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HomeMy WebLinkAbout6714 3 1 a-d.4 Lf s Hill �d sou Io( `f b C4-n oW� p Dock r.d-eLi-ff xxrI� pl+ 4 Pr i I Office Location: ~O�*OF SO(/jyOlO Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O.Box 1179 Southold,NY 11971 GAO Q Southold,NY 11971-0959 i http://southoldtown.northfork.net RECEIVED BOARD OF APPEALS :vv e Apt TOWN OF SOUTHOLD F E B 1 0 2014 Tel. (631)765-1809 Fax(631)765-9064 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 23,2014 ZBA FILE: # 6714 NAME OF APPLICANT: Mladen Bay PROPERTY LOCATION: 475 Hill Road(adj.to Jockey Creek), Southold,NY SCTM# 1000-70-4-30 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply.dated December 30; 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 Standards. The LWRP Coordinator issued a recommendation dated December 23, 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 EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: This non-conforming 24,321 square foot parcel located in the R40 zone district sits between Jockey Creek and Hill Road in Southold. It is improved with a single family dwelling and accessory shed. The property has 100.00 feet of frontage on Hill Road, 245.00 along the western property line, 96.74 feet on Jockey Creek and 250.00 feet along the eastern property line. The property has a boat dock which juts out into Jockey Creek. All is shown on a site plan by Mladen Bay, Architect, date stamped received by the Zoning-Board of Appeals December 10,2013. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's November 25, 2013 Notice of Disapproval based on an application for building permit for construction of a garage and porch addition, at; 1)less than the code required combined side yard setback of 35 feet. RELIEF REQUESTED: The applicant requests a variance on this 24,321 non-conforming lot to construct a garage and covered porch addition in what is now the side yard. On lots between 20,000sq feet and 39,999 square feet the combined side yard setback is 35 feet. The site plan indicates a combined side yard setback of 26 feet. ADDITIONAL INFORMATION: Testimony was taken that the septic tanks are located in the front yard of the property. The applicant stated that the purpose of the garage is to store cars and there will not be any heat or Page 2 of 3—January 23,2014 ZBA#6714—Bay SCTM#1000-70-4-30 plumbing in the garage. Additionally the applicant provided variances that were granted in the area for similar setbacks. At the hearing,two neighbors spoke against the application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 9,2014 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 V67-b(3)(b)(1); Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of single family homes. Most of the lots on the Jockey Creek side of Hill Street are similarly sized lots. Attached garages are typical in this neighborhood. Many houses in the neighborhood are at a similar setback from Hill Street. 2. Town Law V67-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. The applicant "as of right" can build a detached garage accessory structure 10 feet from his property line in his front yard. The applicant can also "as of right build an attached garage closer to Hill Street than the house presently sits. However, granting the variance as applied for allows for one structure on the property instead of two, and it keeps the house further back off of Hill Street. A detached garage can be built within the same distance to the western property line as of right, as the applicant is proposing to build. 3. Town Law V67-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 26%relief from the code. However, the proposed attached garage addition will serve as storage space for the applicant's car collection which is now cluttering the applicant's driveway,and will therefore improve the visual appearance of the neighborhood. The proposed attached porch is in the rear yard and will have no visual impact on the street or the neighbor's property and is proposed at a conforming setback to Jockey Creek. 4. Town Law V67-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and install leaders and gutters on the house and install drywells to handle storm water runoff. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a covered porch and garage addition 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 Dantes, seconded by Member Schneider, and duly carried, to GRANT, the variance as applied for, and shown on the Architectural drawings labeled 1-3 and the site plan all prepared by Mladen Bay Architect and date stamped received by the Zoning Board on December 10, 2013. CONDITION: 1)All fencing on the subject property must conform to the building code. Page 3 of 3—January 23,2014 ZBA#6714—Bay SCTM#1000-70-4-30 That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alteration.s', extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board., Ayes:Members Weisman(Chairperson), Schneider, Dantes, Horning. Absent: Member Goehringer. This Resolution was duly adopted(4-0). Leslie Kanes Weisman, Chaiyperson Approved for filing l /d /2014 �71 T_ >_ 0 � 1 8,-0„ CY M1 A _ 2 Co � � 1 g,-0„ 1 0 Z -J 0 4„ CONC, APRON LLJ F- < U� 7EX-- �,NS10N NT (TYP.) 4" CONC. SLAB ON RELOCATE GARAGE IF-REp I I GRADE W/WELDED DOOR, INSTALL II �G\� MLADF/V C) c I WIRE MESH OVERHEAD TRACKS PARAL.EL/TIGHT TO II ---- m 1 01 „ UNDERSIDE OF II \ RAFTERS ABOVE II o '' ,s -off GARAGE II NE 0WS 00 LINE OF 4" CONC. S B °III NOUS EXISTING ON GRADE - II E X I ST I N G II HOUSE _d I I GAR G E �� 61 S q . Et II `� 1 - " PORCH I II PORCH I EXP. ; 0i I JOINT I REP f VE EXISTING I I C E D R SHINGLES ---- --- -- � 4" CONC. SLAM ON GRADS W f WELDED I AD INSTALL GYP __ O WIRE MESH I B I NEW GARAGE � Z XTEN ION (TYP.) Ld �--- - - - - - - - - - - -J » 34'-0„ Ln Ld FOUNDATION PLAN EXIST. ASP ► T PAVING COLUMN BASE LOCATIONS , „ B�. scc;o: 1/4"= `-aw Scale: 1 /8 = 1 --0 TO BE---" REM0VED - 2X4's .1 Sq . F�t ji Q LINE OF EXISTING HOUSE BELOW1 � O.C, .. � KLO SLOPE ... f _.........._.__..._....__ — — — — .X 2 s ---- EXP. JOIN EXI-S--T.� C 0 N C, . PATI0 / 0 TO Bt MOVE RESTORE WITH CO L_ _ ___� 2" RIVER N `� 280 S � sRUNOFF GRAVEL POq �-- LINE OF EXISTING HOUSE LINE OF EXISTING (`o AT 2nd FLOOR I ' �? HOUSE AT 2nd , ®' 544 SFt o _' I U) o FLOOR � .-'""� ccr 2X8's @ (4) 2X12's (PT) 6X6 ' �� --- SLOPE I 1 " Q.C, (2) 2X8's�EPDM FLAT ROOF 2X�i's � �""��������� (2} 2X 10's (TYP.) - 4" CONCRETE PORTION 16 O.0 SLAB ON GRADE 10'-0"' I T_0, LINE OF HOUSE I BELOW I - � P LAN 2X1° s c�� 2X1°_s c� 2 FINAL MAP SLOPE SLOPE i p" O.0 1 6" O.0 „ , ---- I � - LINE OF ROOF Scale: 1 /4 - 1 -0 I I � � SUPPORT REVIEWED BY ZBA STRUCTURE SEE DECISION # bi BELOW BELOW DATED / 5/ 20)LyL;j Cn LEGEND PARTITION TYPES EXISTING WALLS TO REMAIN -� AN ROOF FRAMING PLAN 9 Q— ROOF P L „_ , - DETAIL (AREA) Scala: 1 /8„ 1 ,---0„ Scale: 1 /� — 1 —0„ ELEVATION 2 !�' ��,-- `� EXTERIOR WALL ASSEMBLY 2x4 STUDS, PLY_ DWG NO; WOOD, FELT PAPER, CEDAR SHINGLES. l 1 SECTION � 1 DETAIL (SECTION) 3 SHEETS IN CONTRACT 3 b () ULGT- __ REMOVE EXIST. °� I .�O7-A 4`t L S OVERHANG OVER 1 o }- EXIST. GARAGED 2 > 0 DOOR II" : i 1....... _ ................................:..........,....._..............,...........:...........;........................... :._... .:..................._ !......_........�.. . ...---RHO TO REPLACE EXIST. ROOF '...... 1 L� . . : SHINGLESAT THIS AREA i......... .......................:....... : ................................_....................._.......................................'................i......................._.........._..........,............_...................i................. MATCH EXISTING I 1 l.... , Ln ..... ........ ._..... :. ..........! .. .... .......... ........ .. .......... ............. ..... .. ............ ... .. ......A...... .......... _...1..... .......__ .....A...... ............ } .. -.. ..7.... ..._I... _..i.. i ' i 1. ........ ......1.... , l i w I . {. .........Lj ............�.......... : 10" FIBERGLASS COLUMN GARAGE DOOR f f 3 I CEDAR SIDING TO CONCRETE t MATCH EXISTING PEAR -- E LEVATI 0 N A Scale: 1 /4"= 1 '-0" 0� C� 2 ROOF SHINGLES TO MATCH EXISTING h !! 1 !-3" -y" 2 0 ' -- -- FLAT _, El ROOF- , r . A ' I : w : c.� I ...:. ROOF SHINGLES TO _- 1...................._.....,.........A...... , ................. .. .. ...,_. ..... MATCH EXISTING ... .... 1Lu 1 � f , , f .. :.................A......._.........._: i. ... .....,.................A..... ......,..... ......,...... ..........,..... ........._.. ......,...... ......... ............ ... ... , I I : i � a.......... i ......_._.. .......... ......... ........ ........_ .. .. ... ........ .... , f ! � I CEaARi I SIDINGI i T '-i� _ CEDAR SIDING TO El I LJ MATCH EXISTING _ MATCH EXISTING (TYP.) I I, I ELEVATION B ELEVATION C Scale: 1 /4"= 1 '-0" Scale: 1 /4"= 1 '-0" z 0 1 FRAMED FLAT ROOF < 2 POCKET AT WINDOWS 2 2 r3 3 2 `r r r�� _ 200 t� g �_ 0 \ EXIST CHIMNEY __.._.._.._.. S/S FLASHING FINAL MAP 2 12. �-- w 1 /2 Ply VWd. (Typ.) J -- REVIEWED BY Z 24' ._, c I 4 BA f9 l � I I 3 ~ -- ' SEE DECISION # 14 0 4 / `E- :, - BLOCKING (TYP.) (3) 2x 12 __ __ `` REP 4OV5---EX-T: ----�` 2x 10 _ _ DATED n OVE-RHANG OVER I J TO MATCH _2xS (TY ) EXISTING_GARAGE_ _ _ _ ' RAFTERS _ Z,)xG COLLAR TIES AT 32" C. EXISTING _ _ DOOR I (TYP.) _ __ C I 200 (TYP.) 0 � EXTEND EXISTING I I I Ln€co FASCIA BOARD , I EXTERIOR -- PT 6x I ( 2Y-32 I -IN 4" CONC. SLAB ; WALL COLUMN - I v� �' I I I VW/WIRE MESH � I � > of ----� 4" CONC. SLA ASSEMBLY I �..