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HomeMy WebLinkAbout6633 �v7�cGo � a i i ; I BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �OF SO(/jy 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning • �OQ 54375 Main Road(at Youngs Avenue) Ken Schneider COUI Southold,NY 11971 . RECEIVED http://southoldtown.northfork.net a ZONING BOARD OF APPEALS MAR 2 8 2013 TOWN OF SOUTHOLD �1?2e" . Tel.(631)765-1809•Fax(631)765-9064 S uthold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF MARCH 21,2013 ZBA FILE:6633 NAME OF APPLICANT:RJJ Properties,LLC SCTM#1000-111-15-,12 PROPERTY LOCATION: 7225 Nassau Point Road(adj.to Peconic Bay)Cutchogue,NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in.this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps.under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated February 14, 2013 stating that this application is considered a matter for local determination.as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy I Standards.The LWRP Coordinator issued a recommendation dated February 14, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is Inconsistent with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is a non-conforming 32,742.93 sq. ft. lot located in the R40 zone. It is improved with a single family dwelling and accessory shed. It has 101.84 feet on Nassau.Point Road, 318.89 feet along the north property line, 99.84 feet on Peconic Bay and 337.09 feet on .the south property line as shown on the survey prepared by Stanley J. Isaksen,Jr,LLS dated 09 February, 2001,revised 22 May 2001. BASIS OF APPLICATION: Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's February 5, 2.013 Notice of Disapproval concerning a permit for a 12'X8' accessory shed, at; 1)proposed structure at.less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant requests a variance for a proposed 8.3' by 12.3' storage shed with no utilities, located approximately 8' from the existing bulkhead and to be placed on a wood deck that is on grade between the bulkhead at the bottom of the bluff and a landward retaining wall on this waterfront lot on the Peconic Bay in Nassau Point. I Page 2 of 3—March 21,2013 ZBA File#6633—RJJ Prop.,LLC SCTM: 1000-111-15-12 ADDITIONAL INFORMATION: At the hearing, the agent for the applicant indicated that there was no certificate of occupancy ever issued for the original shed that was destroyed by Hurricane Sandy. The agent submitted a picture of the shed prior to its demolition and indicated that the owner simply needed the shed for storage purposes at the bottom of this high bluff. The agent was asked to submit,within a week to 10 days after the close of the public hearing, evidence of other legally existing storage sheds in similar locations in the neighborhood but was unable to do so. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 7,2013 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A search of Town records found no Certificate of Occupancy, building permit, or variance from the Board of Appeals to establish that the storage shed that was destroyed by the hurricane had ever legally existed in the proposed replacement location at the toe of the bluff. While other similar bulkheads exist nearby, visual inspection by the Board of Appeals found no accessory structures, legally established or otherwise, that close to the bluff in the surrounding area, and the agent for the applicant was unable to provide evidence to the contrary. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. While the applicant cannot locate an accessory storage building in the proposed location without a variance,he can realize the benefit of a storage shed by constructing it in a conforming location on the subject property. 3. Town Law.267-b(3)(b)(3) The variance requested herein is mathematically substantial representing 89%relief from the code setback requirement. 4. Town Law 4267-b(3)(b)(4) Specific evidence has been submitted to suggest that a variance requested in this residential district will create a detriment to the neighborhood. The proposed placement of the shed at 8 ft. from the bulkhead is the reason for the loss of the original structure. The code requires a setback distance of 75' from the bluff for accessory and other structures because of the potential to suffer a high rate of loss, and to avoid hazards to life and property during storm surge events. 5. Town Law &267-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. The applicant could have applied for a C of O for the prior shed which would have legalized the footprint. 6. Town Law 4267-b. Denial of the requested relief is the action necessary and adequate to preserve and protect the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried,to I i i i Page 3 of 3—March 21,2013 ZBA File#6633—RJJ Prop.,LLC SCTM: 1000-I 11-15-12 DENY, the variance as applied for, and shown on the survey prepared by Stanley J. Isaksen, Jr, LLS dated 09 February 2001,revised 22 May 2001. Vote of the Board: Ayes:Members: Weisman(Chairperson), Goehringer,Horning,Schneider. This Resolution was duly adopted(4-0). � � I Leslie Kanes Weisman Chairperson Approved for filing / /2013 i i i i i i I i f I I s, 4 A V . o LOT 53 0 FD 1r N 8 00' 00 E 318. 9' 12 UTIL. POLE } N S W/RfSERS 266.285 PR25 OSED PROPOSED 2Clq , 00 • N W DEC o Etc A TI oN � ``—� W 23 PROPOSE D 2s-83• I� 3. i j �— x O 16 2 \ \ DECK 24 7.OZ 00 0 16� ° m i `� p 9 (Y� WOOD �L 1 DEC � U W/ 1NG ti 8 WOOD TE S 1 P ~ WOOD aC L� FINAL MAP 6 STAIRS DECK 2z4 Exrs T WATER REVIEWED BY Z �� ° 4.8 sroRY waoq �222°8 a v O METER S E BA 2 R� �� DR/ c-yy RES. DECK 24 BATH- N E DECISION #- --� � MAIN FL. HSE. N �� DATED 3 r N GARAGE EL.= 30.3 J r•� 0 ' UNDER 0 �l 5P0 Lj ^�FR. 45.33' W000 C I T N PR 0 OSE D sTFPs f BER) 4 0 FD AD I TION .30 a c� cM 286-70' 1 Is IRAJI FENCE Z;M Y 5'0U7R—d-2 Of—EWE— 2 RAIL WOOD FENCE GEN'LY SOUTH 0.3'OF LINE l5 S 82' 00' DO" W LOT 55 337. 09 ' RECEIVED SURVEY OF 10-1 �3 r . LOT 5 4 t FEB`6 2013 IN MAP OF PROPOSED SUBDIVISION JUL l 6 �001 BOARD OF APPEALS OFJ f SURVEYED BY GUARANTEES INDICATED HERE ON SHALL RUN SEC SECTION v B ONLY TO THE PERSON FOR WHOM THE SURVEY S TA NL E Y J. I SAKSEN, JR. TM 1000—111-15—12 IS PREPARED, AND ON HIS BEHALF TO THE NA SSA U POINT CLUB PROPER TIES, t� _ P.D. BOX 29 4 77TLE COMPANY, GOVERNMENTAL AGENCY, FM 9 745 LENDING INSTITUTION, IF LISTED HEREON, AND Sl TUA TE N� SUFFOVM 56 FIL,5D OCT. 04, 1919 TO THE ASSIGNEES OF THE LENDING lNST7TUT70N. I 'LE TO ADDIT70NALGUARANTEESNSATUT70N ARE NOT�OR SUBS80UENr OWNERS. CUTCHOGUE, TOWN OF SOUTHOLD SURVEYED 09 FEBRUARY, 2001 3 — 75 —5 SUFFOLK COUNTY, N. Y_ SCALE 1"=30' UNAUTHORIZED AL TERA AON OR ADDITION TO 7NlS GUA RA N TEED TO SURVEY IS A VIOLA 77ON OF SEC77ON 7209 OF L 1 CEN C !.AND UR VE YOR THE NEW YORK STATE EDUCA77ON LAW, SURVEYED FOR RICNARD A. NORSTMANN AREA= 32,742.931 SF NYS IC- NQ. . 9273 RICNARD A. HORSTMANN OR COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYORS EMBOSSED SEAL SHALL O. J52ACRES NOT BE CONSIDERED TO BE A VALID TRUE 01 RP78 COPY. note_ 1. 