Loading...
HomeMy WebLinkAbout6725 apo Oat 4 &(08() CDY)Sf71 Cc net.A) cSr je ��l vl -{`0+4 r + CAV a a fl�-�• �/ Sec• cz /D n-r+ XX (( (, S2C• a 90 10131)3 Denj ry / ;nLv - lo� BOARD MEMBERS *OF SO�r Southold Town Hall Leslie Kanes Weisman,Chairperson y� 53095 Main Road•P.O.Box 1179 �� l0 Eric Dantes Southold,NY 11971-0959 ' Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning ,'�c►� �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yCOUNTY,� Southold,NY 11971 http://southoldtown.northfork.net C IVED ZONING BOARD OF APPEALS .57 TOWN OF SOUTHOLD AR Tel.(631)765-1809•Fax(631)765-9064 �j 014 outhold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF MARCH 20,2014 ZBA FILE: 6725 NAME OF APPLICANT: Fordham House,LLC SCTM#1000-21-5-11 PROPERTY LOCATION: 5205 The Long Way(adj.to Long Island Sound)East Marion,NY. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 8, 2014 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 February 28,2014.Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. However, with the conditions imposed within this decision the Board finds the action is consistent with the LWRP policy standards and is therefore consistent with the LWRP. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a vacant 33,005 sq. ft. waterfront parcel, of which 14,820 is buildable land, in the R-40 Zone. The northerly lot line measures 120.96 feet along Long Island Sound. The easterly lot line measures 468.32 feet along adjacent residential property. The southerly lot line measures 57.09 feet along The Long Way, a public road, and the westerly lot line measures 391.75 feet along other adjacent property. The property is shown, with proposed new construction, and proposed building setbacks, on the survey drawn by Kenneth M. Woychuk Land Surveying,PLLC, last revised on 12/28/2013. BASIS OF APPLICATION: Request for Variance from Article IV Code Section 280-18 based on an application for building permit and the Building Inspector's January 9,2014, amended January 16, 2014 Notice of Disapproval concerning a permit to construct a new single family dwelling, at; 1) lot coverage more than the code permitted 20%. RELIEF REQUESTED: The applicant requests a variance to construct a new single family dwelling with proposed lot coverage of 25.9%,where the code permits 20%maximum lot coverage. l Page 2 of 3 March 20,2014 ZBA#6725—Fordham House,LLC SCTM#1000-21-5-11 AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant's agent on 3/14/2014 submitted a revised plan decreasing the lot coverage from the proposed 25.9%to approximately 23.9%+/-and therefore,bringing the plan into more conformity with the code. ADDITIONAL INFORMATION: This property was subject to a prior variance on October 3, 2013 application #6680. The applicant requested a height variance for a third story, lot coverage of 22.4% and a bluff setback of 61.5 feet. This application was granted for the third story with conditions and denied the lot coverage and bluff setback. The new application before this Board is substantially different from the original request. It is to be noted that in the original application #6680, the lot coverage was incorrectly calculated; the proposed decks were not included. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 6,2014 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 4267-b(3)(b)(1). Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. No other dwellings in the neighborhood have exceeded the lot coverage. However, the other properties have larger buildable area than the subject parcel. By removal of the proposed rear first floor deck the lot coverage request will be reduced. 2. Town.Law 4267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant can bring the appeal into greater conformity with the code by reducing the lot coverage as close to 20% as possible. However, the property has severe topography, is restricted by a reduced buildable area and a non-disturbance buffer. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 29.5% relief from the code.However,the grant of alternative lot coverage relief will reduce the amount by 2%. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new home while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Dantes, and duly carried,to DENY as applied for, and GRANT ALTERNATIVE RELIEF as follows: Total lot coverage on this buildable area of 14,820 sq. ft. shall not exceed a total of 24%. Subject to the following conditions; CONDITIONS: Page 3 of 3 March 20,2014 ZBA#6725—Fordham House,LLC SCTM#1000-21-5-11 1. The proposed first floor rear deck shall be removed and replaced with a patio on grade. 2. The second floor rear(seaward)decks shall remain open to the sky. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Before applLingfor a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final survey, architectural drawings, and recalculation of lot coverage conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. 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 variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Horning, Goehringer, Dantes. Nays: Member Schneider. This Resolution was duly adopted(4-1). �Q�- Lu��6. Leslie Kanes Weisman, Chairperson Approved for filing /OJ - /2014 Toth, Vicki From: Terry, Mark l!(�7 Sent: Friday, February 28 2014 3:38 PM RECEIVED ry �tL_�C�.! J ED To: Toth, Vicki Subject: FW: FORDHAM HOUSE, LLC#6725 FEB. 2 8 2014 Attachments: 6680 Inconsistent.doc APPEALS The past application was numbered 6680, the new application is 6725. It is the same SCTM#. From: Terry, Mark Sent: Friday, February 28, 2014 3:09 PM To: Weisman, Leslie; Toth, Vicki Subject: FORDHAM HOUSE, LLC #6725 This action was reviewed in August, 2013 and recommended as Inconsistent. Although the applicant has furthered LWRP policies, I have one remaining concern: 1. The type of buffer is undefined on the site plan, last revised 12/28/13. It is recommended that the Board require that the buffer be labelled as an non-disturbance buffer. Mark Terry Principal Planner LWRP Coordinator Town of Southold 54375 State Route 25 P.O. Box 1179 Southold, New York, 11971 (631) 765-1938 l f V 1r i v IX V-V �� " , RECEIVED FEB 2 8 2014 MEMORANDUM BOARD OF APPEALS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator 0S- �7 Date: August 28, 2013 � S J Re: Coastal Consistency Review for ZBA File Ref. FORDHAM HOUSE, LLC #6680 SCTM#1000-21-5-11 FORDHAM HOUSE LLQ/#6V0 Request for Variances from Article IV Code Section 280-18 and Article XXII Code Section - based on an application for building permit and the Building Inspector's July 24, 2013, amended August 6, 2013 Notice of Disapproval concerning a permit to construct a new single family dwelling, at; 1) proposed construction at more than the code maximum height of 2 1/2 stories, 2) lot coverage more than the code permitted 20%, 3)less than the code required 100 foot setback from the top of bluff, located at: 5205 The Long Way (adj. to Long Island Sound) East Marion, NY. SCTM#1000-21-5-11 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed action is INCONSISTENT with the below listed LWRP polices and therefore INCONSISTENT with the LWRP: The review addressed the less than the code required 100 foot setback from the top of bluff. In 1975 a Covenant and Restriction (Liber 7969 page 274) was placed on the lot which is included in the subdivision known as Pebble Beach Farms. Clause 10 prohibits the construction.of any part of a dwelling northerly of an approximate 100 foot bluff setback line. The text of the clause is included below as figure 1. 10. An owner of a water front lot facing on the Long Island i Sound shall not construct any part of the dwelling northerly lj of the approximate 100 foot bluff set back line shown on the filed map, unless approved by the Town of Southold. Figure 1. A large portion of the proposed single family residence occurs in the setback area. In 2009 the Board of Trustees issued a Wetlands Permit for a single family residence that met the 100' setback condition. The permit has since expired. It is recommended that the Board clarify the need to encroach into the setback. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem Policy 6.3 Protect and restore tidal and freshwater wetlands. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: 1. Maintain buffers to achieve a high filtration efficiency of surface runoff. 