�_, �I 4" CONCRETE i I I Cr r, I I ` ' -I PAD SEE PLAN 3'--0" VW/WIRE MESH I { GRADE I 31!, I ( I ( 2 ( W I I I I awe NO: 4' CONC SLAB EXIST GARAGE I I I VW/WIRE MESH DOOR TO BE I I I I RELOCATED � �.�_�___� I SECTION 1 � � �_6�, SECTION 2 Scale: 1 4„_ 1 '--0,! �� -�- -- f,.� �.. .� �' ,! !! / Scale: 1 /4 = 1 -0 SHEETS IN CONTRACT E-7i EXISTING CEDAR CORNER SILL_ BEARING SIDING REMOVED PLATE AND REPLACED AS /_ r POST SIMvMIPSON NECESSARY BRIDGING FASCIA HOLD DOWN BOARDS 0 HD5A C ALL S/S FLASHING l)E(° m COIRNER RIDGE VENT W/RIDGE PLY WOOD PASTS (OR --LINE OF CONCRETE EQIJA!_) FOUNDATION SIMPSQN SSP SHINGLE TO MATCH EXIST.-� 2x1 Q ° O..�� o @ 16 Q.C. 2x 12 (TYP) --- _ _ RAFTERS �=Co < 4 R E BAR OR EQUAL �---- .,. ... ��_...._._ 0 0 LL= _������y� �„ SIMPSQN SSP 2x10 (TYP.) O.C. (TYP.) �- O h X12 ANCHOR �= LINE OF PLY WD. � � 16 0•C• SHEATHING ON � ,� � ANCHOR BOLT BOLT 4'-0" O.C. OR EQUAL EXISTING HOUSE. PLY WOOD - WHITE ALUM. - I O CLADDING AT D: D__ CORNER POST SILL PLATE STUD TO SILL STUD TO TOP FASCIA o RIDS < Ln � D D 0W N AN C H 0 R B 0 LT PLATE TIE REMOVE EXISTIi�JG CDA 2X4 FRAMING ----�--___ � i � 0 H O L PLATE TIE SHINGLES AND INSTALL '° VINYL SOFFIT GYP BD. IN NEW GARAGE DETAIL TO MATCH SHEET M ETAL EXTENSION _ ALUMINUM EXTRUDED ALUMINUM EXISTING RTRAP NAILED Scale: 1 "_ 1 ' Q„ FRAME TO RAFTER @ WHITE ALUM. 16" O.C. ... SIMPSON STRONG � o CLADDING AT TIE H1 @ 16" O.C. FASCIA ° 0 0 ° °• ° OR EQUAL RIDGE VENT BOARDS 2x12 (TYP.) (TYP.) (2) 2x10 ROOF 0 G G 2x10 (TYP.) SHINGLES TO MATCH �EXISTING -- I-IANGER:S NOT 0 SIMPSQN STRONG D ETAI L 3 SHOSTRONG � 11-0" 0--) TIE H2 @ 16" O.C. N- OR EQUAL PLY WOOD SLIDING GLASS DOOR Scale: 1 11- 1 + 0" ROOF RIDGE ROOF DIAPHRAGM ROOF DIAPHRAGM Q UPLIFT STRAPS PERIMETER DETAIL PERIMETER DETAIL < Ply WD. W/ROOFING o �- D ETAI 2 I TO MATCH EXISTING Scale: 1 "- 1 ' -0" (TYP.) ----_ DESCRIPTION OF BUILDING ELEMENTS NUMBER OF COMMON NAILS NAIL SPACING SIMPSQN H 1 Z TIE ---1 ROOF FRAMING @ EACH RAFTER �— RAFTER TO TOP PLATE (TOE—NAILED) 3-8d PER RAFTER SB P�� CPC 1„ FASCIA BOARD cS / �.�.,� � PLY WD. W/ROOFING W/ALUM. 2x10 (TYP.) CEILING JOIST TO TO PLATE (TOE—NAILED) 3-8d PER JOIST TO MATCH EXISTING Q — CEILING JOIST TO PARALLEL RAFTER (FACE—NAILED 6-16d PER LAP ® (TYP ) CLADDING Ln CEILING JOIST LAPS OVER PARTITION (FACE—NAILED) 6-16d PER LEP >> M' U , '. _ COLLAR TIE TO RAFTER (FACE—NAILED) 2-10d PER TIE (a, SEMt JaN H1Z TIE_ {2} 2X4BLOCKING TO RAFTER (TOE—NAILED) 2—Sd EACH END @ EACH RAFTER -- VINYL SOFFIT HEADER � V ) RIM BOARD TO RAFTER (END—NAILED) 2-16d EACH END FASCIA BC `, '.I EX MATCH WALLL FRAMING W/ALUM��!. --- - `�— 2x10 {TYP.}TOP PLATE TO TOP PLATE (FACE-NAILED) EXISTINU 2-16d' PER FOOT CLADDING'--- , 1 X3 WITH""`�-�-TOP PLATES AT INTERSECTIONS (FACE-NAILED) 4-16d JOINTS EACH SIDE 1 WHITE ALUM' 2'-0STUD TO STUD (FACE—NAILED) 2-16d 24" O.C. (2) 2X10 BEAM CLADDING HEADER TO HEADER (FACE—NAILED) 16d 16" O.C. ALONG EDGES I/ I VINYL SOFFIT TOP PLATE OR BOTTOM PLATE TO STUD (END—NAILEC)) 2-16d PER 2X4 STUD I II/ / TO MATCH ' SIMPSQN 3-16d PER 2X6 STUD \ EXISTING � p 4-16d PER 2X8 STUD PS418PC STRAP TIE BOTTOM PLATE TO FLOOR JOIST, BAND JOIST 2-16d 1.2 PER FOOT COLUMN B A S E �, 00 , 1 „ END JOIST OR BLOCKING (FACE—NAILED) ANCHOR SCOPE OF WORK 2 —32 �- FLOOR FRAMING 4-8d PER JOIST 1 . Provide new roofing at NEW AP JOIST TO SILL, TOP PLATE OR GIRDER (TOE-NAILED) FINAL BRIDGING TO JOIST (TOE—NAILED) 2-8d EACH END addition (use 40 yr. architectural �" "�`� 2X4 C� 16" RE shingles to match existing. � � VIEWED BY BLOCKING TO JOIST (TOE—NAILED) 2-8d EACH END � I Q.c. SEE DEC ZBA BLOCKING TO SILL OR TOP PLATE (TOE—NAILED) 3-16d EACH JOIST 2. Provide ice and water shield SOON # LEDGER STRIP TO BEAM (FACE—NAILED) 3-16d 24 O.C. 2'-0" wide at all new roofing 5/8" ANCHOR 2X4 TRACK DATED /� / JOIST ON LEDGER TO BEAM (TOE—NAILED) 3-8d PER JOIST work. BOLTS 3'-0" 0 C BAND JOIST TO JOIST (END—NAILED) 3-16d PER JOIST m' (PT) 6X6 2-1sd1 PER FOOT 3. Provide 3,50OPS1 concrete „ BAND JOIST TO SILL OR TOP PLATE (TOE—NAILED) 4 CONC. SLABi ROOF FRAMING at 4 slab area. All concrete , „ r slabs to be wire mesh reinforced. SIMPSQN E L 0 — 0 W/W.W.M. STRUCTURAL PANELS 8d 6" EDGE/ 12" FIELD B C 6 6 P C �- DIAGONAL BOARD SHEATHING 4. Provide 1/2" ply wood roof COLUMN BASE > Icv 1"X6" OR 1"X8" 2-8d PER SUPPORT and exterior Wall sheathing. 3 ' 1"X10" OR WIDER 3-8d PER SUPPORT " CQNC, SLAB W " 5. Provide felt paper under ? A `fl CEILING SHEATHING Sldln p p Ell 0 — Q 0 W/W.W.M. GRADE > „ GYPSUM WALLBOARD 5d COOLERS 7" EDGE/ 10" FIELD g U 0 3 WALL SHEATHING 6. Provide 2X4 exterior wall > DESIGN CALCULATIONS „ , w...,.,... STRUCTURAL PANELS 8d s" EDGE/ 12" FIELD framing. Use (2) 2X4 header DEAD LOAD 4 VERTICAL BARS FIBERBOARD PANELS ROOF = 10 PSF plates, and (1 ) 2X4 Sill plate. LLJ , „ CEILING = 5 PSF 8 CONCRETE BENT OVER 4'-0" IN C 7/16" 6d3 3" EDGE/ 6" FIELD FLOOR = 10 PSF GRADE � FOUNDATION WALL TO SLAB AT 2'-0" O, 25/32" 8d 3 3" EDGE/ 6" FIELD WALL = 11 PSF 7. Provide 2X10 roof rafters FOUNDATION WALL (— LIVE LOAD (TABLE R301.5) with 2X10 headers & wall plates, FOR ADDITIONAL GYPSUM WALLBOARD 5d COOLERS 7" EDGE/ 10" FIELD ROOF = 20 PSF unless otherwise indicated on p (2} 4 HORIZONTAL U :..,�,�:::. ......... .;��:...�..,._.,:.�„�,�,�� tt..�..�,_F..:�w°� ,�HARDBOARD 8d 6" EDGE/ 12" FIELD FLOOR (LIVING AREA) = 40 PSF drawings. INFORMATION SEE I BARS W/16" OVERLAPS PARTICLE BOARD PANELS 8d 6" EDGE/ 12" FIELD DEFLECTION LIMITS (TABLE R301.7) DETAIL No. 5 AT CONCRETE '� ,: ALL WIRE TIED Lj_ RAFTERS HAVING SLOPES GREATER DWG, No. 3 8 DIAGONAL BOARD SHEATHING 2-16d PER FOOT THAN 3/12 WITH NO FINISHES 8. Provide vented vinyl eves to FOOTING OVER TOGETHER � CEILING ATTACHED TO RAFTERS - L/180 match existing. VIRGIN SOIL 1"X10" OR WIDER ALL OTHER STRUCTURAL MEMBERS = L/240 , --J 1"X6" OR 1"X8" 2-8d 6" EDGE/ 12" FIELD INTERIOR WALLS AND PARTITIONS = H/180 63 3-8d PER SUPPORT FLOORS AND PLASTERED CEILINGS = L/360 g Provide vents at roof ridges. (2) #5 BARS I- G �- FLOOR SHEATHING EXTERIOR WALLS D ETAI L 4 ( Secti o n @ Pac o �ONTINUQUS s 00WIND LOADS WITH BRITTLE FINISHES = L/240 1O. Provide cedar shake siding � STRUCTURAL PANELS WIND LOADS WITH FLEXIBLE FINISHES = L/120 at all new work areas to match �} ?g 1" OR LESS 8d 6" EDGE/ 12" FIELD existing. SCt� le: 1 = 1 —Q GREATER THAN 1" 10d 6" EDGE/ 6" FIELD DIAGONAL BOARD SHEATHING 1 '-4)' DWG NO. 1"X6" OR 1"X8" 2-8d PER SUPPORT 10 1"x1o" OR WIDER 3-8d PER SUPPORT TABLE R301.2(1)CLIMATE AND GEOGRAPHIC DESIGN CRITERIA SUBJECT TO DAMAGE FROM D ETAI L 5 T ° Wall Section ) 1. NAILING REQUIREMENTS ARE BASED ON WALL SHEATHING NAILED 6 INCHES ON CENTER AT THE PANEL ICE SHIELD EDGE. IF WALL SHEATHING IS NAILED 3 INCHES ON CENTER AT THE PANEL EDGE TO OBTAIN HIGHER SHEAR GROUND SNOW WIND SPEED SEISMIC DESIGN WEATHERING FROST LINE TERMITE DECAY WINTER DESIGN FLOOD HAZARD UNDERLAYMENT a I e: �? 7 " 1J 11 CAPACITIES, NAILING REQUIREMENTS FOR STRUCTURAL IMEMBERS SHALL BE DOUBLED, OR ALTERNATE LOAD (MPH) CATEGORY DEPTH TEMP ABOVE WALL CONNECTORS, SUCH AS SHEAR PLATES, SHALL BE USED TO MAINTAIN THE LOAD PATH. 2. WHEN WALL SHEATHING IS CONTINUOUS OVER CONNECTED MEMBERS, THE TABULATED NUMBER OF NAILS 45 PSF 110 C SEVERE 3'-0" MODERATE TO SLIGHT TO 13' F NA 2'-0" SHALL BE PERMITTED TO BE REDUCED TO 1-16D NAIL PER FOOT. HEAVY MODERATE 3. CORROSION RESISTANT 11 GAGE ROOFING NAILS AIND 16 GAGE STAPLES ARE PERMITTED, CHECK IBC FOR SHEETS IN CONTRACT ADDITIONAL REQUIREMENTS. V� HILL ROAD 11.9 S.68d58'50"E. S.55d41,00 DEC 10 Z013 887.95' to 0 50.86 49 4' „E 12.3 BOARD OFAPIPEALS Wells Ave. U-i o d O 0 FINAL + N N prn 00 I`Pe� cq EP •. s° x�p 1 zf�• 6- ASPHALT ' FENCE SEE DECISION # `1 DRIvPR Poo D S ED DATED I P,� 020 GARAGE 1 — 18' 617Sq.Ft. _ N 11.5' N SPLIT LEVEL HOUSE 1' NOTES: MONUMENT N / DECK +15' — SUFFOLK COUNTY TAX MAP 34' 1000-070-0 PROPOSED EXIST. PA 10 LOT AREA �q—:9 PORCH To BE 544Sq.Ft. REMOVED 24,321 Sq.Ft. 280Sq.Ft. 0 Lei 0 5.1 O a O O N N ED A C z 1 2 0 EN _ N ORDINARY HIGH N.