooding control initiatives. Policy 4 is not applicable to the project. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No ❑ (Not Applicable—please explain) The proposed project is consistent with Policy 5 via (3)three major project componenets; 1 -upgrade and relocation of the existing septic system more than 100 feet from wetlands to ensure effective treatment of sanitary waste;2-installation of a drainage system of drywells to control, manage and recharge stormwater runoff; and 3-retention of the existing vegetation on the bluff of the site to be protected from site disturbance during construction by a project- limiting fence and staked haybales. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. ✓❑ Yes ❑No❑ (Not Applicable—please explain) This project will be consistent with Policy 6 for the same reasons described for Policy 5; because there will be no loss of wetlands and because the statutory and'tbgulatory requirements of both the Southow mown Trustees and the New York State Department of Conservation will be complied with. 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) The project will neither affect nor have an impact on air quality in the Town of Southold, Policy 7 is not applicable to the project. 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 0 (Not Applicable—please explain) The project will neither create nor rrequire the handling of solid waste or hazardous substances. Policy 8 is not applicable to the project. 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. ❑ Yell No❑ (Not Applicable—please explain) The project is limited to the upland portion of the property, public access and recreational use of the adjacent coastal waters and public lands and resources will not be affected by the project. Policy 9 is not applicable to the project. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑Yes ❑ No ✓❑ (Not Applicable—please explain) The project neither proposes nor affects water-dependent uses. Policy 10 is not applicable to the project. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No❑ Not Applicable—please explain The project neither proposes nor affects commercial or recreational fisheries or other uses associated with the living marine resources of Long Island Sound. Policy 11 is not applicable to the project. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑Yes ❑ No❑✓ Not Applicable—please explain The project site is neither situated on nor adjacent to agricultural lands. Policy 12 is not applicable to the project. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ✓❑ Not Applicable—please explain The project affects neither the use nor development of energy and mineral resources. Policy 13 is not applicable to the project. Richard Downing 1280 Bayberry Road Cutchogue, New York 11935 631 -734-7684 RECEIVED June 13, 2011 AUG 8 2012 BOARD OF APPEALS To Whom It May Concern: I, Richard Downing, authorize Mark Schwartz, AIA — Architect, to act as agent for permit applications to the Southold Town Board of Trustees, New York State Department of Environmental Conservation, Suffolk County Department of Health and the Southold Building Department. I also consent to inspection of this property by the aforementioned authorities. The proposed residential construction project is located at 1280 Bayberry Road, Cutchogue, New York (SCTM# 1000-118-02-10). Sincerely, Richard Downing date: � ( 1-7 � ` TOWN OF SOUTHOLD, NEW !CORK DATE ..M�.i�i.w....�✓, 1977 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2339 Dated September 16, 1977 /r) ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mrs. William J.. Fleming Appellant 109 Stewart Avenue Garden City, NY at a meeting of the Zoning Board of Appeals on October 13, 1977 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:50 P.M. (E.D.S.T.) upon application of Mrs..William J. Fleming, 109 Stewart Avenue, Garden City, New York for. av variance in accordance with the Zoning Ordinance, Article ITT, Section 100-30 C 2(a) and Bulk Schedule for permission to con- struct swimming pool with insufficient side yard area and modification. of fence requirements. Location of property: Bayberry Road Ext. '(PVt. Rd.) , Nassau Point, Cutchogue, New York; Lot 119, Nassau Point Re-Sub. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE RD LD ZONING BOARD OF'APPEALS 1 FORM ZB4 • (�03 After investigation and inspection, the Board finds that the applicant requests permission to construct swimming pool with in- sufficient side yard and modification of fence requirements, Bay- berry Road Ext. , Cutchogue, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Mrs. William J. Fleming, 109 Stewart Avenue, Garden City, New York, be GRANTED permission to construct swimming. pool with insufficient side yard and ' modification of fence requirements, Lot 119, Bayberry Road Ext. (Pvt. Rd.) , Nassau Point, Cutchogue, New York, as applied for, subject to the following condition: The southerly fence must conform to the Ordinance. The locking device on the gate shall remain as is as long as the present occupants use the house. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. RECEIVED AND FI1XD BY THE SOUTHOLD TOWN CLERK �k ?awn of Southold TOWN OF SOUTHOLD, NEW YORH DATE!ran.' bt.. 1972 ACTION OF THE ZONING BOARD OF APPEALS 603 Appeal No. 3464 Dated December4, 1971 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Thomas Nancy Appellant 35 Jefferson Street Garden City, New York at a meeting of the Zoning Board of Appeals on January 6, 1972 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (A) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection ................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 7:45 P.M. (E.D.S.T.), upon application of Thomas Muncy, 35 Jefferson Street, Garden City, New York, fora variance in accordance with the Zoning Ordinance, Article III, Section 300, Subsection (6), for permission to locate accessory building in front yard area. Location of property: west side of Bayberry' Road, Lot No. 119 on Map of Nassau Point Club Properties, Amended Map "B" No. 789, Cutchogue, New York. Fee paid $5.00. 2. VARIANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or ttaaecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector( ) be confirmed ( ) be reversed. SEE REVERSE I -1 /�. ZONING BOARD OF EALS FOR ZB4 ( _.. .1 I I �c[' �r $�ecam.f? �J - Marjorie McDermott, Secretary Southold Town Board of Appeals After investigation and inspection the Board finds that the applicant requests permission to locate accessory building in front yard area on property located on the west side of Bayberry Road, Cutchogue, New York. The findings of the Board are that topographical conditions on the southwest portion of the lot make it impractical to construct a garage in the legal rear yard area; and that the garage would be located in a heavily wooded area and would not be seen from the road. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all, properties alike in the immediate vicinity of this property and In the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of .the Ordinance. THMWORE IT WAS RESOLVED Thomas Ylancy, 35 Jefferson Street, Garden City, New.York, be GRANTED permission to locate accessory building in front yard area on property located on the we'st.side . of Bayberry Road, Cutchogue, New York, subject to the following conditions: 1. Garage shall b® located at least 200 feet from Bayberry Road. 2. Garage shall be located at least three feet from the southerly line of the property. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. FORM NO. 4 ell O TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspector Town Hall AUG 8 2012 Southold, N.Y. BOARD OF APPEALS UPDATED CERTIFICATE OF OCCUPANCY No Z-23793 Date JULY 25, 1995 THIS CERTIFIES that the building ACCESSORY Location of Property 1280 BAYBERRY ROAD CUTCHOGUE, N.Y. ` House No. Street Hamlet County Tax Map No. 1000 Section 118 Block 2 Lot 10 ! Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 18, 1976 pursuant to which Building Permit No. 8923-Z dated OCTOBER 18, 1976 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY INGROUND SWIMMING POOL-WITH ATTACHED DECK & FENCE ENCLOSURE AS PER ZBA APPEAL #2339 DATED 10/13/1977* The certificate is issued to ANNE A. & WILLIAM J. FLEMING (owner, lessee or tenant) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-334754 - APRIL 27, 1977 i PLUMBERS CERTIFICATION DATED N/A *THIS UPDATES CO Z-10154 DATED SEPTEMBER 22, 1980. su,ioging Inspe for Rev. Val FORM Na 4 TOWN OF SOUTHOLD RECEIVED��j- BUILDING DEPARTMENT Town Clerk's Office A U G 8 2012 Southold, N. Y. BOARD OF APPEALS Certificate Of Occupancy No. Z 19.0. . Date . . . . . . . . . . . . . . . .3. . . L.G'. ., 19��. •. THIS CERTIFIES that the building located at f?.Fla . . .:3AY BFR�!Y. . !�lftreet Map No"..—7f 9 8. Block No . . . . . . . . . .Lot No. . . . . ,/.o. . . . . . . . . . . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . . . . . . . /.Y.S�19. .7. pursuant to which Building Permit No. ?-- dated . . . . . . . . . . . . . .�.Y.Sr r 19. ,f was issued, and conforms to all of the require. ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . .A - -�kCC. C. SSO R�. . .�U!�-R r!V.C-- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . .777�!.6 I`l S . . ���V A lC (owner, of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . N. ) . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE No. . . . . . . . . . . . -��... . . . . . . . . . . . . . . . . . . . . . . HOUSE NUMBER . . . . . . . Street . . . . . � S. PR . . .`R a.�.� . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. .0 T.C.�.0.6r. .V.�. . . . . . . . . . . . Building Inspector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT �� RECEIVED-�� 1 Town Clerk's Office Southold, N. Y. AUG g 2012 BOARD OF APPEALS Certificate Of Occupancy No. ?�926. . . . . . Date . . . . . . . . . . . . .Dec. . . . ..S . . . . ., 192R. THIS CERTIFIES that the building.located at .Bayberry. -Road .(pvt). . . . . Street Map No. Na .IFPta. Block No. . . . . . . . . . .Lot No. . :119 . . . N.Y.. . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . .Dec • •9• • • • • •. 197.1. . pursuant to which Building Permit No. .5701+y . dated . . . . . . . . .Jan . .3 1. . . . . . 19.72., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . .Private. garago. .(aceassory). bU1 d1zg. . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . .Thomas .Money. . . . . . . O=er . . . . . . . . . . . . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval N r$ . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE No. . . . .N•..R.. . . . . . . . . . . . • • • • . . . . . . • • • • • • • • • • • • HOUSE NUMBER. . .1280. . . . .Street. . . . .Bayberry. -Road. . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 1 Building Inspector FORM NO. 4 TOWN OF SOUTHOLD DEPARTMENT J BUILDING DEPARTMENT office of the Building Inspector Town Hall RECEIVED Southold, N.Y. PRE EXISTING A U G 8 2012 CERTIFICATE OF OCCUPANCY No Z-23789 Date JULY 21, 1995 BOARD OF APPEALS THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 1280 BAYBERRY ROAD CUTCHOGUE, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 118 Block 2 Lot 10 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER 2-23789 dated JULY 21, 1995 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING The certificate is. issued to ANNE A. & WILLIAM J. FLEMING (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A ;PLEASE SEE ATTACHED INSPECTION REPORT. Building Inspector Rev. 1/81 BUIL DEPARTMENT TOWN SOUTHOLD HOUSING CODE INSPECTION REPORT LOCATION• 1280 BAYBERRY ROAD CUTCHOGUE, NEW YORK number 6 street municipality SUBDIVISION MAP NO. LOT(s) NAME OF OWNER (s) ANNE A. h WILLIAM J. FLEMING ��2 OCCUPANCY A-1 RES. OWNER type owner-tenant ADMITTED BY: PETER TOLLNER SAME RECEIVE® ACCOMPANIED BY: KEY AVAILABLE SUFF.CO. TAX MAP NO. 1000-118-2-10 SOURCE OF REgUEST: WILLIAM J. FLEMING DATE: MAY 13, 1995 AUG Q 2092 DWELLING: WOOD FRAME 2 GARD OF APPEALS TYPE OF CONSTRUCTION # STORIES / ERIT FOUNDATION CONCRETE CELLAR CRAWL SPACE TOTAL ROOMS: 1ST FLR: 4 2ND FLR. 3 3RD FLR. BATHROOM (s) 3 TOILET ROOM (s) UTILITY ROOM PORCH TYPE DECK, TYPE WOOD PATIO BREEZEWAY FIREPLACE 2 GARAGE DOMESTIC HOTWATER YES TYPE HEATER OIL AIRCONDITIONING CENTRAL AIR TYPE HEAT OIL WARM AIR II HOTWATER OTHER: INGROUND SWIMMING POOL ACCESSORY STRUCTURES: GARAGE, TYPE OF CONST. WOOD FRAME STORAGE, TYPE CONST. WOOD FRAME SHED (BY WATER) SWIMMING POOL GUEST, TYPE CONST. OTHER: --------------------------------- VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART. SEC. i REMARKS: BP 05704Z-COZ-4926 (Acey Garage), BP #6862-COZ6190 (Accy Bldg.) BP 18922Z-COZ-9088(Add. to Dwelling) BP #8923-COZ10154 (I/G Swimming Pool) INSPrCTED BY . IA � DATE OF INSPECTION Feb. 22, 1995 i G J Fish TIME START 9:40 AM END 10:10 FORMNO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building inspector U✓✓ 1 Town Halt Southold,N.Y. RECEIVED Certificate Of Occupancy AUG 8 2012 BOARD OF APPEALS No. . Z 1.6255. . . . Date October 6 , I987 . . . . . THIS CERTIFIES that the building . . ,A 1 t e r a t.i o n• . . . . . . , Location of Property ,1280 Bayberry Road Cutchogue House No 8treer Hamlet County Tax Map No. 1000 Section 1 . . . . . . .Block 0 2 . . . . . .Lot . . • l 0 • , , , • , . Subdivision Map B Sec B Nassau P t • Filed b4ap No 789 . . . Lot No 9 . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated AP r 3-z .13 ,1 9 8 7 pursuant to which Building Permit No . . 15.9 1.7 Z• dated ,A p r i I 1.7., . 1987 was issued, and conforms to aft of the requirements of the applicable provisions of the Iaw. The occupancy for which tlus certificate is issued is . C.gzver,t €A-.SC�-ng accessory garage into non—habitable studio . . . . . . . . . . . The certificate is issued to M I L L I AX FJ,&N I F1 G . . . (owner,l�Cc3�e�bN>X YaX41 of the aforesaid buildipg Suffolk County Department of Health Approval N/A,.. . . . . . UNDERWRITERS C15RTIFICATE NO . , N 8 3 4 8 3 1 9/2 9/8 7 PLUMBERS CERTIFICATION DATED: N/A Building Inspector Rev 1181 FORM NO.4 TOWN OF SOUTHDEPARTMENT BUILDING DEPARTMEE NT Office of the Building Inspector Town Hat. RECEIVED Southold, N.Y. Certificate Of Occupancy AUG s zoTz .BOARD OF APPEALS No. .Z�.'� 9�. . . . . . . . . Date . . . . . . . . . . . . . . . . . June. 4 . . . . . . .. 19 85 THIS CERTIFIES that the building---Pddi.tiPA-q , , , , . . , , . . Location of Property 1280 Bpyberry. Road Cutchogue House%w Street Hamlet County Tax Map No. 1000 Section 8. . . . . . .Block . . . 02 Lot 0'I 0. . . . . . . . . . . Subdivision . . . . X. . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . X . . . .lot No. . .z. . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated , , . , . , March A 5. , . , , , 19$5.pursuant to which Building Permit No. . Aw' j. .z. . . . . . . . . . . dated . . . . . . . . March . . . . . . . . . . . . . 19 .85,was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . . . . . . . . . . , , addi;t on.s. ;to ,an, existing. one-family, clwel.ling.. . . . . . . . . . . . . . . The certificate is issued to . . . . . . . . XZZ UA;1.F:W.MTUC. . . . . . . . . . . . . . . . . . (owner,dessee-or-Leman#) of the aforesaid building. Suffolk County Department of Health Approval . . . not.required. , . . , , , , , , , , , , , , , , , , , , , , , UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . N 682909. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector Rev.1/81 TOWN OF SOUTHOLD BUILDING PL.,,�IIT APPLICATION CHECKLIST BUILDING DEPARTMENT RE you have or need the following,before applying? TOWN HALL : RE n Board of Health SOUTHOLD, NY 11971J 4/ 4 sets of Building Plans TEL: (631) 765-1802 ;'AU;G Planning Board approval FAX: (631) 765-9502 Survey SoutholdTown.NorthFork.net PERMIT NO.BOAPQ OF'APPALS Check Septic Form N.Y.S.D.E.C. Trustees (Z C E p W E C.O.Application LS l�j L� 11 Flood Permit Examined ,20 Single&Separate JUN 2 0 2012 Storm-Water Assessment Form Contact: Approved 20 BLDG. DEPT. Mail to: // TOWN OF SOUTHOLD Disapproved a/c 1� �. —' D�660aC 9, .I CaIIG GdO 'Phone: 7.3 4- Expiration 120 Building Inspector APPLICATION FOR BUILDING PERMIT Date 0(7b, l 2-- ; 20 INSTRi7C IONS , a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of planssaccurate plot.plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of thi's:application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building'shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. } `.f. Every building permit shall expire if tht work authoiized`lias riot,coma eilcedyw thin 12 months after the.date of issuance or has'not'been completed*vttNiii 1`8 ii o1iths'ft�oi'h such date. If no zoning amends ier is or other regulations affecting the property have bieb is enacted in the interim"l!e`13wi1diV •Inspector may authorize; in`'writung;the'extension of the permit for an addition six months. Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations,for the construction of buildings, additions, or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws, ordinances,building code, housing code,and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name,if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, age , architect, gineer, general contractor, electrician, plumber or builder Name of owner of premises (.. s 4. (As on the tax roll or latest deed+. If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) xN 'Y_ Builders License No. Plumbers License No. Electricians License No,. Other Trade's License No. 1. Location of land on which proposed w,grk will be done GU 0_ jQ r(. House Number Street Hamlet County Tax Map No. 1000 Section Block a 2 Lot 1 d Subdivisi,,)).n Filed,''iKp No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing.use and occupancy 5WJG(, FA M IC. L/ � s' b. Intended use and occupancy cS'A} 3. Nature of work(check which applicable): New Building Addition , Alteration X Repair Removal Dernolitian... Other Work (Description) 4. Estimated Cost Fee y (To be paid on filing this application) tl 5. If dwelling,number of dwelling units Number jof dwelling units on each floor If garage, number of cars 6. If bus ne&.j mmer•,ciat or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, iT any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height ` f; '; Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 1L 12. Does proposed construction violate any zoning law, ordinance or regulation? YES_k NO ' 13. Will lot be re-graded? YES NO k/ Will excess fill be removed from premises? YES X NO �JGcCJ / 14. Names of Owner of pre ises Do vi vl 0J& Address f? 0 MI Phone No. ?3 ' ?b Name of Architect (, In/ Z Address Cu pre yLd Phone No - Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ✓ NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES %,,� NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO t/ * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COLT TY OF �i L✓ �' being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the (Contractor, Agent,lCorporatl Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements.contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application file tl dL��l.kANDISH Notary Public,State of New York Sworn tfbefore me this No.O1ST616400>3 t , Qualified in Suffolk un �y 02 day of 0A, 20 " =Commissoli Expires it J, Notary Public ;iSignaturg kkpplicant F i'• ••II" x �Z �i+ �',y�a.l..•v -wi•, rfC '` ..J�'`t� K> -� ,t r �1 R• 4�d rF _ ',J'. r`'��,L^t��'-�`D - 'l rx 'd •� :1M• d fj ,r .. {..itx 1i►j .�`. �� ry. 1r 5'�\ Y r� - ` �, .2i r "^•�Y S . "., :�} • 1.. `4 !$ r ?Ir I 1V4 •�.r 1 �• ` ��a ��. _ �11 ��' a(. •�r�e �.{�r ��J'�.��yi. L .(d Y)7.'i' , , ••� - , IMF ' r'xi� y■ ^ < T.. ,,, �" 1 htrA � �.t,�`�►.' '' �', �:��i 'C'11�Y �• }:. r• '�," ,/ :. � �,' .I � M .!• .4 �r � Sri �����. +C� . � �a C _ r � � .w •'P��!„_.,;;' of �r "'I .�a�. ,. "B _ ♦. �' � r,0y,1�'��y i fo-A�� dl !A, I �� �•V �.x•. ;� �� '•1�,r:y,.,,c;�.� -ar.++2!" ! ... }��'. ;Z ��'.da r,.T,\.y S P;,a,k. � t• % k a.� �s� ..����:-1 i.�.•�,, aw+",lt�idr'��t �4;�'lt•J\ �,n�FM. �� �4 t4Y1{ 4•S�rd''" .:. Jq�y' . •'YVr:�b rtyy� r r" 4 fV.. Y 'I �• , • � � (♦ � r r _ #. p � i D� a . a y' P L t - 1 - 77 IMF AW i RECEIVED - I OAR FAPPEALS j 33 �1 rL P S a 4.rypyn t. � R , +tea . �y�. •�� i 4 - - mr 4 s RECEIVED AUG 8 `- �-w�uOtD OF APPEALS " 4 fr inn t y s -'1 u ' T y " i, • t i �i"�� ,�14F/.T.v!�fit.- "rR'.-1_. �.�, -.`... .. .,,;..�, ?.. ii ,,�.! � � ��fr! " 1 ,x � . ,t> fiir �n,i�'f x a 5 1�r t y � •. VOL- ' �. �°r 111 :1.. y ,. �1 �: "` .Q 'iF4.',1' '`t'W p��1C� _� .. �..�'t ,yly!••�6 r � f l w ;ar a r a� i x . n n n P•� r� O n""1 7 � � ;J TOWN OF SOUTHOLD PROPERTY RECORD CARD ' Z/ OWNER STREET VILLAGE DISTRICT SUB. LOT �` � / 2 � / 0 a if, 7G,�o v ��`�s �:v .