22 may, 2001 odd proposed oddition COUNTY OF SUFFOLK J � X� �� ;RECE�VEV FEB 19 2013 Steven Bellone ®��®��APPEALS COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment February 14, 2013 Ms. Leslie K. Weisman, Chair Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold,New York 11971 Dear Ms. Weisman: Pursuant to the requirements of Sections A14:14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Mahoney, Daniel 6628 Strong, Raymond 6629 Karas, Gregory& Carol 6630 Yantsos, Laura 6631; Likokas, George 6632 RJJ Properties 6633 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 I . V3 mac, e�S QF SO(/r S'< OFFICE LOCATION: �� /f� MAILING ADDRESS: l/ Town Hall Annex ,`O l0 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) y \ uthold,NY 11971 G Telephone: 631 765-1938 \�A\& Fax: 631 765-3136 CnuffN,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF.SOUTHOLD RECEIVED FEB 14 2013 BOARD OF APPEALS MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: February 14, 2013 Re: Coastal Consistency Review for ZBA File Ref. #6633 RJJ PROPERTIES, LLC SCTM#1000-111-15-12 Note: A permit was not found for the shed in Town records (laser fiche). Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's February 5, 2013 Notice of Disapproval concerning a permit for a 12'X8" accessory shed, at; 1) proposed structure at less than the code required bulkhead setback of 75 feet, located at: 7225 Nassau Point Road (adj. to Peconic Bay) Cutchogue, NY. SCTM#1000-111-15- 12. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed"action is INCONSISTENT with the below listed LWRP policy and therefore INCONSISTENT with the LWRP: Policy 4.1. "Minimize losses of human life and structures from flooding and erosion hazards." The following management measures to minimize losses of human life and structures from flooding and erosion hazards are recommended: specifically , A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for.• 1 a. structures which functionally require a location on the coast or in coastal waters. The accessory structure does not functionally require a location on the coast and is not water dependent. 5. Manage development in floodplains outside of coastal hazard areas so as to reduce adverse environmental effects, minimize the need for future structural,flood protection measures, or expansion of existing protection measures and to meet federal flood insurance program standards. The action is located in the VE (velocity hazard) Flood Zone - El 9'. VE zones are defined as areas with special flood hazards associated with high-velocity waters generated by tidal surges and hurricane wave wash. Accessory structures'located within these areas have the potential to suffer high rate of loss and pose hazards to life and property during storm surge events. Ell 'w`` r E BAYBRRY#READ `} TEL 9)3 < BRIDGE SANE }'yg I x � . � u�► .� �� 8� :.fie �''� R` x„�� y Figure 1. Subject parcel showing shed located in VE El 9 Flood Zone. 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 RECEIVED ! FORM NO. 3 FEB A 2013 NOTICE OF DISAPPROVAL BOARD OF APPEALS Date:February 5, 2013 TO: John Blakely for RJJ Properties LLC P O Box 432 Southold, NY 11971 Please take notice that your application dated February 1, 2013 For permit for a 12' X 8' accessory shed at Location of property: 7225 Nassau Point Road, Cutchogue,NY County Tax Map No. 1000 - Section I I I Blocki5 Lot 12 Is returned herewith and disapproved on the following grounds: The proposed accessory shed is not permitted pursuant to Article XXII section 280-116 (B) which states "All building or structures located on lots upon which a bulkhead ...exists... shall be set back not less than 75 feet from the bulkhead." The survey shows the proposed shed at approximately 8 from the bulkhead. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. RECEIVED Fee:$ Filed By: Assignment No. BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 4,21SStreet N1755AU Pr ROAD Hamlet CQQTC IOCUC N.Y 1-193s SCTM 1000 Section jI Block « Lot s�_ ( ) Lot Size.?SzAcaa5 Zone nFS I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED rER.aS 2ol3 BASED ON SURVEY/SITE PLAN DATED JUI._ I6 2001 . Applicants)/Owner(s): R.J,) PROPEVIF5 LLC Mailing Address: joj a0mracne ame amm ORLN45 A 3Ab1�-9502 Telephone:_9Q$ft.(4 9639 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: 409N'PJ. 91,.QKE,LY for( ) Owner( )Other: ►T Address: PO got 1a.3.2 SOUYNQI,D R.Y. 071 Telephone:43176S 49 AS Fax: Email: Please check to specify who you wish correspondence to be mailed to,from the above names. ( )Applicant/Owner(s), (Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED .)U).,l6 ,20D f and DENIED AN APPLICATION DATED FES.C1 2013 FOR: ( )Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( Vermit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: XX 11, Section: R1?0— 116 Subsection: 13 Type of A peal. An Appeal is made for: (4 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. O Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( ) has, (has not been made at any time with respect to this property, UNDER Appeal No(s). � Year(s). 19,q9 Please be sure to research before completing this question or call our office for assistance) F RECEIVED ' Name of Owner: R4 PROPE2-rla� ZBA File# FEB -P2013 REASONS FOR APPEAL (Please be speck, additional sheets may be used wW- ePgy reQ F APPEALS signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: ► gp.LACilu,; Q f 3•,LxISZtNS $'3uX 12'3u SHED TNRrld'gf_ DgSr2oySD 1gy H0A&jeRNe eAuoy. 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: pQoxlr(I t'y ?'0 7Ng 1�X15�'lN5 �p1.N>"iC�R b 3. The amount of relief requested is not substantial because: ► JS RLTPL'QCl>tiltl A PR$- Jr7LJ6[J1or7 t it K. .r �"3 � 1�3 gHt�D' D�SrRc�Yrz'I,� �3Y NuRrcICR�+� SANpy • 1 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: u ' u 1T 1S ROPJ:AVMN 4 PQC--&XIS1"A j 8.3 ' ag smo PH7 kAS` VgSrVAlep &/ HukAI CAIW- SANDY, Prtl.442 -M OTHVe S0404 JK'ka'VT SNGPS rnrNj91g4 xS NAVE, OR 9AD )3Vaong HmegLeANC. 6,M)Y-1 5. Has the alleged difficulty been self created? { } Yes,or jyj No Why: .rye 3'1 123,lr5.4 SD WR S De$Y OVITP )&Y HuN2[GgNr3 SA-uDY Are there any Covenants or Restrictions concerning this land? {YANo ( I Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn before me this 14 day of � 20 5 Not ry Public {{�� Notary Nob01�6 06 6ewYork Qualified in Suffolk Coun Commission Expires July?S.9 1( _ r APPLICANT'S PROJECT DESCRIPTION APPLICANT: JbHA!Ili. &410,0 DATE PREPARED: AM o S �O 13 1.For Demolition of Existing Building Areas RECEIVED Please describe areas being removed: A60 FER A 2013 H.New Construction Areas(New Dwelling or New Additions/Extensions): t � sr Dimensions of first floor extension: S .3u I2 3 SW9D Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge):. Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: ON qU.DF M.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: , l% % 4. a Number of Floors and General Characteristics BEFORE Alterations: 9 3 1F 12 3 MED 4PP, 9 Pon t3aWAsAD, Number of Floors and Changes WITH Alterations: ML. IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on.your•property:4.M-351 Proposed increase of building coverage: NIL Square footage of your.lot: 31 Percentage of coverage of your lot by building area- V.Purpose of New Construction: REPLl;Cp- VC3, 1213+ SROD DSST Y6P JQY l tORACC90-0 SANDY 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): 1 .A't &ANfl 1 D0 1 i%'S o SAm t) !!3feitdEjgN 100` 133u1 X 9.4 D 9`• 1®0�R�AI�(lI f,lRLL Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE RECEIVED FOR FILING WITH YOUR ZBA APPLICATION FEB 6 2013 A. Is the subject premises listed on the real estate market for sale? Yes li No BOARD OF APPEALS B. Are there any proposals to change or alter land contours? _J/No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? YlrS 2.)Are those areas shown on the survey submitted with this application? YQ$ 3.) Is the property bulk headed between the wetlands area and the upland building area? yas 