� ' F a 5ggd15'210"w WATER LINE 96 ' \TIE .74 JOCKEYLINE / CREEK EXIST. �TFD 70���� DOCK F NE SITE PIAN Scale: 1 " = 40'-0" MLADEN BAY R .A. 475 HILL ROAD SOUTHOLD , NY 11971 i:6UNTY OF SUFFOLK RECEIVE® JAN 0 6 2014 Steven Bellone D®ARDDpAIapFALS ` SUFFOLK COUNTY EXECUTIVE �\ Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment December 30, 2013 Town of Southold Zoning Board of Appeals 50395 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie K. Weisman 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 He Number Burden, Lorraine 6712 Bay, Mladen 6714 Kooyker(Willem) & Corrente (Judith Ann) 6716 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK/cd H.LEE DENNISON BLDG ■100 VETERANS MEMORIAL HWY,4th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099■ (631)853-5191 o ��OF SOUL OFFICE LOCATION: y� MAILING ADDRESS: "J V Town Hall Annex �� lQ P.O. Box 1179 �l 54375 State Route 25 Southold, NY 11971 \ �cor. Main Rd. &Youngs Ave.) �(1(� Southold, NY 11971 G Q Telephone: 631 765-1938 !1� % Fax: 631 765-3136 �1� ����OUNTY,�� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD . MEMORANDUM "(, 2 2013 To: Leslie Weisman, Chair ®AR®OF-4PPEALS Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner .VK' LWRP Coordinator Date: December 23, 2013 Re: Coastal Consistency Review for ZBA File Ref. MLADEN BAY#6714 SCTM#1000-70-4-30 Request for Variance from Article XXII I Section 280-124 and the Building Inspector's November 25, 2013 Notice of Disapproval based on an application for building permit for construction of a garage and porch addition, at; 1) less than the code required combined side yard setback of 35 feet, located at: 475 Hill Road (adj. to Jockey Creek) Southold, NY. SCTM#1000-70-4-30 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. It is my recommendation that the proposed actions are EXEMPT from LWRP CCR pursuant too: § 268-3. Definitions. MINOR ACTIONS item "F" which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney FORM NO. 3 NOTICE OF DISAPPROVAL RECEIVED` \\ DATE: November 25, 2013 DEC 10 2013 To: Mladen Bay BOARD OF APPEALS 475 Hill Road Southold, NY 11971 Please take notice that your application dated For construction of a garage &porch addition at Location of property 475 Hill Rd., Southold, NY County Tax Map No. 1000—.Section 70 Block 4 Lot 30 Is returned herewith and disapproved on the following grounds: The additions on this non-conforming are not permitted pursuant to Article XXIII Section 280-124 which states, "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognizedy the town under 280-9, are nonconforming &have not merged pursuant to 280-10." On lots between 20,000 sq. ft. and 39,999 sq. ft., the required combined side yard setback is 35'. The site plan indicates a combined side yard setback of approx. 26'. Authorized Signature � Qya Fee:$ Filed By: Assignment No. ®EL 10 2013 ARD®FAppEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 410'Street t p W✓ Hamlet CD SCTM 1000 SectionjOlOBlock--4 Lot(s) C-) Lot Size 4 Zone o I(WE)APPEAV THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED I l -?j BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): I`�( 1-1�I��i�I► � Y Mailing Address: 7b'J� . I.I L. R.(,A 12 W.T, �r2 011LO .12 � k vT j( ' Telephone:9 LI Q7',(o 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: for( ) Owner( )Other: Address: Telephone: 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 J&( l-,Igfand DENIED AN APPLICATION DATED_ FOR: OkBuilding Permit Y ' ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers,Do not quote the code.) Article: ) 1 1. Section: 2$O Subsection: (Z 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( ) has, has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to i research before completing this question or call our office for assistance) Name of Owner: ZBA File# UtL 0 20�� REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 180ARD GF APPEARS 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: e tT-0 eO e7 6-'--17 LQ l RkS f PV\,kC ,C( DtJ 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: l aDJ y t�� items✓ `1'l�ly->(7 O _b LJ tl 5 E' t�C �3_ _� ► T-(-I r v�r�5 t-r✓ �r� 7- N)PT65. .'I r.-CHI'Sr ty A, c c,A'.-;,rC5-e.Y PAJZ(ZOxV L Z) -- VVtC-14 t.- 3.The amount of relief requested is not substantial because: rtD t2t; GUl"Jy t StAktJ i uv Wirt -y �.c v ez t,zi T S I A+6 eKPAbJVt5-P CfA(f•A q-- W 001-P Ce I Ve t`t6 TH6- A17C1 G F 5eAe: TO 4.The.variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: r �fJ�t d�G 7 A� 5.Has the alleged difficulty been self created? { } Yes,or No Why: r✓�E � n c�� ��1 GOT y , /`-�c% Are there any Covenants or Restrictions concerning this land? KNo { } 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 Age ` (Agent must submit written Authorization from Owner) Sw to before a this� {�- day of 20 13 r I 0 Notary Public MELANIE DOROSKI NOTARY PUBLIC,State of New York I No.01 D04634870 Qualified in Suffolk County Commission Expires September 300mm q __PPLICANT'S PROJECT DESCRIPTl..,�. UEC 10 2013 04 BOAR29 ,S- APPLICANT: M 5-^V ESO DATE PREPARED: l� D 1.For Demolition of Existing Building Areas Please describe areas being removed: F,6:r 1 c2 A'l 1- AA L-T H.New Construction Areas(New DwweelAl g o(ZA`r�mew Additions/Extension s Dimensions of first floor extension: 1t �" -� t �- Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): l-3 h 1 Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: `�,CL Ur- l_eV�lr t2 S�17i�1�Cki Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: ] Square footage of your lot: Percentage of coverage of your lot by building area: V.Purpose of New Construction: TO 6x1?/1UP GXLe , 4AfZA-,CC 1�a12cH 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): I�11`A 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 RECEIVED QUESTIONNAIRE BOARD OF APPEALS FOR FILING WITH YOUR ZBA APPLICATION ��I A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are Pere any proposals to change or alter land contours? No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? (� 2.)Are those areas shown on the survey submitted with this application? Q 3.)Is the property bulk headed between the wetlands area and the upland building area? p0 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: 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? 0 E. Are there any patios,concrete barriers,bulkheads r fences that exist that are not shown on the survey that you are submitting?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?--Po If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? l�D If yes,please label the proximity of your lands on your survey. I i I. Please list present use or operations conducted at this parcel fZ l2e'-�' t�L.� and the proposed use T�k'D I? ��,d�(� (ex:existing single family,proposed:same with garage,pool or other) Authorized signature and Date i i I �tL 0 2013 AGRICULTURAL DATA STATEMENT BOARD OFAPPEALS ZONING BOARD OF APPEALS 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: e�A` 2. Address of Applicant:' IZOAP V✓, , 50 JllaJ L t? . 0 Lf-' [1 e Z 1 3. Name of Land Owner(if other than Applicant): �2 K 6 4. Address of Land Owner: 5. Description of Proposed Project: 6 A i^G 15,; ir,)<TiEO'� L D Lib. A017 VO TL C-0 !h1?17 L'i'lag" 6. Location of Pro e :(road and.Tax map number) 1 7 irt[l�l,- ",SQf 70 — 12j 7. Is the parcel within 500 feet of a farm operation? { } Yes N No 8. Is this parcel actively farmed? { } Yes D<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) Signature of Applicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix UtL 0 2013, Short Environmental Assessment Form Instructions for Comnletine Part l -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information f0 Nanfie of Action or Project: A Q l7 L T l 0 t,`,\? Project Location(describe,and attach a location.map): Brief Description of Proposed Action: I i Name of Applicant or Sponsor: Telephone: K Z-,�V �J-d�-� E-Mail: Address: B111;1L-4 G - -- City/PO: State: Zip Code: 5L?�l t-��C.-� t, I L [9—Cl 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? 0m57& acres b.Total acreage to be physically disturbed? 0 0 Z acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 0. O�_acres I'. 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland i Pagel of 4 5. Is the proposed action, f n I NO YES N/A a.A permitted use under the zoning regulations? U t I.: 10 ZQ�� "'� b.Consistent with the adopted comprehensive plan? rr X 6. Is the proposed action consistent with the predominant character of the existing uift o n tural NO YES landscape? " 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO . YES If Yes,identify: X, 8. a.Will the proposed action result in a substantial increase in traffic above present levels? N`O/ YES h b.Are public transportation service(s)available at or near the site of the proposed action? x c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? x 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X, 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: i 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: i 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? x b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? x ' If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: L 14. I_de}rtify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban IE;Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES I by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES I 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, ) a.Will storm water discharges flow to adjacent properties? NO❑YES b.Will storm water discharges be directed to established conveyance systems(runo and storm drains)? sr �� If Yes,briefly describe: NO❑YES F L � Page 2 of 4 I i i i 18.Does the proposed action include construction or other activities that result in the i. gent of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? mpfflu J 614If Yes,explain purpose and size: i 19.Has the site of the proposed action or an adjoining property been the location of an ac ive or c 's NO YES solid waste management facility? i If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/spons me: ,&®G Date: k 2- Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part l and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" j s s No,or Moderate small to large 3 s r s impact impact S E 4 may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or t affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, I: waterbodies,groundwater,air quality,flora and fauna)? i i Page 3 of 4 I " No,or Moderate small to large m impactimpact y i � y occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. `lf pFL1 ® 2013 BARD OF APPEALS t i I i i ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. i Name of Lead Agency Date I 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) I i Page 4 of 4 APPLICANT/OWNER UEC 10 2013 TRANSACTIONAL DISCLOSURE FORM BOARD®FAPPEgLIg 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 : (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 If you answered"YES",complete the balance of this form and date and sign where indicated. i 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. I 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 I Submitted this T� day of �Gf ,20 Signature Print Name I i i Town of Southold RECEEVE® DEC R ® 2013 LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEALS A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. 