•c- l' -c;,f� 2s,d FORMER OWNER-) N E ACREAGE "jx, a 7 F[tm1,rA 4 C(f)0 • S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. I IND. I CB. I MISC. Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS "� �/� 7 s a/ y�s-o o �v�L� Y, G�9?, 40 a 43. 6-(2- 9y2 7 Lfa,o ��y�7 5'b `/o 7e a o, %. M.v iv cy /o R, FL E Al S-6 r 146 00 �d d Odd ,r� /� 9 �/ �, 1o�/9 7,;� 3L�; 7�r2 ?�'2Z Z 1D ADalT oa is D .E. c, P i 1011117 B L ING CONDITI J N � Ip �v U f ' NEW 0PAL BELO ABOVE FRONTAGE ON-WATER ER // 60 ����i�t� s� ",:�ry DFgrm UAcre �a ue.Pe Acr ✓slue FRONTAGE ON ROAD Pa`f tOtx�iz o e s v a rr . ✓" Tillable/�l�0 g ��. Io ✓ f BULKHEAD Tillable 2 DOCK Tillable, 3 �, gP' 1 renov ttd v c _ — Woodland - �_ 3 ��- C iM -1eFrr►ti ct."' 1 v Swampland 4allw i oDo Brushland i . ,r-House PI'ot` Total =:,� .,.�� - -� Fs BOARD OF APPEALS.- i jll ■■■■■■■■■■■■■■■■■■ r. er- ■■■■ ■■■■■■■■ ■■■■■ z. F ■■■ ■■■■ E N12.1000■■ ■■■■ ■■■■■■ ■_N ` 1 ■N■■■�( ■N■■■■ 1■ iy 4J '. • 's- y2 II MEMMEM Foundation Basement r Finish • / i • r • r 'orc ype a 11 '• Rooms •• r i - • ' ' ®� •• • Rooms 2nd Floori • e r - • Pormer ELIZABETH A.NEVILLE,MMC Town Hall,53095 Main Road o TOWN CLERK P.O.Box 1179 ti = Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS O Fax(631)765-6145 MARRIAGE OFFICER �' RECORDS OF MANAGEMENT OFFICER �0,( .�`a� 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: August 9, 2012 RE: Zoning Appeal No. 6593 Transmitted herewith is Zoning Appeals No. 6593 of Mark Schwartz for Richard Downing& Janet Engels-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, Authorization Letter from Richard Downing to Mark Schwartz to Represent them in this Matter Dated June 13, 2011, Four Pages of Action of the Zoning Board of Appeals No. 2339 Dated September 16, 1977, Copy of Updated Certificate of Occupancy No. Z-23793 for Accessory In ground Swimming Pool with Attached Deck &Fence Dated July 25, 1995, Copy of Certificate of Occupancy No. Z6190 for An Accessory Building Dated October 31, 1974, Copy of Certificate of Occupancy No. Z4926 for Private Garage Building Dated December 5, 1972, Copy of Certificate of Occupancy No. Z-23789 for One Family Dwelling Dated July 21, 1995, Copy of Housing Code Inspection Report Dated February 22, 1995 Prepared by Gary J. Fish, Copy of Certificate of Occupancy No. Z16255 for Convert Existing Accessory Garage into Non-Habitable Studio Dated October 6, 1987, Copy of Certificate of Occupancy No. Z13493 for Additions to an Existing One-family Dwelling Dated June 4, 1985, Copy of Application for Building Permit Dated June 20, 2012, Four Pages of Photos of Property, Copy of Property Record Card,Notice of Disapproval from Building Department Dated June 26, 20,12, Copy of Existing Conditions,Nine Pages of Site Plans Showing Elevations, Floor Plans and Lot Coverage Dated June 20, 2012 Prepared by Mark K. Schwartz,AIA. a ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 8/8/12 ZBA# NAME CHECK# AMOUNT TC DATE STAMP RECEIVED 6593 Downing, Richard 5605 $1,000.00 AUG 9 201€' v.,!hnid Town Clerk $1,000.00 By_lc_ Thank you. i own of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 08/09/12 Receipt#: 140822 Transaction(s): Reference Subtotal 1 1 ZBA Application Fees 6593 $1,000.00 Check#: 5605 Total Paid: $1,000.00 Name: Downing, Richard 1280 Bayberry Road Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID:6593 A'�"v`�" Southold Town Hall BOARD MEMBERS Leslie Kanes Weisman,Chairperson ��Of $o!/ly� 53095 Main Road•P.O.Box 1179 �� 1p 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 O`�Couffm Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MEMO Date: September 20, 2012 To: ZBA Board Members Re: Attached letter Be advised that the attached letter from a neighbor of Downing 46593, was received at the Trustee office and the neighbor then requested it also be delivered to the Zoning Board. S � Mrs. Jane A. Nelson 136 Wickham Road Garden City, NY 11530 September 16,2012 RECEIVED q� f ........... E Board of Trustees Town of Southold SEP 2 0 2012 SEP 17 2012 + 53095 Main Road Southold,NY 11971 BOARD OF APPEALS r: `°"`""'d imv r �C3if� Qf Tr�SirpS To Whom It May Concern: In Saturday's mail, September 15, 2012 I received a notice of Building intent for Janet and Richard Downing at 1250 Bayberry Road, Cutchogue,NY. I have reviewed the plans and think they look wonderful. I do however have some things I would like clarified. 1. The line measurement from the lagoon to their deck shows a measurement of 79.75'. My survey shows a measurement of 84.68' for the same line. Why the difference? 2. They mention putting in a generator,which I fully concur with,but there is no mention of the generators placement. Where is,it going to be located? 3. They also mention that they are going to reside the garage and boat house and put stone around the base of the pool deck. All these structures are either on the property lines or very-close to them. I just want it made known that I do not want any workman or debris on my property. 