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. In the same Wetlands Permit issued in 2009, the Board of Trustees required the establishment of a 50' wide non-disturbance buffer. The buffer was memorialized by the filing of a Declaration of Covenant Liber D00012603 Page 669 by the landowner in 2009. It is recommended that a perpetual 50' non- disturbance buffer be shown on the survey. Further it is recommended that the Board relocate the proposed 8'x8' dry well landward, outside of the non-disturbance buffer. Please be advised that the Pebble Beach Farms Covenant and Restrictions; clause 2, prohibits the installation of modular buildings. 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 RECEIVED Ls COUNTY OF SUFFOLK ��� \\�\,� .. RECEIVED J\� FEB 1 1. 2014 BOARD OF APPEALS Steven.Bellone l� SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment January 8,2014 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A.decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Curis, George 6722 Schlessinger,Dennis and Maryann 6724' Fordham House LLC 6725 Amabile,Bob 6726 Schafter, Joseph& Cynthia 6727 Scofield,Frederick C. Jr. 6728 Higgins,Patrick L. 6730 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 FORM NO. 3 NOTICE OF DISAPPROVAL DATE:January 9, 2014 AMENDED:January 16, 2014 TO: Stacey Bishop(Bouboulis/Fordham House LLC) 150 Waterview Drive Southold,NY 11971 RECERVED Please take notice that your application dated January 7,2014 JAN 16 2014 For permit to construct a new dwelling at WARD OF APPEALS Location of property 5205 The Long Way, East Marion,NY County Tax Map No. 1000 -Section 21 Block 5 Lot-1 1 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 33,005 square foot lot in the R-40 District is not permitted pursuant to Article IV, Section 280-18, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule with the same force and effect as if such regulations were set forth herein full" Bulk schedule allows a maximum lot coverage of 20%. Following the proposed construction total lot coverage will be 25.9%. This Notice of Disapproval was amended on January 16, 2014 to correct errors. Authorized Signature CC: file,Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 9, 2014��`1�- TO: Stacey Bishop (Bouboulis/Fordham House LLC) 150 Waterview Drive RECEIVED r Southold,NY 11971 Please take notice that your application dated July 22, 2013 JAN 13 2014 For permit to construct a deck addition at BOARD OF APPEALS Location of property 5205 The Long Way, East Marion,NY County Tax Map No. 1000 - Section 21 Block 5 Lot 11 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 33,005 square foot lot in the R-40 District, is not permitted pursuant to Article IV, Section 280-18, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule with the same force and effect as if such regulations were set forth herein full." Bulk schedule allows a maximum lot coverage of 20%. Following the proposed construction, total lot coverage will be ° 7/ - N�)Ij �Sigfiature CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. RECEIVED 7 Fee:$ Filed By: Assignment No. 14 Lj APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No.6-)bS'Street ' a Gr' Hamlet SCTM 1000 Section,2?J Block 5'-Lot(s) Lot Size 33 Q0s' Zone X­5/6 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSP +CTOR DATED �)��� 2c�/ BASED ON SURVEY/SITE PLAN DATED ,.9 D7s, / Applicant Owner ZZ c_- Mailing Address: lb CA Qi� Telephone: Fax: "7(9J=8y/a Email:C4 Iswdr,.� .�17� ao!•ceM 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: �IXC.,,/ for()O-Owner( )Other: Address: 1,,5a Wq-i2,-yj&4j DA_ Telephone: 96�y,3�� Fax: 7&Y-81110 Email: Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), V Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED -t / FOR: Building.Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction (Other: A�cc�ra G�1dc,Lq�c.� Provision of the Zoning Ordinance Appealed. (I-dicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote`the code.) Article: Section: �02E?0'i Subsection: Type"of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal (Ahas, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). C&/3 . (Please be sure to research before completing this question or call our office for assistance) R CEIVED i e# Name of Owner: ZBA File# � JAN 13 2014 REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): BOARD OF APPEALS 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: Su r3Sz-zc-r�c— C,r,c-(, /:cr ,!,TVA-72,W 70 ,6c7az o(-1 ,iJ�}P�aGi�f ,0,4 cT O l//OSJ at) 6U,5j,=r VC4,4--, ,/- VA,2,14^SCd Gtinnl-eW/ ., &X441,n r /n/ 194m6 Ok 77dc.