'l B. DESCRIPTION OF SITE AND PROPOSED ACTION i' SCTM# 0 Z9 - - The Application has been submitted to(check appropriate response): Planning Dept. g Dept. 0 Town Board :_�.. � Building De t g 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: (Z_1��QL)6e7T L12ii �1 � i✓���7sJ�r(Dl� A-,6J la FO t'ZC+� A-P P tJ-1 0 DEC 10 2013 01 Location of action: 4`Z ti, t�4 I.rrI,— CL.OA,-V V-1 e Site acreage: �a�j �-��-�i� • Present land use: ` 17 i L Present zoning classification: . 0 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: KI-AL?6 0 (b) Mailing address: t lrt. U')e 01— 17 i 1 L !�2 `7 I (c) Telephone number:Area Code 7 -7 (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No If yes,which state or federal agency? 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 Fi 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 11 (Not Applicable—please explain) RECEIVE® U E L 10 2013 Attach additional sheets if necessary BOARD OF APPEALS Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes 0 No 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 S through 16 for evaluation criteria Yes E No 0 (Not Applicable-please explain) 0 o. xt7 i2 i-T-i �G'�t� 5�J6ZC2yJ kT V=we�Dri W i 6.� r✓X 1 �Tj ZJG� Arta — x f t G P e jz1 Attach additional sheets if necessary Policy 5. Protect and.improve water quality and supply in the Town of Southold. See LWRP Section III —Po licies Pages 16 through 21 for evaluation criteria es 0 No Ed (Not Applicable—please explain) CfZQJCC'_r W t u, V A V i:f A 2v L SAT_ a- a y L l:r�_ 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. NrYes E No E (Not Applicable-please explain) C90-j GG V_ VV,LZI✓ lU6916" d XVt:5_ _ �F��IiL [�i� `��l'� DLO ✓g' ��-�L2 C�l� W1t�471�(1`�% N�61Z/�S � i I I Attach additional sheets if necessary OF APPEAL5 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. XYes 0 No 0 (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 1:1No 0 (Not Applicable—please explain) OJ T i?r>Vh PO VL2L'oc 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.XYes-1nn No E (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 criteriaRECEIVED ( �) Kyes ❑ No ❑ (Not Applicable—please explain) DEL 10 2013 1 Let-OJ l G� l'JJ��! O V`C PA Y(5 fkP`i Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound,the the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes ❑ No ❑ Not Applicable—please explain O>J N klZ-[A-)C- 12 t� y2�Ls� 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 hJ F- V C t=������� O!J Alo`� 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. 9Yes ❑ No ❑ Not Applicable—please explain 3Ze2 j CAI v✓t Lr; )O`l eJ i pt=V,'sLtD Pi, J, V- 0 UEG10ZM ®le - ipe sffsEc wo.pea IurE 1.146D o4otpr s�BEe No.Bm +� a ,� ao. ,,y � .pa •mot_ .---- ,.\ 1 P2b� MATCH---�--- ah tyFgfHi1 1m RI / 3J 11A(c) � To. cf k • 1 \ TomcnourHO D A ' ?) 00 m9°p1 t M1 e �• °°b C 0 x raaB°1 . p �3 1p a , '� urac) � tic) ` rs.3♦(al _ 6610-01 1� . 4 36&W.) b e '!V� ,p 1° \... JL ..® b U �n°a a�• 19°3 t+ O.TM M M 6 BOOTNGA BCNOXmrACr NOA i .. 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CPA MAUfMJP//IZ'.D ALTE2/,EION 02 ACIJIpOh --- — � • IO TI::S SU:.V_T IS A'VIOLAT:ON OF l— - - 7Sf9 CP - - - i t I I j McW YOLK STATE - C', Jl� i A lin.!__ � . p- l / ♦6 W• T::F '��C V-NOT VA.TING •.•J 1. r111t�jC\.Y;\ ,I�'• E"5 `--� V:.'S�1::.:�SEAL OR. —HOLD E `� i C.E COtt51xEFD rq. t. -- (�) ♦ 0 TO L:A VA;. r;•c CCFY.• ` f i L. .• D - - t Q ! 1EY2 lil G .l.�•�.J-:" • IiLC•:^.:,ShALL RUN \ C NLY TO ir._ V7„CM THE SUiVEY j SPiiz-=.[ N ' u Fie:;::. , - � >:VE-L. :_ ct'}its L:r,ALF rc»fE t H0, Ti:-S CCc:: -... VEfl:/l i.VTAL AGENCY A7.'D ` P,CON,All s•� ... EE<_`C�Tr{E LaDNG L\STI- 11 ,✓O 1 + tE�NOT TRANSFf;ASU `1• PA7.1 7 TL�:7:I.GU7.PA: S A .i cE 1 TVlIONS OR SUDSEQUEIQ ' IWNFitS. MUP;lUt'EENT `-UrLL- F• 1'AY MI�P•Iti 070 Uj O¢o. - % - - Kr�ir t h.=y•!E� ` r�� -�n tT�9t��f: lr THE -GTtI' E t V CG �'rE LINE, Qo 7�, .`_ate FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. pppEpILS Certificate Of Occupancy No. Z5f 20. . . . . . Date . . . . . . . . . .pat. . . . .T2 . . . . . . .. 19. 73 THIS CERTIFIES that the building located at . . $111. g ftd. . . . . . . . . . . . . . . Street Map No. -Caly. *x•N*Wock No. . . . . . . . . . .Lot No. . . . . . . . . .Southold. . . *Y&. . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . .JaII. .30 . . . ., 19.'j.3. pursuant to which Building Permit No.63 f 2Z. . . dated . . . . . . . . . +TAM. . . 3Q. . . ., .19.73., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is ; �e ow d is Priv&te- e -family-dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issue�to . . Arit=2�er�J- Cassar - . . . 4wile=. . . . . . . . . . . . . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . . . S-ept. 6... .19.73 .by. A.9.U13a4. . . UNDERWRITERS CERTIFICATE No.1 .114+08. . . . .Sept -13• • •1973 . • • • . . . ... . . . . . HOUSE NUMBER . . . .1#75 . . . . . . Street . . . Bill. .Ro&d. . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . cf Building Inspector \ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET -- VILLAGE DIST. SUB. LOT t ;F;,RMER.OWNERM/4cler7 9 L��I f�CYt I`� a 'E ' ' /�C ,, 1 (� A. 4013 �`QS�Ct GAF fl W TYPE .OF .BUILDING - - _ �RES.zL6 SEAS. VL. FARM C•OM'M. CB. MICS. Mkt.-Value ,LAND IMP. TOTAL DATE. REMARKS Te,e .2 3 4--4!� _ �•.�a Erg�®� �C� Z Z E3� �'� yt -7' �` .. '--:.. - _..._.-4--•- -. 3 36 95 ® � t 706 314-,S AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM I Acre Value Per Value Acre Tillable � ... � _ FRONTAGE ON WATER o_o Woodland FRONTAGE ON `ROAD Meadowland DEPTH House Plot BULKHEAD _ •s Total �` I �° BOCK o��g�FF01,��0 ELIZABETH A.NEVILLE,MMC �� l/�, Town Hall,53095 Main Road TOWN CLERK o= P.O.Box 1179 y Z Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS 0-0 � � Fax(631)765-6145 MARRIAGE OFFICER y� RECORDS MANAGEMENT OFFICER �l �a0 Telephone oldt nny.gov 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: December 10, 2013 RE: Zoning Appeal No. 6714 Transmitted herewith is Zoning Appeals No. 6714 for Mladen Bay -the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form,Notice of Disapproval from Building Department Dated November 25, 2013, Copy of Tax Map with Property Highlighted, Two Pages of Photos of Property, Site Plan Showing Proposed and Existing Construction, Survey of Property Showing Existing Construction Dated January 12, 1981, Certificate of Occupancy No. Z5520 for Private One Family Dwelling Dated October 12, 1973, Copy of Property Record Card, Three Pages of Plans Showing Existing&Proposed Construction, Elevations & Specifications Prepared by Mladen Bay R.A. * * * RECEIPT * * * Date: 12/10/13 Receipt#: 159902 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6714 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#1486 $500.00 Bay, Mladen Name: Bay, Mladen 475 Hill Road Po Box 165 Southold, NY 11971 Clerk ID: CAROLH Internal ID:6714 475 Hill Road,Southold,NY 11971 631 765-4180 January 9, 2014 To: Board of Appeals Town of Southold 54375 Main Road Southold,NY 11971 Re: ZBA File No.:6714 STCM# 1000-70-4-30 Dear Board Members, I am requesting permission to build within the guidelines of the less stringent setback requirements of a lot that is less than 1/2 acre. My lot is slightly over half an Acre, it is less than 1/IOth over. Also,the lot is relatively narrow.The lot street frontage width is more consistent with the smaller lots. There are 2 ways I could add the space as of right without having to apply for a variance. 1 st. is a Detached Accessory Structure in front of the house, I OR from the property line.As you know being water front it can go in front of the house. and 2nd is an Attached Garage in front of the house. With an 83Ft. front yard,I could build out as much as 43Ft. These 2 options would look add and stick out like a sore thumb. The 3rd option is as I am proposing,an attached garage on the side of the house. There is a Google Sky View photo in your package, it shows a string of houses on the creek side.If you look closely you can see that my houses has one of the wider side yards between houses.The lot size is also very similar.My lot just happens to be a slightly larger lot, less than 1/10 over a 1/2 acre. In my opinion the proposed plan does the most for curb appeal,the addition would blend in with the adjoining houses, and is the most consistent with the character of the neighborhood.It is my hope that you will agree and grant me this request. Thank you for your consideration, Mladen Bay _ a VAL • . 