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? YES Please confirm status of your inquiry or application with the Trustees: fJMOVep and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ND E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either'obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? NO If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel !'1Ct51® Nrt'(A� and the proposed use S-roftAl Q SHG D (ex:existing single family,proposed:same with garage,pool or other) prized signature and Date 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM RECEIVED For UNLISTED ACTIONS Only FEB.o 2013 PART I-PROJECT INFORMATION To be completed b 72. licant or Project Sponsor) 1. APPLICANT/SPONSOR PROJECT NAME BOARD OF APPEALS JONNN 6 4RWE, DECK $70r1ASe 040-p 3. PROJECT LOCATION: Municipality County SJJFf�L/� 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) �225NQssAvP®�N� r?p tuFcHoCur-! n.y. 11935 a $9roSO ARMY 5. PROPOSED ACTION IS: ❑ New Expansion eModification/alteration 6. DESCRIBE PROJECT BRIEFLY: : ZE PLACe PANS• rX1-4 i W 'jj a'3 12'3 S kIED PffMOYAD Q"y ylun>Ztel�Nr� SAND` 7. AMOUNT OF.LAND AFFECTED: Initially I00.7G SF execs Ultimately 46 SF ieras 8. WILL PR POSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [Eryes No If No,describe briefly 9. WHAT IS RESENT LAND USE IN VICINITY OF PROJECT? [ffResidential Industrial Commercial Agriculture 11Park/Forest(Open Space Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FE RAL,STATE OR LOCAL)? Yes No If Yes,list agency(s)name and permit/approvals: X7.%J.C SOU�HO�.D rRUST��� 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes No If Yes,list agency(s)name and permit/approvals: $Otlfit{01,D ^aRfJSt^�? S St,biee� �o Zontny 13oarC1 e4prfaya�> 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes ONo . I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: 30HAI IV, 13441T-4� _ Date: EF-19. D.S .2013 Signature: 11f the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 111,e - 1 PART II - IMPACT ASSESSMENT To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAR ❑Yes 0 No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative +� declaration may be superseded by another involved agency. Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or�oals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly: C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: C6. Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly: C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAVAREA(CEA)? Yes No If Yes,explain briefly: E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes ❑ No if Yes,explain briefly: PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e.urban or rural);(b)probability of occurring;(c)duration;(d)irreversibility;(e) geographic scope;and (f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes,the determination of significance mustevaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. © Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide,on attachments as necessary,the reasons supporting this determination Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) m FEB 2013 AGRICULTURALZNING BOARD OF APPEALS N��AR® ®F,gppC.4L TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: 3anx N. fi RKE-k-1 2. Address of Applicant: PO f3DX 432 Sooylo1r17 N.Y. Oft 3. Name of Land Owner(if other than Applicant):_/ts- 1PAO Or-gT1P6, LLC 4. Address of Land Owner: 107 130ni4J1ZF- A/V• 13oN(tA SAIQINCS T��>f(31t,•9Sb2 5. Description of Proposed a Project:_REPLA[E 9, 3 x 12 3 StiF0 pesr/zoyen ! ,/ naegicAdr- SAND? 6. Location of Property: (road and Tax map number) Vt22$ N-40,90 rig: RA CUrCNNVE Af.Y 11935 SOW 1060 - 111- 15^/A 7. Is the parcel within 500 feet of a farm operation? { } Yes {14*No 8. Is this parcel actively farmed? { ) Yes {V No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) 1V g 0,5- R013 Si re of Applicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. i _ CEIVED APPLICANT/OWNER FEB. 2013 TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and eBeyeAf'ha[ur&RP EALS 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: (Last name;first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance VY Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of((ir 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) i C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP I l Submitted this day of Signature �4woleer 1 W IWName ��/� ,I¢.�t� -7�•Q ✓n�<r9✓ h i AGENT/REPRESENTATIVE FEB'F 2013 TRANSACTIONAL DISCLOSURE FORM n6 The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers an p a RQ oyees0' APPEALS a 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 : 13LAKICI-' JOWN (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship" includes by blood, marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO V 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 30 day of J N —,U {3 Signature. Print Name J0WAI Af. /31,g125L 61 Town of Southold " RECEIVED LWRP CONSISTENCY ASSESSMENT FORM FEB -6 2013 A. INSTRUCTIONS BOARD OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. if an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# The Application has been submitted to(check appropriate response): Town Board Planning Dept. 0 Building Dept. Z Board of Trustees LnJ l. 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) FE (b) Financial assistance(e.g.grant, loan, subsidy) (c) Permit,approval, license, certification: Nature and extent of action: .z'o VZP4,9ca A Agf- rrxlsTIY 8 3 Y 113 sxaV =TWa WAS V c_&Zed'1e b 13Y NUR)2 to QA)9 SAND-1 Location of action: 22$ HO S-610 FOOR t 0. CJlfuto�UC N.Y 1143.� Site acreage: Present land use: RCS lVQJV tl1, Present zoning classification: 12CS 1 DEW-CI L 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: JOAN At. 13h9KC-44 (b) Mailing address: Poo. 13ax 432 Sour atot,.D N.Y 11971 (c) Telephone number: Area Code( ) 631 7GS 1�93d (d) Application number, if any: Will the ee}action be directly undertaken, require funding, or approval by a state or federal agency? Yes 1 J No❑ If yes,which state or federal agency? D9L APPROVC D 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 [0 No ❑ (Not Applicable- please explain) 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) 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 M No E (Not Applicable—please explain) 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 EYes © No 2 (Not Applicable—please explain) 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 E Yes M No E (Not Applicable—please explain) 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 M No E (Not Applicable—please explain) 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 M No M (Not Applicable—please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. Yes No (Not Applicable—please explain) 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. 1E Yeg No L (Not Applicable—please explain) 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. Fl Yes [0 No E (Not Applicable—please explain) 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. 0 �' Yes u No 0 Not Applicable—please explain 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 [F� No Not Applicable—please explain 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 KNo 0 Not Applicable—please explain i RECEIVED FEB.A 2013 BOARD OF APPEALS Board of Zoning Appeals ApWication AUTHORIZATION (Where the Applicant is not the Owner) I, A 104 A R D 13 M O R ST 11 AX N residing at 10-0 12ON41RE JL RAW (Print property owner's name) (Mailing Address) nANACiN, Sor*tt T9 6PR11J4S rL 3 13J� - do hereby authorize aoHN )V• 3j..4K z y �Sdz (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner s Signature) I�IeIIA,(29 A &0-540A A-) ►v (Print Owner's Name) A- Nib/•u� pvl•e �-e� 1 I RECEIVED i FEB-6 2013 BOARD OF APPEAL Ilk ` 40# r it R�CWAf2D F� Ko25;HANN �► � '� RSTI41AIM4 WALL � pe4K ARC Altm nAC�c- 3 5 bakw � C s y+ e �• y Sq It, f RtcNa+t� �. 