4. Since the Downings are doing such an extensive construction job,this might be a good time for them to make access to their back lawn and boat house on their own property,thus not having to trespass on my property. Thank you for reviewing these concerns. Very truly yours}, Jane A.Nelson cc: Mark Schwartz&Associates BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson o���F so�ryo1 53095 Main Road•P.O.Box 1179 p Southold,NY 11971-0959 James Dinizio,Jr. .IL Office Location: Gerard P.Goehringer �, Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Ken Schneider Olif'e0u Southold,NY 11971 http://southoldtown.notthfork.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, OCTOBER 4, 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 11971-0969, on THURSDAY, OCTOBER 4, 2012: 11:00 A.M. - RICHARD DOWNING #6593 - ' Request for Variances from Article XXIII . Section 280-124 and the Building Inspector's June 26, 2012 Notice of Disapproval based on an application for building permit for demolition and re-construction of a new single family dwelling at: 1) less than the code-required minimum side yard setback of 15 feet; 2) less than the code required combined side yard setbacks of 35 feet, located at: 1280 Bayberry Road (adj. to a Lagoon) Cutchogue, NY. SCTM#1000-118-2-10 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.Totha-Town.Southold.ny.us Dated: September 10, 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, 1stFloor 54375 Main Road and Youngs Avenue, Southold website: hgp:Hsouthtown.northfork.net September 4, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,October 4,2012 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 September 17tn: 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 September 24th: 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 September 26th: 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 2, 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. I 6 i TOWN OF SOUTHOLD ZONING BOARD OF APPEALS al SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS C1+"10 D'3 w '4j -'-V G (Name of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK 1, 111W k PC 7-4-siding at New York, being duly sworn, deposes and says that: On the 2 If relay of �� , 20 tz I personally mailed at the United States Post.Office in Cv7—C 1*6WE New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the( )Assessors, or( ) County Real Property Office for every property which abuts and ' cross p or rivate street, or vehicular right-of-way. of record, surrounding e is ;ro y. &ature) Sworn to before me this day of (� , 20 ICKI TOTH ry Public State of New No.01t06190696 (Notary Public) Qualified in Sulfolh COanty Commission EK jims July 28,2�1 i 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. i Postal ServiceTm- U.S. ' • st 3ervice'r-M �- (Domestic,Mail Only; m j F1 . .� Er i �- Provided) D" t, ca ra W k. �13' 4O I i"� �E lie J A .. � Postage $ $1.14 Q /J� ; Postage $ $1.14 d r ' r9 p,... (�• ,1' Certified Fee I,- -$2.95 --- Certified Fee �p Return Receipt Fee (Endorsement Required) $ .'J5 p Return Receipt Fee C3 b C3 (En doreement Required) $2.35 Here E r. C3 Restricted Delivery Fee �b � Restricted Dell Fee (O� (Endorsement Required) $4.00 ry 0 �S P S O (Endorsement Required) $4.44 GS p� S Total.Postage&Fees6,44 09/2 -� 4 /21/2412 �l Total Postage&Fees $i5.44 m m Se o - - - ��L.e' O FsentN/ L G -E -- -- - -- ------- r� e yc r- /? /s��O Street Apt.No.:l Z (� Q P.�-- �� O P----------- ------------- or . A t No.; N---- ------------------ ----------- - -------- B0-F /-3?-?-- _Sr /Z Cdy,State,ZIP+ r- �7 wg �� 0 r v NT o 7 S ' City," ate, , --------- "Ilk ! ! 3S Postal ServiceT. . 0 J r•9 (Domestic Mail • I C1 .. • ru � „-f i D_. 00FAF I' co I Postage $ $4.45 � 4935 I -o Postage $ Certified Fee o OC I I $c 7 fi.' s Certifled Fee Retum Recel t Fee Postm i C $�,�,� p Here '� C1 Return Receipt Fee f� (Endorsement Required) $2 35 C3 (Endorsement Required) = t i Z� ` 1 C3 Restricted Delivery Fee ^ j - Restricted Delivery Fee $�� Here / (Endorsement Required) $4.04 i n i O (Endorsement Required) $4+00 , Totat Postage&Peas $ $5.95. ' 201 yC I:_ Total Postage&Fees �5 sent To Sent o 12. Apt.No.; I r 9 ----------------------rt AA1Z Al sheet d n Street,A t No.; -N-"_ or PO Box No. . s o --r 1 4-Ja----- or PO Box No. �` - '�tt- ��7A-- -------v�-•----- �i kl f c K City,State,ZIP+4 city,State B5 4 ----""-" N t e z Z - - -- rS-3 0---------- COMPLETE COMPLETE THIS SECTION ON DELIVERy ■ Complete items 1,2,and.3.Also complete A. S' ature item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse X t so that we can return the card to you. ddressee ■ Attach this card to the back of the mailpiece, R c ived by(Prin ed Na e) C. Date of Deli ( �� or on the front if space permits. G C !1 S 0 � .. 1. Article Addressed to: D. Is delivery address different from item 17 Yew' If YES,enter delivery address below: Cs�l�l0 i WAR/C gij-J� T3. Service Type❑Certifled Mail ❑ExpreW Mail❑Registered ❑Retum Receipt for Merchandise Insured Mail ❑C.O.D.. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number; - -- -- — - (Transfer from service label) 7011 1351 0 p q p q], 16 81; 8 9 3 i4 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 r y i +'J TOWN OF SOUTHOLD JCS 3 I ZONING BOARD OF APPEALS ] SOUTHOLD,NEW YORK AFFIDAVIT ` OF In the Matter of the Application of POSTING jet COAn2 00W-A1,1AJ G (Name of Applicants) 1 Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#10.00- COUNTY OF SUFFOLK) STATE OF NEW YORK) 1, X/4x rC14C01*t7-z— residing at. l -00�q New York, being duly sworn, depose and say that: On the `2'� day of SC?'17�71 PW , 201 11-1 personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven(7)days prior to the date of the subject hearing date, which hearing date was shown to be lb q — (Sign60 Sworn to before me this Day of , 201'�— VICKI TOTH blic State of New Y®rk otar Public ��•ON6190696 y ) Commission Expi a°u y 28un 2��� * near the entrance or driveway entrance of my property, as the area most visible to passerby. j J J 1y { /� ♦y 4 COMPLETECOMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. si a re Agent � item 4 if Restricted Delivery is desired. X / �Addressee ■ Print your name and address on the reverse so that we can return the card to you. Receive y(Printed Name) C. D to of�elivery 2. / ` ■ Attach this card to the back of the mailpiece, R / ,,y or on the front if space permits. D. Is delivery address different from item 17 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: L9^No Joye.C S101AfP if, I T4. Service Type ❑Certified Mail Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number- 7 011 3500 0001 1681 8941 1 (Transfer from service label) =— Domestic Return Receipt 102595 02-M-154o PS Form 3811,February 2004 SECTION . DELIVERY SENDER: • SECTION COMPLETE Signature Sig ti ■ Complete items 1,2,and 3.Also complete A. ❑Agent item 4 if Restricted Delivery is desired. ❑Addressee' ■ Print your name and address on the reverse C. ate of Delivery so that we can return the card to you. B. calved by(Printe Na _ ■ Attach this card to the back of the mailpiece, �C or on the front if space permits. ent f. 17 Yes j D. Is delivery add No I 1. Article Addressed to: If YES,enter de ad re ow: P p� J.9A,O;F-- ti9 c. So dig Q� G,V,O,F/l! C1 /V V 8 Tad ll rasa Mail 1 �. rt�led ❑Return Receipt for Merchandise j ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number i 1 HUM l i7 p 1�1 C43 5 50�lfl 161 (Transfer from service label) ' __— — 102595-02-M-1540 PS Form 3811,February 2004 Domestic Return Receipt N �rTIi. E OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME - - DOWNING , RICHARD #6593 MAP # 11 8 . -2- 1 0 ' VARIANCE SETBACKS REQUEST DEMO & RECON STUCT NEW DWELLING SATE : THU RS , OCT . 41 2012 11 : 00 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. CONING BOARD -TOWN OF SOUTHOLD 765 = 1809 N 1 #10873 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 4th day of October, 2012. Principal Clerk j Sworn to before me this Y' day of 2012. LEGAL NOTICE 10:00 A.M. - ALAN FIDELLOW SG BOBOARR D TOWN ZONING A - #6578 - Request for Variances from D OF APPEALS Article XXII.Code Section 280-116(B) I � THURSDAY OCTOBER 4,2012 GH PUBLIC HEARINGS and Article IV Section 280-18 based on RISTINA VOLINSKI NOTICE IS HEREBY GIVEN,pur- an application for building permit and suanttoSection267of the Town Law and the Building Inspector's February 17, NOTARY PUBLIC-STATE OF NEW YORK _,Town Code Chapter.280(Zoning),Town 2012,amended August 16,2012 Notice of Southol rova of.Disapproval for partial demolition, No. 01 V06105050 d the following public hear-, ings will be held by the SOUTHOLD reconstruction and addition to single Quallfled In Suffolk County TOWN ZONING BOARD OF AP- family dwelling,at 1)less than the code My COMMIsslon Expires February 28, 2016 PEALS at the Town Hall,53095 Main required bulkhead setback of 75 feet,2) less than the minimum side and setback 11:00 A.M. - RICHARD DOWN Road; PO. Box 1179, Southold, New y MG #6593 - Request for Variances York 11971-0959,on.THURSDAY.OC-. of 15 feet,3)less than the combined to- fromcle'RXIII 5ection,280 124 and TOBER 4..2012: tal side yards of 35 feet,located at:4030 Great Peconic Bay Blvd;,.(adj.to Great the Building Insped&i s-Tune 26,2012 9:5 Request eSOLUTION EAST LLC Peconic Bay)Laurel,NY.SCTlvl#1000- Notice of Disapproval-based on an a #6595-Request far Variances from.At- 128-6 1 plication for buildm ermtf for demoli= title XXIII.Code Section 280=124,based g p.: 10:30A.14L'=JOHN:PIT`W N#659d- tion and re-construction of.a!new single on an applicattbn'for building permit Request for Variance frd Article XXIII family dwelling at:I)aess.than the code- and the Building Inspector's August 9, Section 280-124andthe BuildingIns ecI required minimum side yard setback of of1 Disa a iovalA acermn�l ro osed tor's Au s p- 15 feet;2 less than the code required-!'�'7 2012 Notice of Disa ) pP g g p provalbased on an' 'a hcation for build- combined'side yard.setbacks of 35 feet, addition and alteration to a,single fa--- pp located at:1280 Ba be R ( l il dwelling,at;I less than the code re-. mg permit for demohtion and construe- u. nY oaci ad'.to s .ft.,2 less.than the code re y g. ) a Lagoon) 4 ) quired'front yard setback of 35;.feet for tion of a new single f'amil dwelling at: g )Cutchogpe,NY SCTIy1#1000 required lot y i 118-2-10 width of 150 linear ft;located at:955& both"front yards on_thus corner lot,2. side less than the code-kgquired.combitied y ) 11 S A.M:•PATRICLA WALKER 11165 Hummel Avenue:Southold, NY more than the code ermttted lot cover- side yard setbacks of 7S'.feet;located at: S.CTM#'s-1000-63-2-25&26 P- 1100 Ruch Lane(adj.to Hashamomuck #6�-Bequest for Variance from Art- age of 20% maxiinnnt;located:at:1060 Pond) Greenport,NY.SCTM#1000-52- c1e X}OII Section.280'124 and the Build= Second Street.