7l ` Afo ? .�•_ All p. • • Y _ • 1' • Y r -TIN • Jr '� T f a1a f Xx lJr r Y 3 s� r yyyy�� y� r _r 's• f!r � "'+•.•..1}. -i 1��.. J ,. tro ~. r""''��RR•'�s a!,. ,ia �+'.`• f� i�ij� •� ' �• i i � � r� � � r r r e . NN � f Lv It I Vol r } �. ` xRi - ^... r + S{ -. � '� lam• � �•tR �'° � E �. 1�`�.F � • �'g .;`s WWW , rk ` rra+..i rs �+,/� if;. t.h� ,� '1•. 'S + x. {14 SEE SEC.NO.063 �so� M/OFq MATCH --- C = Q�' t+m5 ls, / °34 ca. RD. � �rso-� �Gr ,pO o• � � 1.1A(c) s 6 s�� Town Creek G WEST HILL RD. (so•� � $ �, 36 ey � 50 Aa � o C sa 3) pe 4 A' 7i hp clot �' 22 23 24 25 Hit 2@ s 47 6� Pt TOWN OF SOU 4 29 � � 3j7 0 0 � CI, e 'a 6 '$� na ,� rs '-�.. 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',zoN A = — � 11 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS DATE December S, 1960 Appeal No. 331 Dated November 16, 1960 " I ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD James & Adele Rich To Wells Avenue Appellant Southold, New York ��4 at a meeting of the Zoning Board of Appeals on Thurs., December 1, 1960 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 7:45 P.M. (E_S.T. ) , upon application of James and Adele Rich, Wells Avenue, Southold, New York, for a variance in accordaiiqe with .the Zoning Ordinance, Article III, Section 300, Subsection 7, for permission to locate private garage with reduce d setback. Location of property: south side of Wells Avenue, Southold, New York, Lot No. 7 on map of George H. Wells. i 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) ( ) produce undue hardship because this would be the most logical location for the roposed garage since the land sklopes aw � frgm the sdtreet tow ad th cre7 4nd also, other .properties in arhea ve et�ac � garages oc to samar yy to this garag (bhe ards ip create is i unique and; (would not)be shared by all properties alike in the immediate vicinity of this property and in the same use district because the dwelling is not situated so as to attache the garage to same. (c) The variance (does) Waexxia) observe the spirit of the Ordinance and (NWQIW (wtuld not) change the character of the district because applicant intends to erect a garage to conform to others in the neighborhood, and therefore, it was further determined that the requested variance (X)be granted( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( N be reversed. James and Adele Rich are granted permission to locate private garage 42 ft. from front property, line of Wells Avenue. Garage to be located no closer than 10 ft. to the west property line. ROVED ZONING BOARD OF APPEALS dith T. 'Boken Chaff man Board of APr eels Secretary FORM ZB4 TOWN OF SOUT,HOLD, NEW YORK `J ACTION OF THE ZONING BOARD OF APPEALS DATPAugust 24, 1967 Appeal No. 1135 Dated August 7, 1967 ACTION OF THE ZONING• BOARD OF APPEALS OF THE TOWN OF SOUMOLD To George Ahlers a/c George Akscin Appellant Eugene Road Reydon Shores Cutchogue, New York Southold, New York at a meeting of the Zoning Board of Appeals on Thursday, ,August 24, 1.96.7 the appeal was considered and the action indicated below was taken on your .. ( ) Request for variance due to lack of access,to propterty ( ) Request for a special exception under the Zoning Ordinance (K) Request for a variance to the Zoning Ordinance � r 1. SPECIAL EXCEPTION. By resolutlei3 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 7a50 P.M. (E.D.S.T.), Upon application of..George Ahlers, Eugene Road, Cutchogue, New York, a/c George Akscin, _Reydon Shores Southold, New York, for a variance in accordance, with the Zoning Ordinance, Article III, Section 307, for pp;Mission ,to build a new one family dwelling with insufficient side yard area. Location of property: east side Wells Avenue, Southold, New York, bounded north by G.H. Wells Est. , eastby Jockey Creek, southbZ George,McFadden, west by Wells Road. 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 ( ) ice confirmed ( ) be reversed. i.!Uv SEE REVERSE 1 jiN ZONING BOARD OF APPEALS FORM ZB4 (,''.'fit -i ' Barbara C. Dittma , Secretary �'j After investigation and inspection the Board finds that the applicant requests permission-to erect a one family dwelling with insufficient side yard area. The applicant requests a reduction in side yard of one foot, six inches. The lot in question has 110 foot frontage on the road, however where the house is to be located the lot is 99.6 feet. The Board finds there is no unique or unusual hardship involved in this application. The Board finds that the'�roposed house overall is 76 feet in width and would not fit on a 100 foot lot. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship crew ted-is riot unique and would be shared,by all properties alike=in the immediate vicinity of thi8 property and in the same use-district; land the variance does observe the spirit of the Ordinance.-and=w'i.11not change tYie'character of the,district. Therefore, •it was RE60LVM George Ahlers, Eugene Road, Cutchogde, Ne1W York, a/c George Aksdin, Reydon,Shores, -Southold, New York, be DENIED permission to erect a new one family dwelling' with insufficient side yard area on property located on the east side Wells Avenue, Southold, New'Ydrk. ' " J « ,` � TT APPEALS BOARD MEMBERS ��t�f SOUT Southold Town Hall Ruth D. Oliva,Chairwoman .�O !p 53095 Main Road-P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orlando all Office Location: James Dinizio,Jr. • �o Town Annex/First Floor,North Fork Bank Michael A. Simon `ifcou 54375 Main Road(at Youngs Avenue) ' Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD �- Tel. (631)765-1809-Fax(631)765-9064 JAN 3 1 FINDINGS, DELIBERATIONS AND DETERMINATION Southold Town Clerk MEETING OF DECEMBER 27, 2005 ZB File 5797—Thomas and Mary Irene Marron Property Location: 3125 Wells Avenue, Southold CTM 70-4-10 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRI-ION: The applicant's 25,641 square foot parcel has 70 feet along Wells Road and 248.51 feet along the easterly side lot line, and is improved with a single-story frame house with garage and rear deck, as shown on the September 15, 1994 survey, updated September 13, 1995 by Joseph A. Ingegno. BASIS OF APPLICATION: Building Department's September 7, 2005 Notice of Disapproval, citing Sections 100-239.413 and 100-244 in its denial of an application for a building permit to construct proposed additions to the existing dwelling. The reasons.stated by the Building Inspector in the denial are: (1)that the distance to the rip rap structure is less than 75 feet, and (2) the proposed additions are less than the code required minimum setbacks of 15 feet on a single side and combined side yards of 35 feet. The setback to the rip-rap (rock revetment) is shown at 46 feet on the site plan (undated SP-1) prepared by Garrett Strang, Architect, with proposed extensions on both sides of the existing 18'x 14'deck(and shown on the survey at 48 feet). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 15, 2005 at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence,the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant seeks relief for additions shown on the site plan prepared by Garrett Strang, R.A. stamped by the ZBA Oct. 13, 2005, described as follows: (1)add a 46'xl4' unenclosed deck at the southeast corner of the dwelling from the rock revetment, (2) 8.5'xl4' unenclosed deck at 22+-feet from the westerly side line(20'to the proposed minor step area); (3) 1-1/2 story addition 8.4' x 51.1 feet at 15.7 feet from the easterly side line at its closest point; (4) 1-1/2 story 21.7'06' addition on the north side of the dwelling , 15.56 feet from the side line at its closest point; (5) 1-1/2 story 24'x26' new garage/addition on the north side of the dwelling, 10.1 feet from the side line at its closest point. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Grant of a variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The dwelling is currently nonconforming with 12 ft. westerly side yard and 15.6 O Page 2—December 27,2005 Z8 File Ref. 5797—T.and M.Marr# v CTM 70-4-10 easterly side yard, instead of the code required 15 and 20 ft. minimum. The property is narrow at 70 feet in width at the northerly road side of the property. Attaching the garage to the dwelling as an addition will be more favorable than locating it as a separate structure closer to the road, and maintaining the same side setbacks of the dwelling will not be an undesirable change. The proposed additional new deck area behind the home is very large at 14' for the entire length of the home, and a 12' deck as an alternative for the same length will bring the setback into more conformity with the code required setback from the rip-rap under Code 100-239.413. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue,other than an area variance with respect to the additions at the northerly side of the dwelling. 3. The variance granted herein is substantial. The relief requested is a 29%reduction of the code required 35 feet total for combined side yards(15 and 20 ft. on each side). 4. The difficulty was self-created when plans were designed to enlarge the home, add a larger deck, and to build a garage in areas that have been nonconforming for many years. . 