1402SYn(WNN 9 DrcK AizhA alb *,. r rt � ■ 1 40 r° Ile y: lot �JA • y '��t..... �::��;��r. r .it � � �►,`«31 tl � RicHA�La (�• flo2S'C 1"IANN y l 117��3 RECEIVED FEB -g 2013 BOARD OF APPEALS a� t f or'CK 0. 13A-M HOusC ►3EF012[ 'rH+° NORRICANr SANDY 012t/4 2061 RIcKAaD Mo25rHgroN 6 0�6 . New York State D.epartmi of Environmental Conserv, ,)n Division of Environmental Permits, Region 1 _ SUNY @ Stony Brook 50 Circle Road, Stony Brook, NY 11790-3400 Phone: (631)444-0365•Fax: (631)444=0360 Website:y"JeQny.gov_ LETTER OF NO JURISDICTION RECEIVED RJJ Properties LLC January 15, 2013 FEB A 2013 107 Bonaire Lane Bonita Springs, FL 34134-8502 BOARD OF APPEALS Re: -Application#1-4738-00573/00005 7225 Nassau Point Road, SCTM#1000-111-15-12 • Dear Sirs or i1Aad-ams:_—�----- ... -- . Based on the-information you submitted.the Department of Environmental" Conservation has determined.that the existing bulkhead is functional, more than 100 feet in length and was constructed before August 201977, as shown on historical aerial photographs. Therefore, the properly landward of the bulkhead is beyond Tidal Wetlands Act(Article 25)jurisdiction and no permit is required for work landward of this structure. Be advised, no construction, sedimentation, or.disturbance of any-kind may take place seaward of the tidal wetlands jurisdictional_.Wundary, as indicated above, without a permit. _It is your responsibility to ensure that.-all precautions are taken to prevent any sedimentation or disturbance within Article 25 jurisdiction which may result from your project: Such precautions may include maintaining adequate work area between the - jurisdictional,boundary and your project(i.e. a 15':wide construction area) or erecting.a temporary fence, barrier, or hale bay berm., This letter shall remain valid unless site.conditions change. Please-note-that-this_Ieater.does.notrelip)t!a-� of_the.re$ponsibiliiy.of.obtaining any necessary permits or approvals from other-agencies or°[oval municipalities. Sincerely, Id Carrara Permit Administrator cc: John Blakely BOH-T_W File o 060, opt • 17 •nY 1 41 03 m -- O m V5 N < O III f 0 S�FfQ1.k��y a Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD �635 MEMBERS RECEIVED GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR, SERGE DOYEN,JR. FEB 2013 JOSEPH H. SAWICKI JAMES DINIZIO,JR. BOARD OF APPEALS ACTION OF THE BOARD OF APPEALS App].. No. 3881 Matter of WARREN AUGENTHALER. Variance to the Zoning Ordinance, Article III, Section 100-33,. for permission to construct accessory building in frontyard area. Property Location: 7225 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Section 111, Block 15, Lot 12. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of WARREN AUGENTHALER, under Appeal No. 3881; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the east Nassau Point Road, Town of Cutchogue, and is identified on the Suffolk County Tax Maps as District 1000, Section 111, Block 15, Lot 12. 2. This is an application for Variances from the Zoning Code Article III, Section 33, for permission to construct accessory building in frontyard area. t Page 2 - Appl. No. 3881 Matter of WARREN AUGENTHALER Decision rendered January 9, 1990 3. Article III, Section 100-33,. In the Agricultural- Conservation and Low-Density Residential R-80, R-.120, R-200 and R-400, accessory buildings and structures or other accessory uses may be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. B. Such buildings shall be set back no less than three (3) feet from any lot line. C. All such buildings in the aggregate shall occupy not more than forty percent (40%) of the area of the required rear yard. 4. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; and placing the accessory building in any other location in the front yard will require other variance relief; (c) that the area chosen for the accessory building is not unreasonably located; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was Page 3 - Appl. No. 3881 Matter of WARREN AUGENTHALER Decision rendered January 9, 1990 RESOLVED, to GRANT a Variance in the matter of the application of WARREN AUGENTHALER, as applied under Appeal No. 3881, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the 8' by 10' shed remains 170+- ft. from Nassau Point Road. 2. That that the shed be no closer than 5+- ft. from the south property line. 3 . That the shed be used only for storage purposes. Vote of the Board: Ayes: Messrs. Georhinger, Grigonis and Dinizio (Absent Serge Doyen and Joseph Sawicki) . This resolution was duly adopted. df GERARD P. GOEHRINGER, C AIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOV114 CLERK DATE J� 111'1 HOUR 2; - -I "'-= Town Clerk, Town of 'Southold Orr-Md'b Of Pro*60aed SL6division- f,�T3tro� D- Noaa'0d PIA Cdu I'L co. M.,G No. 7+9). ..r. B s • o o•y. Y lh /c/ P -rH `rot *h-) . t yr 7!I ♦ ti Q �� O •o� ors f � � l3 63 1 lu IL --Lao" a- ,tre• Rd/ PArs r stied tf liars l� MAP OF _Lor 54 "el MEN&EV_AMP A- SASSAU F'n/Nr" �3ar�'e^at�c 4 a�vrr7Yt56� Sca/ss So',= I" • d0avarY'FO FOAL 19 ar Mor�urrenf wAQ 6USA N AU6EN 774AL.CJZ ' dNff GO. 1'CX POrC('I' Ar MAV71402FM ALITUM M Of 11CMnft y rO TWS k*M n A VlOUTTON Of d uOraJs/did t0 Babyrbar► Abd fret 7 ¢400,i. ( ITCTION 7If11 M iN[MEW roar aTAT dN d f0 'Fl rot Ar"aricail Ti Td/d /b/a4r4M OL tPUCATION LAW. Cane or TTm wfvnrw low K;A O Tm LA+o$4MOVS W.0 UAL OR Hftism SrAL UV.LL Mot■copamm �QYipr All&K VAN r[/Yl., P. 4c. TO u A VALID T.UL con. f CUAAMI S WACATTD MLT:ON SMAU RLW Al2. `� a�- -, o!.II to TM:+tea:FOR vnlaw TN!tufvn .._.. � IS"1U M.[0.MD Jr.Nli PNAI/TO WVJ Land . TIiLL COWANt.-30Vl3hAM G 'V&4AL AGTNCT AM d our✓�tJn T's J LINCP!G NSUTUTPON UST®NNIfOTI Alp 1 To TNT ASSIOMOS Ol RE Lamfc fen IVTIOM.GUAW11M AR NOT TfbH6NUTU FORM NO.4 RECEIVEb TOWN OF SOUTHOLD BUILDING DEPARTMENT FEB 6 2013 Office of the Building Inspector Town Hall Southold, N.Y. BOARD OF APPEALS Certificate Of Occupancy No. . . . . Z10408. . . . . . Date . . . March .3... . . . . . . . . . . . . . . . . . .. 1981. THIS CERTIFIES that the building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property ?225 Nassau Pt: Roads Cutchogue , New York House No. Street Hamlei County Tax Map No. I000 Section . . . . ?.11 . . . .Block . . . 15. . . . . . . .Lot . . . 012 . , , , . , . , , Subdivision Nassau .Pt , ,Club Prop... . . , , ,Filed Map No. 56. . . .Lot No. . , 54 r io nen�.ts far& a one-jam ? d e ]ing b tj It ' or to conforms substantially to the 10A or-�U A9-Per >: or e- a -trt l is �cedagid Certificate of OccupancyZ10408 Apr.i.l .23.,. . . . . . , 1957. pursuant to which$ailding-Fermit-No. . . . . . . . . . . . . . . . . . . . . . dated . . . . . . . . . . . . . . . 19 . .$?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 . , . . . . . . . . . . . . . . . . . . . . . Prey,tq. ORe-Family Dwelling. . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . The certificate is issued to . . . . F.r i,e aA .J,. B Q b I eR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (owner,Y9sa�E+alghgnt) of the aforesaid building. Suffolk County Department of Health Approval . . .N/R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . X/.R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . *This updates BP#2018Z issued April 3 , 1963 - COZ1695 , 9/13/63 . 