(comer=King Streot)New ing Inspectoi's.Ait .t 21,201�2 Notice of persons or their representatives,_desir- Suffolk,NY SC)'IvI#1000117-725. 2 & 1000.52-3-11,(both parcels are Disa ing.to be heard at each hearing;.and/or considered one lot) pp#oval base r?on an a,.,g ton for 9A5 A.M.-DANIEL McGOVERN btulding-pernitt for addition and alters- desiring to submit written'statements 1&45 A.M. - RENEE PONCET. Request for Variances#corti Arm .I <FiTZPATRIGK #6596 - Re uest for tion to a smgle'family dwelling,at:l)less before the conclusion of each-hearing. title XXII:code section 2so-1i $ afia— V tomII.Section 280-15 than the code required total combined Each hearing will not start earlier than an acleh}IXIoIn forttbuildia 12 erm taand and fl��$�nspeetor's August 27, side yard setbacks of 25'feet;loeate€i at: designated above.Files are available for PP g p 2d&-Notice'•nf D!s proVal'based`on an: 1020 Ruch Lane(adj.to Hashamomttck review during. regular business hours the Building Insgeef br s May;9 2012, Pond) Greenport,,NY S.CTM#1000 52- and prior fo the day of the hearing.If amended Septembe3 b 2012 Notice of application for building permit for ad- 2 SS 1 you have questions,-pleas ,poptact our. Disappmval_for decl�'.addition to single dition to a single family dwelling at:1) 1130 A M 'PAUL A,and ELIZA o�tce af, (631) 765-M09;or by email: family dwelling,"at,lJ less than the code upon construction of the addition to the �T1tT:REINCKENS#6598-Request Vicki.Toth@Town.Southold nyus required bulkhead setback of 75 feet;2) dwelling the,legally existing in-ground for Variances under Article IV Section Dated:September 10,2012 less than the minimum side yard setback swimming pool will be located in a loca- 280;18 and:: the -Building, Inspector's ZONING BOARD.OF APPEALS' of 10 feet,located at:830 Oak Avenue tion other than the code required rear August 27;2012 Notice of Disapproval LESLIE KANES WEISMAN,CHAIR- (adj.to unnamed Street&Goose Creek) yard(side yard),located at:415 Wiggins based-on an application for building per- PERSON Southold,NY.SCTM#1000-77-1-4 Lane(corner Wiggins lane)Greenport, mit for.a:subdivision,at:Proposed Lot 1; BY Vicki Toth NY.SCTM#1000-35-5A0.1 1)less than the code required minimum 54375 Main Road(Office Location) lot size of 40,000 sq.ft.,2)less than the 53095 Main Road(Mailing/USPS) code required lot width of 150 linear ft., P.O.Box 1179 and Proposed Lot 2;1)at less than the Southold,NY 11971-0959 code required minimum lot size of 40,000 10,873-1 T 10/4 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson of SO(/ryO 53095 Main Road•P.O.Box 1179 James Dinizio,Jr. Southold,NY 11971-0959 � � Office Location: Gerard P.Goehringer CA Annex/First Floor,Capital One Bank George Horning r • �OQ 54375 Main Road(at Youngs Avenue) Ken Schneider Olij'COU Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 August 8, 2012 Mark Terry, Principal Planner l LWRP Coordinator V i Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Southold Town Planning DoaM Re: ZBA File Ref. No. #6593 (Downing) Dear Mr. Terry: We have received an application for demolition and.re-construction in Cutchogue. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. - Very truly yours, Leslie K. Weisman Chairperson By:� Encls. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O'\\pF SOU. Ty�l 5.3095 Main Road•P.O.Box 1179 O James Dinizio,Jr. Southold,NY 11971-0959 � � Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning • �O� 54375 Main Road(at Youngs Avenue) Ken Schneider CoUffm Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 August 8, 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 #6593 Owner/Applicant: Downing Action Requested: Demo/reconstruct dwelling - setbacks Within 500 feet of: ( ) State or County'Road (X)Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us.- Thank you. Very truly yours, Leslie K. Weisman ZBA.Chairperson Encls. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ,�,OF SoUjyO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehrin er g � Town Annex/First Floor,Capital One Bank George Horning • �O 54375 Main Road(at Youngs Avenue) Ken Schneider COU Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 October 19, 2012 Mark Schwartz P.O. Box 933 Cutchogue,NY 11935 RE: ZBA Application#6593 - Downing Dear Mr. Schwartz: Transmitted for your records is a copy of the Board's October 18, 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. SincAe�re Vicki Toth Encl. Cc: Building Dept. I 1 V ° BRIDGE LANE o N 5 4°48,QQ,, I IIIII I`�I m lNE v F� • ELEA NNp/0 R S/ N F NpNE 7g N 45°56'00" Ez l� NMO _WOO .0 c3°dC� G Q''O 4OO4.2 EDECK 0.2'N. n CSQ cO I I I 14 fl l I I I / w�>_ M0y qb ro • 1 14.4• STO I I I I I I I I / / // / � F�� FFNC f N o � q� � 2N WALL \ 514 4$ Q E ?O \ �C i 0.8'N. W OD\IE WA �9 0 HEDG w LOT >20 �� I �? 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