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions, 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 Chairwoman Oliva, and duly carried,to DENY the requested 14' deck areas at 46 feet from the rip-rap shown on the site plan prepared by Garrett A. Strang, and to GRANT alternative relief for a maximum of 12 feet for proposed decks along the south side of the home (instead of the requested 14 feet), increasing the setback two feet (from 46 feet to 48 feet from the rock revetment),with the Condition that the deck areas shall be open to the sky; and to GRANT a variance with respect to the additions at the north side of the home, as applied for, end shown on the site plan (undated SIP-1) prepared by Garrett Strang, R.A. date stamped by the ZBA Oct. 13, 2005. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Goehringer, Dinizio, and Simon. This Resolution was duly adopted (5-0). 9, Ruth D. Oliva,Chairwoman 11�0106 Approved for Filing O , . - I pF SOU Office Location: � Tyo`o Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) t„ ac P.O.Box 1179 Southold,NY 11971 Southold,NY 11971-0959 upDUNV http://southoldtown.northfork.net O BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION Meeting Held July 21, 2009 ZB File#6280-Luke Licalzi,Applicant Property Location: 2105 Calves Neck Road, Southold CTM#1000-70-04-46.1 Public Hearing Date: May 28, 2009 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINIStRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 17, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The applicant's 58,518 square foot parcel is located along the east side of Calves Neck Road in Southold and water fronts along eastern property lines on Jockey Creek. The lot is improved with a 1-1/2 story frame house, detached accessory garage, accessory pool structure, accessory in- ground swimming pool., and accessory frame beach structure, all as shown on the September 7, 2000 survey of premises prepared by Nathan Taft Corwin III, L,S,, revised February 12, 2009. BASIS OF APPLICATION: Requests for Variances under Sections 280-15-F and 280-122, based on the Building Inspector's revised February 23, 2009 Notice of Disapproval concerning proposed additions and alterations to the existing accessory structure and concerning the accessory building (as-built pool-house)which are not permitted,for the following reasons: 1) Accessory Garage Building with proposed additions/alterations: a) create an increase in the degree of the side yard location nonconformance, where the code permits a location in a rear yard or front yard on this waterfront parcel; b) create an increase in the degree of the setback to the side property line at less than the code required minimum of 15 feet on this 58,519 square foot lot; Page 2—July 21,2009 ZB File#6280-Luke Licalzi,Applicant �J CTM#1000-70-04-46.1 at 2105 Calves Neck Road,Southold c) create a new nonconformance with respect to the proposed height at 25 feet,where 22 feet maximum is the code limitation; O 2) Accessory Pool Building: The as-built construction is in a side yard, where the code permits a location in a rear yard or front yard on this waterfront parcel. LWRP: TOWN CODE CHAPTER 268: The May 12, 2009 reply letter from Mark Terry and Scott Hilary, LWRP Coordinators, addressing the variance for side yard location nonconformance and setback to the side property line for garage and side yard variance for pool house,recommends the proposed actions are EXEMPT pursuant to Subsection 268-3. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 28, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property,and other evidence,the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant requests the following variances: A. To allow the construction of a second-story addition with a proposed height of 25 feet to an accessory non-conforming.pre-existing two-car garage with a one-foot side yard setback and location in a side yard,and B. To allow a preexisting, as-built accessory pool structure to be located in a side yard, instead of the code-required rear yard. ADDITIONAL INFORMATION Building Department records show a pre-existing certificate of occupancy was issued for the property in 1996 which includes a C.O.for a'BBQ with Shed', and which has been replaced by the "as built"accessory pool structure. There is a prior Appeal ZBA File#5488 which requested a variance for an as-built swimming pool and a variance for an as-built accessory pool structure. Relief was granted only for the as-built swimming pool; under the same application at the request of the applicant, that part of the decision pertaining to the variance for the accessory pool structure was omitted. Under ZBA File#5488, the applicant confirmed he wished to pursue the 'accessory poolhouse' application status separately in order to prevent any delay in obtaining a Certificate of Occupancy for the swimming pool, and the record also indicated additional information related to the pool structure was necessary under ZBA File#5488. REASONS FOR BOARD ACT16N: On the basis-of testimony presented, materials submitted and personal inspections,the Board makes the following findings: 1. Town_Law$267-bQ)(b)(3)1). A. Grant of the variances for a proposed second-story addition to the existing garage will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The pre-existing, Page 3—July 21,2009 ZB File#6280-Luke LiG&,Applicant I CTM#1000-70-04-46.1 at 2105 Calves Neck Road,Southold accessory nonconforming one-story two-car garage sits only one(1)foot from the side property line. A second- story addition will increase the nonconformance by 100% and be significant to the extent beyond the minimum necessary and beyond what the board will allow, and will create impacts by virtue of its proposed height and proximity to the neighbors. B. Grant of the variance for the as-built nonconforming accessory pool structure to exist in a side yard will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The front of the property is heavily screened with evergreen trees restricting the visibility of this structure from surrounding properties. 2. Town Law§267-b(3)(b)(2). . A. The benefit sought by the applicant of a second story addition to the garage to be used as an Office/Studio can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant has other locations available on his property. to construct an Office/Studio that will not require the need for a variance. B.The benefit sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance for the location of the as-built accessory pool structure because the structure is as-built and exists in a side yard. 3. Town Law§267-b(3)(b)(3). A. The variance requested for the second-story garage addition is substantial, resulting in a 100% increase in the side yard nonconformity. B. The variance for a side yard location requested for the as-built Accessory Pool Structure is not substantial because the structuN is one-story, 171 square feet and is 20.5 feet from the side property line. The premises had a Certificate of Occupancy under a different name: "BBQ shed", and this accessory structure continues to exist in the same location and form. 4. Town Law§267-b(3)(b)(5). A. With respect to the second story garage addition, the difficulty has been self created. The applicant has additional locations on this parcel where a code conforming accessory structure or addition to the house may be constructed without the issuance of an area variance. B.With respect to the as-built Accessory Pool Structure,the difficulty has not been self created because the structure pre-exists in its present location. 5. Town Law§267-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. 6.Town Law. 267-b-b O Page 4—July 21,2009 ZB File#6280-Luke LioaW,Applicant CTM#1000-70-0446.1 at 2105 Calves Neck Road,Southold A. The Board finds, upon applying the balancing test, that detriment to the character of the neighborhood and the health, safety and welfare.of the community,in granting the requested relief for the construction of a second story addition to the pre-existing nonconforming garage outweighs the benefit of the applicant. B. The Board finds, upon applying the balancing test, that granting of the relief requested for the side yard variance for the as-built accessory pool structure is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, 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 Schneider, seconded by Member Simon, and duly carried,to DENY the variances as applied for,concerning the construction of the second-story addition to the non- conforming existing two-car garage,except general repair in place and in kind to this existing structure, and,further to GRANT the variance as applied for, only concerning the location of the pre-existing accessory pool structure with toilet, sink and shower, in a side yard subject to the following CONDITIONS: 1.Structure shall not be used for habitation. 