00-41.0'.i��- . . . Building nspector . Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspector FEB-6 2013 Town Hall Southold, N.Y. BOARD OF APPEALS CERTIFICATE OF OCCUPANCY NO: Z-32110 Date: 12/29 06 THIS CERTIFIES that the building ADDITIONS/ALTERATIONS Location of Property: 7225 NASSAU POINT RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section Ill Block 15 Lot 12 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 24, 2003 pursuant to which Building Permit No. 29766-Z dated SEPTEMBER 29, 2003 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 ADDITIONS & ALTERATIONS TO AN EXISTING SINGLE .FAMILY DWELLING AS APPLIED FOR. The certificate is issued to RICHARD A HORSTMANN (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-010-0185 04/11 06 ELECTRICAL CERTIFICATE NO. 2024021 06 28 05 PLUMBERS CERTIFICATION DATED 07 05 05 HARDY PLUMBING & HEATING uthorized Signature Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT 201� TOWN CLERK'S OFFICE FEB•6 SOUTHOLD, N. Y. BOARD OF APPEALS. S. CERTIFICATE OF OCCUPANCY No. ..21695............ Date .................... eptekb*r•.....1,3...... 19.43. THIS CERTIFIES that the building located at .......9/84as.edu..poipt...Ro.........•.•• Street M4&l%*BS..PQiUt•.C]BJkkftdDP......... Lot No. .. , i conforms substantially to the Application for Building Permit heretofore filed in this office datedf' ' M ' iA rid••••••• 19...6 pursuant to which Building Permit No. ...:,7...�,p1,8 �..........•. 3 dated ................................. pril.......3.., 19....63 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 ....:.,i rateone a�i13r..d�ael�in�....•.........................................................................I............. The certificate is issued to ....... ,.�.�..3as�pti Tt? o g......................................owner..!....... owner, lessee or tenant) • of the aforesaid building. .........................................,..................` . ....................1. Building Inspector i . '� r FORM NO. 4 TOWN OF SOUTHOLD RECEIVER BUILDING DEPARTMENT Office of the Building Inspector FEB-6 2013 Town Hall Southold, N.Y. BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No Z-19383 Date SEPTEMBER 25, 1990 THIS CERTIFIES that the building ACCESSORY .Location of Property 7225 NASSAU POINT ROAD CUTCHOGUE, NEW YORK House No. Street Hamlet County Tax Map No. 1000 Section 1111 Block 15 Lot 22 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MARCH 19, 1990 pursuant to which Building Permit No. 18897-Z dated MARCH 21, 1990 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY SHED AS PER CONDITIONS OF ZBA #3881. The certificate is issued to WARREN W. AUGENTHALER (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Building Inspector Rev. 1/81 FORM NO. TOWN OF SOUTHOLD RECEIVED j BUILDING DEPARTMENT Office of the Building Inspector Town Hall FEB,6 2013 Southold, N.Y. BOAR® OF APPEALS CERTIFICATE OF OCCUPANCY No Z--23170 Date AUGUST 17, 1994 THIS CERTIFIES that the building ADDITION Location of Property 7225 NASSAU POINT ROAD CUTCHOGUE, NY House No. Street Hamlet County Tax Map No. 1000 Section III Block 15 Lot 12 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 12, 1989 pursuant to which Building Permit No. 18224-Z dated JUNE 16, 1989 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is A DORMER ADDITION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to WARREN AUGENTHALER {owner} of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N097468 OCTOBER 16, 1989 PLUMBERS CERTIFICATION DATED K & K PLUMBING & HEATING AUGUST 8, 1994 J Building Inspqfftor Rev. 1/81 FORM NO.4j„�'�j TOWN OF SOUTHOLD C% BUILDING DEPARTMENT r RECEIVED Office of the Building Inspector Town Hall FEB-6 2013 Southold, N.Y. BOARD OF APPEALS Certificate Of Occupancy Z196 No. . - 3 2 . . . . . . . . . . Date . . . . . . . . . . APRIL. . .1. . . . . . . . . . . . .. 19 85 THIS CERTIFIES that the building . .AD•DIT ION • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Location of Property �,12 NASSAU FOTi�T ROAD treet• GUTHOGUE- ouse o. S •Hamlet County Tax Map No. 1000 Section . . .1.1 1 . . . . . .Block . • . .1,5 , , , • , • , , •Lot , • , , , , 12 Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 1 0, • , • , , • . , 19 8�.pursuant to which Building Permit No. .1.335.1.Z. . . . . dated . . . •AUGUST 14, , , • , , , , • , , , , , 19 . ,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 . . . . . . . . . • FOR A DECK ADDITION ,TO AN. EXISTING DWELLING , • „ The certificate is issued to . WARREN„& •SUSAN, AUGENTHALER , , • „ (owner,•lessee or tenant} of the aforesaid building. Suffolk County Department of Health Approval . . 131,A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . N A. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . NA 4 I Building Inspector Rev.1/81 FORM NO,4 RF-CEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT FEB`6 2013 Office of the Building Inspector Town Hall BOARD OF Southold, N.Y. APPEALS Certificate Of Occupancy No. Z13295 . . . . . . . . . Date . . . . . ,APRIL. �. . . . . . . . . . . . . . . . . 19$�. THIS CERTIFIES that the building . ADDITION, , , , , , , , , , , , , , , , . . . . . . . . . . . . . . . . . . . Location of Property N 5. .NAAS4U. POINT ROAD , , , , CUTCHOGUE, , , , , , , , , House No. ill . Street Hamlet County Tax Map No. 1000 Section . . . . . . . . . .Block . .15. . . . . . . . . . .Lot . . . 1?. . . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated A P R I L,., . . 1, , , , , , , , 196.2 .pursuant to which Building Permit No. . . 1,1,6 2)Z, , , , , , , , , , , , dated A P R I,L 2 4, , , , , , , , , , , , , , , , , , 19 8? ,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 . . . . . . . . . , . , FOR, ALTERATION ,&, ADDI�IO�V ,T0 E x�STT1jC� j1WEL�ING. , , , . . . . . . . . . . . . The certificate is issued to . .U R R,W �. A U AV . .A.UAM TRA W$, . . . . . . . . . . . . . . . . . . . . . . (owner,lessee or tenant) of the aforesaid building, Suffolk County Department of Health Approval . . .N t A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . N.14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IdaA A _ r Building Inspector Rev.1l81 TOWN OF SOUTHOLD BUILDII , _,-''ERMIT APPLICATION CHECKLIST BULDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health lit:lt'` SOUTHOLD, NY 11971 4 sets of Building Plans E TEL: (631) 765-1802 Planning Board approval ? FAX: (631) 765-9502 Survey V SoutholdTown.NorthFork.net PERMIT NO. Check Septic Form N/!a N.Y.S.D.E.C. ✓ ' Trustees (�f°f3'oyr:-v3 C.O:Application RECEIVED Flood Permit 1 e� Examined 20 Sing]Q,&-Separate FEB,6 2013 Storm-Water Assessment Form w Contact: Approved , 20 BOARD OF APPEALS Mail to: .)oN/JN.91,4;fr.k4 Disapproved a/c � ���, /ge-, e42. /30Xl,-32 SOUip-qkP N.Y. 11971 Phone: 6.31 7 S" t-Q3 9 Expiration 20 ry pE C � E Building Inspector FEB 2013 APPLICATION FOR BUILDING PERMIT Date. ,}t9N, 31 320 13 BLDc.DEFT. INSTRUCTIONS TOWN OF SOUTHOLD a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of.plans, acctrii-ate plbl'p'lan td scale: Fee•acgbrdij1@to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed withiwl 8'i-nunths-fl'&H--'sucli date. if no.zoni•rrg,arirendn-rents or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, 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, ordiLances, building code, housingleode, and re a id to admit authorized inspectors on premises and in building for necessary inspections. J u MAY N• �3,101fc)Y' (Signature of applicant or name, if a corporation) no r�ox l>z,92 SoUzt�o1,D N•y !l��� (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder 19 CEYT Name of owner of premises Li C 16 ✓3CNt4(12r LNI, 136NI A Srp&F4 S P4 3 kI314- i3So2, (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No, 1. Location of land on which proposed work will be done: NASSA t27_-CU2cHo(U1K N-Y 11'1 House Number Street Hamlet County Tax Map No. 1000 Section I1 Block (S Lot 1�1 Subdivision Filtd,Ma No. 7 Lot � 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ><>`51 D6N7'1/41` b. Intended use and occupancy RraS),Dl ff i'fRL 3. Nature of work (check which applicable): New Building Addition Alteration Repair V Removal Demolition Other Work (Description) 4. Estimated Cost [�000 Fee s-0 00 (To be paid on filing this application) 5. If dwelling, number of dwelling units NCinibei)of dwelling units on each floor If garage, number of cars 6. If business, commercial or,mixed occupancy, specify nature and extent of each type of use. ? 