� A J a wow— r 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: 1h� /Ja;0"6- �7r P/v62aP/J y o/' 7?{u Ju3J cz,���dPuc7t/ /s ,� Sc dPcf d ITN �4 1)1 C4r vL' /4ac tU/ /v2 /pM ,nJ 62.aoc: 4441 /L,GNi Tb (-e*�/ Hca��,4/G f{T L[a4f So Auf CA 7NU 1tJAJOA7)4n/ o ie x 46a,4rgdj e' &CAP '/1J c9 c.csS'r.7W 7T .)G 7?41- /k;0r,0 G�iirL ,r-Ooe� 3.The amount of relief requested is not substantial because: I l (p��D/G�.`} 0/ A.L cIrCTj5AG/G 9�G�YGc(G'j I�G QLs��t��lbrrl%S 07) Gd/ I�ta,1 cv.SJ,/�mar�,✓G T/J&, -,ro7w- ('? 6,- 61' 7X,-- G oT zzn: D06-r n�� occcz.-o -IAd a4>o/D Ae-40M* / .ra r 4- 6'&AATt-0 /i s,%ZT RS /acPos,�G /gt iTRay lgp(r, vy /3az4-o1QGe- Pana-�h.J 4.Ile variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Ld 14.f 1 A-&' IQT /Ajall cr),16 -j'W AIA-rchtqL ,,oPd&",V ty 41"; -INc, �iw�ou�y . 140n,77CU464y i NU- /�LdPd r V .lI ILCA ,7 tec l �!-' G2t9N7�r� AC �rou d,T,�-T X CMAW-r c.,,7 Act O AC'r-c:TT SC7-64C,GJ AS 4GZ,- AS 7?JC- SU` "IJ /JtSTc/,L/j,tlnit[ >dnX- / 5.Has the alleged difficulty been self created? { } Yes,or(�-No Why: C-Un>S•lJL�t.i,k, ?7tL' 7veA64Rp,<t r OP -n-r- sc,d'j=;r Pt4PW--ry, fur 6'Wy W1°Y 7U Acz-cwx 7-14L- 46^e& 14' ViR bC21G I✓ /ltYali Pa scd1 /N �tb,� Are there any Covenants or Restrictions concerning this land? { }No &Yes(please furnish a copy) "R), Ar s D(S7*'Wp-)C'e!77 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. bn1 S� c'� <.:�Z� 11 Signature of p 'cant r Authorized Agent 1,^ (Agent must it wr1 Authorization from Owner) Swom to before me this��'�" da of n Vv61d^�' 20 . CONNIE D.BUNCH Notary Public .Notary Public,State of Now York No.01 BU6185050 Qu&HW In Suffolk County Commission Expires Aprll 14,2 APPLICANT'S PROJECT DESCRI DN APPLICANT: S.ZISW -4, C'rJil 6b&1, /LUGi7&J CVCJ &J(-.DATE PREPARED: + 1 I--,'1.For Demolition of Existing Building Areas RECEIVED Please describe areas being removed: JAN 13 2014 r,r.A r,rn r--%r_- A r)D r—h G C A.J lJ r1,v_r H.New Construction Areas(New Dwelling or New Additions/Extensions): / \51,- y, +) Dimensions of first floor o}gGpis4m: d 0160 5t A- -NoAf&-- Ly(" 1 ar 62&W 311 s��r Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): 3!V Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: ��-,) M.Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 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: 4Asuo onJ J PZy serfs' "l5urc,0r4g4L" Square footage of your lot: 33;QDO -wA4 Ilo.�ya' (40�4r✓o 70 7o/ W. iscd�/ l%82-0-7b 604rj,i__ Percentage of coverage of your lot by building area:ySd/v 1o7��crr�c.-►�"3u+—r� =+z-�ra„3 �cax� V.Purpose of New Construction: S/nJ6cy- Am/e V aj ✓AC-4,Vr-46-2-- 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): Lk-LW (JJI--V(--r l w/7X L--U V,a i76,J I�►fi .c�✓nR�s c,�J 7y /J /�Sin..Gam' /a,GC-RS. /�S A/rG'SU G %N(.� `Dr/,JON7)6J L1/Gc- /S�r G7C[)�Oc✓ /n� /�/ZCY�s /W a flab nJc ce-x-,QrgR�i /U- lorLc=sr Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? JAN 13 2014 Yes — No B. Are there any proposals to change or alter land contours? BOARD OF APPEALS (-No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? AA? 2.)Are those areas shown on the survey submitted with this application? No 3.)Is the property bulk headed between the wetlands area and the upland building area? V0 Goan cam 4.)If your property(contains wetlands or pond areas)have you contacted the Office of the Town trustees for its determination of jurisdiction? Y(;j s Please confirm status of your inquiry or application with the Trustees ALAAr-nij& 7-Ov--X -L)Z-,WrLm„A1a77&1 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? )/d E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?--,00 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?