2.Structure shall not contain a stove or cooking preparation equipment. That the above conditions be r en into the Building Inspector's Certificate of Occupancy, when issued, Any deviation from the variance given such as extensions,or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformiftes under the zoning code. This action does not authorize or condone any current or future use,setback or other feature of the sutblect property that may violate the Zoning Code,other than such uses,setbaecs and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes:Members Goehringer(C an),Si n, etsma ,and neider. This Resolution was duly adopted(4-0). GE D P.GOEHRINGER,CHAT N proved for Filing 7-27-2049 IC 1VED 4- J U L 2 9 2009 Southold Town Cleric LAW OFFICES WICKHAM,BRESSLER&GEASA,P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK,LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 awickliam@wbglawyers.com January 8, 2014 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold,New York 11971 Re: Application#6417 for Variance—Mladen Bay 475 Hill Road, Southold, NY SCTM#1000-70-4-30 Ladies/Gentlemen: We are the attorneys for Salvatore and Lucille Granfort, who reside at 575 Hill Road, Southold,NY. The Granfort's residence adjoins the Bay residence on the West. The existing Bay setback adjoining Granfort is 32 feet, and the application seeks a variance to allow a 15 to 16 foot setback, "more or less". The Granfort's residence has a 19.6 foot setback adjoining Bay. The Granforts object to the requested variance on the grounds that it is too extreme a reduction in the Code requirement. These properties are located in the attractive Calves Neck neighborhood of Southold, where most properties have spacious lawns and sideyards. The properties along the Creek are somewhat narrower, but the requested 9 foot sideyard reduction would result in a considerable reduction of 26% from the Code requirement. We request that the variance be denied because: 1. It would result in an undesirable change to the neighborhood, and to our clients' property in particular, because the enlarged house would have a combined sideyard 9 feet short of the Code, creating a crowded look in this neighborhood. The applicants' house now has an easterly sideyard 11.5 feet, which is 3.5 shy of the requirement. Access to the water from the street will also be impeded because, on the East side, applicant has erected a shed which blocks access to the sideyard, and on the West, keeps a very large boat and other vehicles stored in the sideyard between applicant's house and our client's house. With an expanded garage, the large boat, and another smaller boat also kept there, will block access to the rear yard and the waterfront for emergency purposes. 2. The benefit to the applicant may be achieved by another method. Applicant can rent suitable space for his classic car collection, as it cannot be adequately housed on this small residential lot. Many classic car owners rent space for their vehicles. 3. The requested variance is substantial. Applicant seeks a 26% reduction in the Code requirement. Ignoring for the moment the reduced easterly setback, the proposal reduce the required sideyard on the West by 4 to 5 feet. 4. The physical characteristcs of the neighborhod will be adversely affected. There is a vacant lot for sale to the Granfort's West. Any precedent set in this decision will have a direct bearing on the ability to obtain reduced sideyards on that lot. The Granforts are also concerned that building a garage that close to the line will adversely impact, and possibly destroy, the mature evergreen trees which grow along the Granfort's easterly boundary. The construction and excavation will likely impair their root system. Loss of these trees would be a detriment to nearby properties. The aerial view on Google Maps shows all the homes on the north side of Hill Road, opposite the property, have very spacious sideyards. On applicants' side of the street, his house already has the smallest setback separation from the house to the East. Granting this application would duplicate that crowding on our clients' side, and create a"wall of houses" effect rather than the neighborhood noun of relative openness. 5. The difficulty in this case is clearly self created. Applicant maintains seven cars and two boats in his yard. Applicant just wants a larger garage. It is unclear, without further review of the Building Dept. file, whether the applicant converted what appears to be a two car garage on the west side of the house to living area, thereby eliminating his existing garage space. In addition, it is unclear how the proposed garage as configured will house cars, and how the existing garage, if it is still there, will be accessed. Another uncertainty is the exact amount of the variance requested. The sketch shows a proposed setback of 15 to 16 feet more or less. How much more or less? Applicant is an architect, and should be expected to provide the Board with a plan that is more precise. In summary, the need to house a classic car collection is not a sufficient reason to grant a 26 % reduction in side yard in this neighborhood of nice homes and beautiful yards. It will run contrary to the appearance of the neighborhood. Very tyuly yours, AAWldni Abigail A. Wickham ZBA/LtrGranfort Office Location: �OF $OUry Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O.Box 1179 Southold,NY 11971 • aOQ Southold,NY 11971-0959 cou ,� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 December 10, 2013 T —,�. E�C �a It f 1 fv! Mark Terry, Principal Planner �..res,�_. �n.- LWRP Coordinator. DEC 102013 Planning Board Office soutnold town Town of Southold Planning Board Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #6714 Mladen Bay 1000-70.4-30 Dear Mark: We have received an application for construction of a garage and porch addition. 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, Lesl5. r Wei man Chan By: Encls. BOARD MEMBERS jF SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �� �/y� 53095 Main Road•P.O.Box 1179 Eric Dantes ~� l0 Southold,NY 11971-0959 t Office Location: Gerard P..Goehringer ,e Town Annex/First Floor,Capital One Bank George Horning ^��Q 54375 Main Road(at Youngs Avenue) Ken Schneider COMM�w 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, JANUARY 9, 2014 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, JANUARY 9. 2014: 1:15 P.M. — MLADEN BAY#6714 - Request for Variance from Article XXIII Section 280-124 and the Building Inspector's November 25, 2013 Notice of Disapproval based on an application for building permit for construction of a garage and porch addition, at; 1) less than the code required combined side yard setback of 35 feet, located at: 475 Hill Road (adj. to Jockey Creek) Southold, NY. SCTM#1000-70-4-30 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(&-Town.Southold.ny.us Dated: December 10, 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 Nu- TI t;. E CiF - HEARINt� " ie following application will be' heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME : M LA-D E N BAY # 6714 fk_hCTM # : 1 000-70-4-30 VARIANCE : COMBINED SIDE YARD SETBACK r-,EQUESTo. CONSTRUCTION OF A GARAGE 8 PORCH ADDITION SATE : THURS . JAN . 9 , 2014 1EN15 PM If you are interested in this project, you may review the file(s) prior to the bearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 x �o TOWN OF SOUTHOLD a ,� ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants) S CTM Parcel# 1000- -TO-4 30 COUNTY OF SUFFOLK STATE OF NEW YORK I, LD�+.I��t�-4 ��,`f� residing at 4Z5 H I LLj•- rz- , `7o oT-Iv f 01-0 i New York, being duly sworn, deposes and says that: i On the Z Z day of N,50 C-iV V,2013, I personally mailed at the United States Post Office in -5,00TI-40 i,-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 f roll verified from the official records on file with the( )Assessors, or( ) County Real f Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding pplicant's property. z (Signature) Sworn to before me this( � day of�Q�2.�i , 20 VICKI TOTW Notary plc i Sttaa, of New York (Notary Public) _ No.O `f061y0696 Qpalit=ied in Suffolk County / Commission Expires July 28,20_�__�-l' PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. 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C;ry'stata:ziPO()',"�Q L.•(P �ye r 1 t 0 7 f TOWN OF SOUTHOLD ZONING BOARD OF APPEALS 4�-7 SOUTHOLD,NEW YORK tA L.A-7 AFFIDAVIT , , OF In the Matter of the Application of POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as S CTM Parcel#1000- 70- 4 j--�p COUNTY OF SUFFOLK) STATE OF NEW YORK) I, CiP,`� residing at T 1A L L1, V-Z-P,, ©Ct-l1�L17 New York, being duly sworn, depose and say that: On the ,Z.�� day of JAt JL)Agt , 201Lt , 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 Jdi"QA(Zy , 2C��i t- (Sig e) Sworn to before me this Day of `f�8� , 201 VICKI TOTH Notary Public S#at�of New York No.011061 0696 Qualified in Suffolk County Commission Expires July 28 20 GIST (Notary Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby. i SENDER:COMPLETE THIS sEcriON COMPLETE THIS si-crIOWON DELIVERY ■ Complete items 1,2,and 3.Also complete A Item 4 if Restricted Delivery is desired. ❑Agent r ■ Print your name and address on the reverse ❑Addressee ? so that we can return the card to you. B ece' a r� C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. t Is de i e adf�r ss differen m item ? ❑Yes r 1. Article Addressed to: If Y S,en;eY delivery address low: ❑ No l 1\10 k n ' v !. C S h 1 ` s [?�c�{ t' l l4 j 3. Sery` Type � rA�✓ ❑Ce��ed Mail El Ezpress,Mail ❑Registere6 `)i KRbtft',Receipt for"" ❑ Insured Mail 0 C O.D. N 2 N 4. Restricted Delivery?