7. Dimensions of existing structures, if any: Front 12 3 Rear 12 Depth Q, Height 9 ` Number of Stories I Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front "12�3 Rearjf3 L — D-Jell "' :1y Height R Number of Stories 1 9. Size of lot: Front 101�• 131 Rear 100 Depth '�3 ,49 10. Date of Purchase 9- 34 ^9 - Name of Former Owner 1, a 22rA/g.$US AA; a04 -h i k A UKko ? 11. Zone or use district in which premises are situated t28s 11)r;;N'1'C41- 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO V` 13. Will lot be re-graded? YES NO V Will excess fill be removed from premises? YES NO 1©7 aws4trtC i,4AW a2 14. Names of Owner of premises RJR (�609r;'� rtg��CAddress Awe^,aSPiv%417-443436- M'Jie No. 9e 3639 Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ✓ NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? "' YES ti NO * IF YES, D.E.C. PERMITS 1GfAY:BF.,REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If e1,eygti4n at 4py point on�.pl.operty.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 1/ IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COI 1NTY OF; J614 N 1J, ALAXf-�4`1 being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, CONNIE D. HUNCH Notary Public,State of Now York No. O7 SU6185050 (S)He is the AnEA1 j �,� �;:__, �-,e_.xti®urt (Contractor, Agent, Corporate Officer, etc.) Cc;rnprr scion Expires April 14, 2 of said owner or owners, and is duly authorized to perform or have performed the said wort: and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn o before me this day of 20 R Notary Public ~' Signature of Applicant TOWN . OF SOU'THOLD P90PERTY RECORD' CARD OWNER. STREET —�'�'Y "'� �rM VILLAGE DISTRICT SUB, LOT _ /..,pw� ha JINb h 7'Ad aal 1. v t C, a FORyIER OWNER �� �a N E ACREAGE G..� $ W TYPE OF BUILDING RESt f SEAS. VL, FARM comm. I'ND. I CB. �, MISC, ' '';ND IMP. TOTAL DATE REMARKS ��5 d d �' ti+ 1 a s 3 d a 3 e•!G' ���F S � '�` d,S�Go.4 ,(fie ��, o AlfOh Aa 4}' F n��� , 7 t p �f//ter �.� ` � 41.9 RLc� '1'�AL.' I 'I bt.dC... 0nOt7io� F , 111t�t� '—a/ �? a Ea" •� I ca[� 1f- q` i' a'� - (,� 01 - Q -kr 5 c' Jcot. ��'.•y � AGE �, BUILDING'CO D IQ Ea /3 ~' I LD" I.G' d�" `�-�1 �2' `�` 4o ,��1� l /11 C~ NEWell O�MALP . . BELOW a. aL y AB V 7 /t U . /� l�wc. '� �'i ' c P �^d ✓� ' fl6' p core e. 1Gr000 - B�o� ! u� ' ,u-' 1. 10 S a r e -,p/Zio- ri: o O !o • core t� 'ova- �' T11161618 2 i'iliable, 3 dVo,odland 1: G�a� i' t' cari7d�h'�� c� iwarnpland : y 7/ r 3rushlanc . House Plot ol" oft L• _ --- ®®®®®■®®®else®ele®!!Fi®®'1®eee�ee� �,.. 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POINT RID MCK SLSHISP VISW S'Cgie Y4 Oc. • � r STANDAR.L) 1-hAI UKtb 225 lb.20 Year guarantee y;C.D.X. Douoie gusse!zc asphalt sell•seal,nq shingles drool trusses lot unmatCncc Overnan' on to your choice . :olors strenglh sheath ng all lour noes eliminates s.oewan streaking from veal r runotl `�� �1 c ' - - i"_` ar.a:r.iEn.ance FreE - pa,nteo i "000 corners tiium:num Jalousie ..,,noows wnn screens Snuncrs.0, moose Opt,onat winoovis Custom t.jcement at no aoarlronai cnarge. Reinforced Double Doors paintpd on both sides , LatexracrytrC exterior paint with framing of :es n your cnoice of 13 colors ' or ctear•seafed PRE SSURE-TREATED B.C. PRESSURE TREATED 5 ply plywood[too(.secured 2z4 Ifoo, louts t 6-0 C Maintenance Free with ring shank nails PRESSURE TREA?-P^ 8' T. t Fir Sid-- to..—zoon oeams Jacks 8 headers in all door framing to meet all Slate and --_--' -`^_--- -- Local Building Codes_-- .4 X �c J un�N�2S ?,EGEIVED .A x J4 XL c3e2 Soisrs FEB •6 2013 �/R C C A PI `I W CO D P P D OF APPEALS ., x Y STviis �® •T- I I I P I WOOD Rrl—rL i25 :1 x 4 Y 7,3 r ELIZABETH A.NEVILLE,MMC ��� �r/y Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 y Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 16 yC Fax(631)765-6145 MARRIAGE OFFICER A 0 Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �j �►a FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: February 7, 2013 RE: Zoning Appeal No. 6633 Transmitted herewith is Zoning Appeals No. 6633 John N. Blakely for RJJ Properties LLC 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 A. Horstmann to John N. Blakely to Represent him in this Matter, Two Pages of Photos (Both Sides), Copy of Property Record Card(Both Sides), Two Pages Letter of No Jurisdiction from the NYS Department of Environmental Conservation Dated January 15, 2013, Four Pages of Action of the Board of Appeals No. 3881 Dated January 9, 1990, Copy of Certificate of Occupancy No. Z10408 for Private One-Family Dwelling Dated March 3, 1981, Copy of Certificate of Occupancy No. Z-32110 for Additions &Alterations to an Existing Single Family Dwelling Dated December 29, 2006, Copy of Certificate of Occupancy No. Z1695 for Private One Family Dwelling Dated September 13 1963, Copy of Certificate of Occupancy No. Z-19383 for Accessory Shed Dated September 25, 1990, Copy of Certificate of Occupancy No. Z-23170 for A Dormer Addition to an Existing One Family Dwelling Dated August 17, 1994, Copy of Certificate of Occupancy No. Z13296 for A Deck Addition to an Existing Dwelling Dated April 1, 1985, Copy of Certificate of Occupancy No. Z13295 for Alteration&Addition to Existing Dwelling Dated April 1 1985, Copy of Application for Building Permit Dated January 31, 2013, Copy of Notice of Disapproval from Building Department Dated February 5, 2013, Site Plan Showing Existing&Proposed Construction Dated December 21, 2012 Prepared by John N. Blakely, Survey Showing Property as it Exists Dated May 22, 2001 Prepared by Stanley J. Isaksen, Jr., Deck & Shed Plan View, Plan Showing Construction of Shed. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 2/6/13 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6633 RJJ Properties LLC 4791 $250.00 RECEIVED � B - 72013 Southold Town Clerk $250.00 By_lc_ Thank you. Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/07/13 Receipt#: 146397 Transaction(s): Reference Subtotal 1 1 ZBA Application Fees 6633 $250.00 Check#: 4791 Total Paid: $250.00 Name: Blakely, John & Frances Box 432 550 Orchard Rd Southold, NY 11971 Clerk ID: CAROLH Internal ID:6633 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson *QF $OUTS, 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning ,�'�. • a0 54375 Main Road(at Youngs Avenue) Ken Schneider O`ij'COO{ Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 7, 2013 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, MARCH 7, 2013: 11:00 A.M. - RJJ PROPERTIES, LLC -#6633 - Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's February 5, 2013 Notice of Disapproval concerning a permit for a 12'X8" accessory shed, at; 1) proposed structure at less than the code required bulkhead setback of 75 feet, located at: 7225 Nassau Point Road (adj. to Peconic Bay) Cutchogue, NY. SCTM#1000-11145-12 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) 76571809, or by email: Vicki.TothO-Town.Southold.ny.us Dated: February 5, 2013 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, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net February 11, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, March 7, 2013 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before February 18tn: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with ,property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us as soon as possible; AND'not later than February 25th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later February 27t": 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 March 5, 2013. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. O TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application ofMAILINGS 2J) PRaPrR`rlr5 �1.G (Name of Applicants) S(jTM Parcel# 1000- !1 l - p;- 12 COUNTY OF SUFFOLK STATE OF NEW YORK I, 30WN N• &if)YF_J-f residing at New York, being duly sworn, deposes and says that: On the J�V day of FE8 , 20 13, I personally mailed at the United States Post.Office in 6OUTH61-0 , 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 is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property) (Signature) Sworn td before me this CONNIE t3. BUNCHA54kday of T , 20 Notary Public,State of New YorkNo.01 BU6185050 t Qualified in Suffolk County Commission Expires April 14,20/ (Notary Public) PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next -to the owner names and addresses for which notices were mailed. Thank you. ■ ■ Complete items 1,2,and 3.Also complete 7A.0sig item 4 if Restricted Delivery is desired. Er •• • ■ Print your name and address on the reverse L��� Dso that we can return the card to you. Er-■ Attach this card to the back of the mail lece, y •nted Name) O. C00 ' or on the front if space permits. 94 1. Article Addressed to: D. Is delivery address different from item 1 0 Postage $ $0.46 097 If YES,enter delivery address below: 1�Y Certified Fee $3.10 Q 7N vr� rU M I C H.4r 1, CA l 1j PAAl0 O Return Receipt Fee Postmark _ _ _ E3 (Endorsement Required) $ � Z Here 4�3 2$ 1VA,,6 r u NPV r /26 4D• r3 Restricted Delivery Fee O F�61 26 3 1)CGW o U r /v•Y• 'd"l 1 (Endorsement Required) $0,00 c� 3. Service Type rl ni Total Postage&Fees $ $6.11 07X 0 � ❑Certified Mail ❑Express Mail r u j jp ❑Registered ❑Return Receipt fi Sent To ❑ Insured Mail ❑ C.O.D. RJ �Cf�(,�r�- C0[0P4Af0 r•9 ------------------- Street,Apt.No-- ry?(ExtraFee) � or PO Box No. 7 3 2 S ✓VA/ SRU PoivI . 2. Article Number j ; City Siaie,ZIP+4---------------------------------------------- . Restricted Delivery? (Transfer from servicelabel) ` ¢I 70`12': 221:� `. '��2 0371.; 9993; CU1r_gd UE iwr JOB— PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-15�0, MIA; '_-OMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete A. si ® • item 4 if Restricted Delivery is desired. © ■ ■ Print your name and address on the reverse ,• sill" • so that we can return the card to you. B. Received by(Printed Name) C. Ir ■ Attach this card to the back of the mailpiece, o^ • ace permits. , . or on the front ifs ` p p D. Is delivery address different from item 11 rR CUfC�iOGllE W 1 9 1. Article Addressed to: If YES,enter delivery address below: N n� m Postage $ $0.46 0971 P11 1 12 i C 14 {out uN[ IM Certified Fee ru $3.10 03�• r P.C. Postmark �0 Q, 6LIX 903 Return Receipt Fee j fir, . p i-' C �t% (Endorsement Required) $2.55 Here y 1 c U•(o4o Z v I_ X.I. j 1%J Restricted Delivery Fee 3. Se ice Type CJ (Endorsement Required) $0.40 ,®1 Se Mail �❑ ress Mail F f ❑Registered Lid Retum Recelpi rU 7-Total Postage&Fees � $6.11 6 / g 13 ❑ Insured Mail ❑C.O.D. Sent To _ 4. Restricted Delivery?(Extra Fee) 0 S1----ee,Ap�Nor�-n---- Re a liv ra IC/t9 �"=/U 2. Article Number. ! 1 i ; i I I 1 or PO Box No. P6 lg®� 9®g-�-------------------------------------- PS(Transfer from service label) 7 012 2 210 01102 0 3 71 9986 Ciry state,N14 -- -- Form 3811,February 2004 Domestic Return Receipt :oo rr. `OMPLETE THIS SECTION7Received ■ Complete items 1,2,and 3.Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. nted Name) C. 1= ■ Attach this card to the back of the mailpiece, f` or on the front if space permits. Rl A1� tV LEiI 10` { I , D. Is delivery address different from item 1? r9 1. Article Addressed to: If YES,enter delivery address below: m Postage $ $0.46 0971 o ,�c _` N Certified Fee $3.10 �©�. Jy - � ;4 'fA�rCi�r 14 Y4 Ore 17 VC- • I-3 r, Postmark 1\� i �p RetumReceipt Fes $`�� �•`�'• Here r3 (Endorsement Required) 13 Restricted Delivery Fee $0.00 1 3. Se ice Type (Endorsement Required) 1 Certified Mail ❑Express Mail �� ❑Registered Return Receipt fc ..Total Postage&Fees $b.l l �02/y+/, 013^ t.2 ❑ Insured Mail ❑C.O.D. p fU �r R Set To r= . ' 7G� � 'dV 4. Restricted Delivery?(Extra Fee) lu .......................... a ~�� - rr eet, .. _ ------------------------------------------------- Apt. 0.; 2. Ace Number- orPOBoxAo. Ak{�4-fiG °YLbP �v--------------_ _ -- - ..7012 2210 0002 0371 2741 � � Ciry ,ZIP+4 -------------- State (transfer from service label) n®jJ:XcVi uP N.Y. 1 d7043 - 311 3811,February 2004 Domestic.Return Receipt 11 •- • - . :rr TOWN OF SOUTHOLD ZONING BOARD OF APPEALS - SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING r koPr:-rzrl rs Imc (Name of Applicants) Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel#I0.00- 111 - 19-1 Stl b,,r)401,D COUNTY OF SUFFOLK) STATE OF NEW YORK) I, J,0)4hV N• residing.at SSO 612el4m, P RD PD go�c�g2 so 714 61-D , New York, being duly sworn, depose and say that: On the day of (-F8 , 2013 , I personally placed the Town's Official Poster, with the date of hearing and'nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or.right-of- 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 M a R, 7 2 1 (Signature) I�DySworn to boore,,��m.. .e this Day of -eLhAA ., 2013 , CONNIE D. BUNCH Hots((�� y Public,State of New York No. 01 BUGS 660a0 ozvvQualified in Suffolk County �� 1/\Ji Commission Expires April 14, (Notary Public) 'c near the entrance or driveway entrance of my property, as the area most visible to passerby. NOTICE OF HEARING The following application will be heard by the Southold Town- . Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME RJJ PROPERTIES LLC #6633 MAP # 111E= 15= 12 VARIANCE BULKHEAD SETBACK REQUEST . ACCESSORY SHED DATE : THURS , MARCH 7 , 2013 11 : 00AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . 70NING BOARD -TOWN OF SOUTHOLD 765 = 1809 #11080 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 21 st day of February, 2013. Principal Clerk Sworn to before me this % „ _day of 1' —� 2013. [,A, C R'�TINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01 V06105oSo QUOlifled in Suffolk County ""y Commission Expires February 28, 2016 updated January 8.2013 Notice of Dis- merge until the total lot size conforms you have questions,please contact oil- approval based on an application for to the current bulk schedule(minimum office at, (631) 765-1809, or by email building permit to convert a portion of 40,000 square feet in this R-40 Resi- VickLTQth@Tbwn,Southo)d.ny.us. an existing barn to a faun stand,at;1) dential Zone District)this lot is merged Dated:February 11,2013 less than the code required setback of 50 with lots 1000-31-3-10 and 1000-31-3-9, ZONING BOARD OF APPEALS feet from the road,2)the criteria of bona located at: 9775 Main Road aka State LESLIE KANES WEISMAN,CHAIR. fide agricultural production has not been Route 25(corner Stars Road),425 Stars PERSON ]LEGAL NOTICE shown,located at:5000 Cox Lane,Cu- Road.(Lot 10)and 455 Stars Road(Lot BY.Vicki Toth SOUTHOLD TOWN tchogue,NY.SCTM#1000-96-2-10.1 9),East Marion,NY SCTM#'s—1000- 54375 Main Road(Office Location) ZONING BOARD OF APPEALS 1.0:40 A.M. - GEORGE and LISA 31-3-23,10,9 53695 Main Road(Mailing/USPS)- THURSDAY MARCH 7,2013 HAASE #6626 - Applicant request a 1:15 P.M. - DANIEL MAHONEY P.O.Box 1179 PUBLIC HEARINGS Special Exception under Section 280- #6628- Request for Variance from Ar- Southold,NY 11971-0959° NOTICE IS HEREBY GIVEN,pur- 13B(1.4). The Applicant is the owner ticle XXIII Section 2807124 and the 11,080-1T 2/21 suant to Section 267 oftheTown Law and requesting authorization to establish Building Inspector's November 13,2012 Town Code Chapter 280(Zoning),Town an Accessory Bed and Breakfast, ac- Notice of Disapproval based on an ap= of Southold,the following public hear- cessory and incidental to the residential plication for building permit for partial ings will be held by the SOUTHOLD occupancy in this single-family dwelling, demolition and construction of a new TOWN ZONING BOARD OF AP- with three(3)bedrooms for lodging and single family dwelling: 1) less than the PEALS at the Town Hall,53095 Main serving of breakfast to the.B&B casual, code required front yard setback of 35 Road, P.O. Box 1179, Southold, New .transient roomers.. Location of Prop- feet,2)less than the code required mini= York 11971-09591, on THURSDAY erty: 580 Skunk Lane Cutchogue, NY mum side yard setback of 10 feet,located MARCH 7,2013: SCTM#1000-97-3-11.6 at:3930 Stillwater Avenue(corner Track 9:30A.M. - LAURA YANTSOS I1:00 A.M. - RJJ PROPERTIES Avenue) Cutchogue, NY. SCTM#1000- #6631-Request for Variances from Ar- LLC-#6633-Request for Variance from 137-1-10 ticle,XXII Code Section 280-116B and Article XXII Code Section 280-116(B) 1:40 P.M. - RAYMOND STRONG Article XXIII 'Code Section.280-124 based on an application for building per- # 629-Request for Variance from.Ar- and the Building Inspector's October 10, mit and the Building Inspector's Febru- ticle III Code Section 280-15 and the 2012;.-updated January 3,2013 Notice of ary 5,2013 Notice of Disapproval con- Building Inspector's January 10, 2013 Disapproval based on an application for cerning a permit for a 12'X8"accessory Notice of Disapproval based on an ap- building permit for additions and altera- shed, at; 1) proposed structure at less plication for building permit for.an ac- tionsto existing single€amity dwelling at; than the code i•equired.bulkhead setback cessory in-ground pool;1)location other 1)bulkhead setback of less than the code of 75 feet;located at:7225 Nassau Point than the code:permitted front yard.on required 75 feet,2)less than the code re= Road (adj.to Peconic Bay) Cutchogue, waterfront property or rear yard, lo= quired minimum side yard s Y etback.of 10 N SCTM#1000-1I3-15-12 cated'at:2205 Bayview Avenue(ad.to feet,3)less than the total combined side 11:30 A.M.--GREGORY and CAR- Arshamomoque Pond) Southold,.NY. yards of 25 feet,4) Less than the code OL KARAS#6630-'Request for Vari- . SCTIvI#1000-52-5-2 required front yard setback of 35 feet, ances from Article XXII Code.Section 2:00 P.M.-VICKI TOT.#6621-AP'-. located at:3455 Bayshore Road(adj.to 280-116A(1) and Article III Code Sec- plicant request a Special Exception an- Shelter Island Sound) Greenport, NY. tion 280-15 and the Building Inspector's der Section 280-13B(14),Tlie Applicant SCTM#1000-53-6-11 January 2.4,2013 Notice of Disapproval is the owner requesting authorization to 10:00 A.M. - SHAMGAR` API- based on an application for building establish an Accessory Bed and Break- TAL,LLC(DANIEL B ITTA TOCO) permit for an accessory in-ground pool; fast,accessory and incidental to the resi, #6 2 —(Adj.from February 7,2013)Re- 1)top of bluff set back of less than the dential occupancy in this single-family quest for Variance from Article III Sec- code required 100 feet,2)location other dwelling, with three (3) bedrooms for tion 280-14 and the Building Inspector's than the code permitted front yard on lodging and serving of breakfast to the October 21,2012 Notice of Disapproval waterfront property or rear yard,locat- B&B'casual, transient roomers. Loca- based on an application for building per- ed at:135 Soundview Road(adj.to Long tion of Property:425 Jacobs Lane(cot- mit for construction of a third story ad- Island Sound)orient,NY.SCTM#1000- ner Main Bayview Road)Southold,NY. dition at:1)more than the code required 15-3-3 SCTM#1000-88-1-1.5 number of stories of 21/2,located at: 11.50 A.M. - GEORGE LIKOKAS The Board of Appeals will"hear all 1165 Kimberly Lane (adj.to Southold #6632 -This is a request for a Waiver persons or their representatives, desir- Bay)Southold,NY SCTM#1000-70-13- of Merger under Article II, Section ing to be heard at each hearing,,and/or .20.7.. 280-10A, to unmerge land identified desiring to submit written.statement$ 10.20 A.M. - HARBOR VIEW as SCTM #1000-31-3-23, based on the before the conclusion of each hearing; FARM. LLCdba 8 il.H N #6625 - Building Inspector's February 1, 2013' Each hearing will not start earlier than Request for Variance from Chapter 72, Notice of Disapproval,which states ad- designated above.Files are available for Article II,72-5(B),72-6(1&3)and the joining conforming or nonconforming review during regular business hours Building Inspector's October 17, 2012, lots held in common ownership shall and prior to the day of the hearing.If BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �O��OF $�UryOl 53095 Main Road•P.O.Box 1179 p 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 100U Southold,NY 11971 http://southoldtown.northfo.rk.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 February 6, 2013 Mark Terry, Principal Planner �� LWRP Coordinator Planning Board Office Town of Southold F E B - 6 2043 Town Hall Annex Southold NY 11971 -- -- - Re: ZBA File Ref. No. #6633 (RJJ Properties LLC) Dear Mr. Terry: We have received an application for 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 L� o Encls. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson *OF SO(/ry 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer 4�- Town Annex/First Floor,Capital One Bank George Horning • �OQ 54375 Main Road(at Youngs Avenue) Ken Schneider Olif'COU Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 February 6, 2013 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 #6633 Owner/Applicant: RJJ Properties LLC Action Requested: Accessory shed - bulkhead 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 By:`�>e Encls. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson OF S0(/ryO 53095 Main Road•P.O.Box 1179 !O Southold,NY 11971-0959 [ i[ Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning • �OQ 54375 Main Road(at Youngs Avenue) Ken Schneider C00 Southold,NY 11971 �., http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 March 22, 2013 John N. Blakely P.O. Box 432 Southold, NY 11971 Re: ZBA File#6633 — RJJ Properties, LLC Dear Mr. Blakely: Enclosed is a copy of the Zoning Board's March 21, 2013 determination filed today with the Town Clerk regarding your application. Sincerely Vicki Toth Encl. 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