(Extra Fee) 2 o 2. Article Number Q ¢ ° } Z W a 7010 1060 0001 1575 8730 ❑ ❑ ❑ (Transfer from servi° LO T O PS Form 3811,February 2004 Domestic Return Receipt a ) o 'd E g � t. . . . U 2 •o d q L a�i ro ¢ U a M ■ Complete items 1,2,and 3.Also complete A Si a re j a ❑Allfu item 4 if Restricted Delivery is desired. _ co ■ Print your name and address on the reverse A' t' a v �° '- so that we can return the card to you. B. ec ay, - C. Da � �° °1 o LO ■ Attach this card to the back of the mailpiece, G 0 I I � ' ° r` Ln or on the front if space permits. a) w r Is de' ery address differen from it m 17 I Cl) w > V — 1. Article Addressed to: If YS,enter delivery address belo • Q x m o w Co ❑❑❑ r-� , o 3. S �I =hype ✓e 0. rfified:Mailr) TZ`Express Mail . o a) o E p 17� ❑Reglstered" *Retum Receipt foi' o a�'i" o s �"', -; ❑ Insured Mail ❑C.O.D. j N o`-» ur J# O 4. Restricted Delivery?(Extra Fee) ri Y E °t 2. Article Number .�cI (rransfer from servic 7pyp 1❑63 ��01 1575 87�9 c`!°-oE� a c, - �o PS Form 3811, February 2004 Domestic Return Receipt 1 v 15 Co w o E« Ero �� d Xi Q) ii ' C U co O y r _..�L co roL* Q Z CM COMPLETE . -LETE THIS SECTION ON DELIVERY m o E ov 2 e ■ Complete items 1,2,and 3.Also complete A. signa r �. +a o a �a Q � . item 4 if Restricted Delivery is desired. X _,A2�"t� ■ N a . ■ Print your name and address on the reverse ------—— - so that we can return the card to you. by e). Date of Delive, } ■ Attach this card to the back of the mailpiece, 1 or on the front if space permits. � 1 D. Is delivery address different from'te 1? r 1. Article Addressed to: If YES,enter delivery address be w: ❑ No 7 eJ 07 3. Service Type 7 .j2o' goo .4�•77 - A;)c/ t l9T� 1�T ❑Certified Mail ❑Pppress Mail ❑Registered RK Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number - (Transfer from servic•-' ' 7 p 10 1060 0001 15 7 5 8 7 4 7 PS Form 381 1,"Fe omgstrc a urn "eceipt 10259$'YS2=M-1540 S(� 40rU, #11503 ! � JAIL 0 9 1014t. 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 2nd day of January, 2014. Principal Clerk Sworn to before me this day of 4n �2O4. "LEGAL NOTICE 1010 A M ROBERT WAISH zSOUTHOI D TOWN :i #6708-Requestfor Vananess from Arh I ZONING BOARD OF APPEALS i- :cle X.Section 280-46 and Article III Sec-,`. '7�IURSDAY dANUARY91 2014 tion 280-15 and the Building Inspector s •! 11PUBLIC HEARINGS`-.. } Octobei 15`2013 amended Ocfobe'r'22 ' NOTICE,IS HEREBY'GIVEN,put �, 2013 Notice.of•Disapproval based'on an suant to Section 267 of the Town Law and .application for builduig permit for`addi Town Code Chapter 280(Zoning) Town ;i' tions and alterations to exrstmg'single of Southold,the,following public;heatings family dwelling and an accessory garage will be held by,the SOUTHOLb TOWN j: at;1)less than the code required mini ZONING.BOARD OF'APPEALS at the ;, mum,front yard`setback"of 45:feet for Town Ha11:53095 Main Road,EO Box dwelling additions 2) accessory,garage CHRISTINA VOLINSKI 1179;Southold New York 11971=0959,on ' proposed in a'locarion other than;the NOTARY PUBLIC-STATE OF NEW YORK THURSDAYJANUARY9 2014:' code required'rear yard located at:780 NO. Ol V06105050 930 A.M.-- WILLEMw KOOYKER King St;eet(comer Second Street)New arid' SUDITH ANN CORRENTE _,S o1k;NY.SCTM#1060,=117811 9ualtfied In Suffolk County #6716-Requeest for Variance from Ai 10-30 A.M.`= BETTY;•DEROSKi My Commtselan Expires February 28, 2016 z`ticle`XXII Section 280-116A(1)"and the t REVOCABLE:TRUST.#6707 This is Buildmg,Inspector's'December;,5 2013 -,tl'a request for a Waiver of;Merger under ; ]i15P.M.-MLADENBAY#6714-Re- . Notice of bisapproval based'on an ap ,a' Article.II,Section 280-10A,'to unmerge ;; quest for Variance from Article XXQI Seo-.: plication for building permit for,partial land identified as.SCTM,,#1000=136 1 - ]1300A M. i`"ROLYN R:AMEEN i tion 280-124 and'the Building Inspector's ,'demolition and additions and alterations � 24.1,based on the Building Inspector's °' 1 November 25,2013 Notice of Disapproval (`'#6711 =Request for Variance from Ar to existing single family dwelling at 1) '.;' October 30 2013.Notice of Disapproval ticle XXII Section.A0-116B and.the i`based on an application for building permit t less Than the Bode iegiiired setback of which states adjoining'.conforPiing or Biiildin Ins ector's`,October 1Q 2013 t 'for construcfionofa garage and porch addi i 160`feet,from the top of bluff,'located f nonconforming;.lots',;held in common ' �Notice of Dina royal based'on an a ' i do at;1)less than the code required com- ownership shall,merge until the'total pP.. P- n ) at,7832 Glaypomt Road (adl:.to Fsh hcation for buildi ermit.for addi bind side,yard setback of 35 feet,located I ers,Island.Sound) Fishers Island NY lot size conforms to,the current•bulk P g P ati 475.Hi11°Road (adj:to,Jockey Creek). 1,.SCTM#1000 3-15 -,' 1'schedule (min. 40,000,sgaara�feet bons and altera6onsti,to-existing;single . ( famil "dwellin mg,,at 1 I'Southold,NY.SCTly1#10D0=70-430 9:SD�A;M:'-'RICHARD and`LOR m this_R-40 Resrdential:7one Distnct) Y g )less,than the: t •.fie Board of.Appeals will hear all RAINE,BURDEN:#6712•=Request for ; this lot is`me"rged with lots 1000 136 1 required bulkhead setback of 75,feet persons;orV their;re resentatives, desir- Variances'-from=Article XXIL°Section 21&22,located:at•275'Oak Street;2835 ;Iocated"at 755 Lupton Point Road`(ad1g to be heard at each hearing,and/or' " 1 & 2$55 I3ar`bor Lane Cutchogue,-NY t'to Deep Hole,•Creek)•Mattituck; NY 280-116B;'Article iXXIII Section 280 ! desiring,to submit written statements .'SCUM#'s1000-136 124.121&22' SCUM#1000 115-11 4 1 ' 124, and the Building Inspectors last 11:50 A M -STEVEN•and SUS AN before the conclusion of each.hearing. ]0 50 A Iyk'-WALTER MiTRPHY ='Each.hearin will not start earlier-than �-up¢dted December.4, 2013'Notiw of - , BLOOM#6709'=-Re nest•for Variance g (ESTATE OF #6713'-Tliis.is a request fl designated above.Fifes are available for 1.Disapproval based on-an application for' fora Waiver of Merger under Article II, from Article III.Section 280-15.and the building permit for"as built"decl.add! Section 280=10A,to unmet a land•identi :: Building Inspector's November 15,2013 review during regular business Hours ''tion and,in-ground.swimniing'pool at;' g Notice,of Disa roval based on an a and prior to the day,of-the hearing.If fied as,SCTM#1000=110:=3 10,'based on PP P you,have'questions,please contact our 1)less than the code required'bulkhead. '-:the Buildin Ins ector's-Novemb"er 25 plication for building permit for an ac- : : y q setback of 75 feet,2)less than ahe code: 2013 Notice of Disa 'ioval which states cessory in-ground swimming pool,at;1). office at, (631) 765-1809, or by email: i required rear yard setback of 50,feet;3) �'adjoining;conforming,or nonco 1." proposed location other than the code Vicki.TothC�Town.Southold.ny.us less than the minimum code're uired re wired,rear aid,located at:7800 Pe-. Dated:December'10,2013 9 ing lots held'in commoifownership shall q y ZONING BOARD OF APPEALS f side yard setback'of 15,feet located at . ' merge until the•'total lot'size-conforms conic Bay Blvd.,(adj;"to Great Peconic 28b0 Ole hie,"Lane (corner'Channel to;the-current.bulk schedule(minimum ;. BaY)I at'-r1;N.Y.SCPivf#1000;126-11�15 LESLIE KANES WEISMAN,P CHAIR- -(adj.to-ilr`edged canal)Ivlathtuck 140,000 square feet'inthis R 40 Residen - Vicki Toth I NY•SCTI4I#1000-122=415&16 `, tial Zone District)this lot is merged With,' 54375 Main Road(Office Location) lot 1000-110.-3-11, located at: 7S0 and•,. 53095 Main Road(Mailing/USPS) bO 'Eastwood Drive'Outchogue, NY.. P.O:Box 1179 SCTM#'s1000-110.=3_-10&_ 1_l ' Southold,NY 11971-0959 11 503-1T 1/2 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: h.gp:Hsouthtown.northfork.net December 9, 2013 Re: Town Code Chapter 55 —Public Notices for Thursday, January 9, 2014 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 December 23rd: 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 December 30th: 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 January 2nd: 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 January 7, 2014. 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. Office Location: so Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 • �OQ Southold,NY 11971-0959 o�yCOU ,� http://southoldtown.northfork.net. BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 December 10, 2013 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale : Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File '# 6714 Owner/Applicant : Mladen Bay Action Requested: Construction or a garage and porch addition. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural.District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Lesli K. Weisman ZBA a' per n By: Encls. Office Location: pF $Q�Tyolo Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 Southold,NY 11971-0959 �ycouff l,� � http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 January 24, 2014 Mladen Bay 475 Hill Road Southold,NY 11971 RE: ZBA Application#6714 Dear Mr. Bay: Transmitted for your records is a copy of the Board's January 23, 2014 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. Sincerely, Vicki Toth Encl. Cc: Building Dept. 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