�A _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. /, 1/A, H. Do you or any co-owner also own other land adjoining or close to this parcel?j—db If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel I)AC."I' and the proposed use Sra&c,cf AA4i�,c/ t6d�c (ex:existing single family,proposed:same with garage,pool or other) Authoriz sign a a and Date rEIV.ED AGRICULTURAL DATA STATEMENT 1 3 2014 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOAR® OF APPEALS 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: 91—Accoy 134f1W —c:,c:Alo Gsas�,cu ---)a,J Svcs 2. Address of Applicant: JSri Gsg-TcsiraliaJ oA- j-1iu7-;yog.0 3. Name of Land Owner(if other than Applicant): rwo .,D AJA&t t wu.rcv, [sc- 4. Address of Land Owner: ,�o GA/LIWiJG72)� �2 (pGLSZ.'r�laJ IG�4 GT ( 5. Description of Proposed Project:_ S/r�6cc� icy /�4��ZL/JG on Un►,,,�ieoyc �RdFe. 6. Location of Property: (road and.Tax map number) Zd&)L WAY CA87—MALidJ 7. Is the parcel within 500 feet of a farm operation? { I Yes {))�Zo 8. Is this parcel actively farmed? { I Yes XNo 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 Ap c 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. 6IZ20 RECEIVED Appendix B Short Environmental Assessment Form JAN 13 2014 Instructions for Completing SOAR® OF APPEALS Part 1-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 Name of Action or Project: rd fJ kAmt Project Location(describe,and attach a location map): Sao,5- 7—A4;r ya,i6 oA c;lgs Awe J Brief Description of Proposed Action: Gc3tJ s i a��J 01 ' Cls JU-. AMI,,y d,S VACA J LoanlD Name of Apj2lic�nt or Sponsor: Telephone: 0/0 S, �� /�v f Hd G AS'Gsnlo C.J?,11 T.tu b J ✓Cd i J E-Mail: !zm Address: IS'-b !.!a� ✓. ,Drc City/PO: State: Zip Code: �1 ac.tT?cbLp M 110/-7/ 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: -Do{ Tow z (MCA(. C G -NNO-J)-S(A A-1 I AC.- k_ 3.a.Total acreage of the site of the proposed action? 07& acres b.Total acreage to be physically disturbed? M acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 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 Pagel of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X, 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? NO YES x b.Are public transportation service(s)available at or near the site of the proposed action? x AsSOciAro,) "KIVpTOF (JAY" Ta ALIVAit!'/jk74W 0,0 A0JACcrA;7-4_C; r— c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? )C 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: tf&ILS gl-Ll��'IZG� cS714�L G6nrp�'�^�7' C.NOufi 10. Will the proposed action connect to an existin pu lic rivate water supply? S(Z44iq NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment:_ �1G 4r/2-m 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? 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? L.17. S OUWO 0� b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify'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 ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 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? VNO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? t „ If Yes,briefly describe: ❑NO YES)1 &JJJOUS A) � S7 y/ 1{l.{/N I��J�� ciJYri �Ad Page 2 of 4 JAN 1 3 2014 BOARD OF APPEALS 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: \J 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/sponsor na . S714C,Cy —B�.Sf Q�j Date: da / 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 1 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?" � No or Moderate f small t0 large s impact impact may may 4 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? X 3. Will the proposed action impair the character or quality of the existing community? x 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? X 5. Will the proposed action result in an adverse change in the existing level of traffic or y affect existing infrastructure for mass transit,biking or walkway? J\ 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? X 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, waterbodies,groundwater,air quality,flora and fauna)? mcun VED Page 3 of 4 � JA g N 13 2014 130ARD OF APPEALS No,or Moderate small to large r 2 impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? VVI 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. �1 GlJA)eL1— ?A)acA-7Y IS A LNFX16rM i2o ,(ule-10W4 4-0 7- CcX M )4 A )OLAilOCrO 4r4z, APe20c/crJ JV/3a/d/JIa /A C'X-!J72r1Ccr A/c- M&,w ilvA� S/0 S//s1; A/vlcae "r,)JIF-jU4c)oj CcW4 XMJ is CSi1V(34Jf1cryj AIJO 8ini�,Sc-TJ' AS Uc-u AS AC0 lsBTIAZC-N'NcI0 S'b ' /Sur ire- 24&te- C A J r/4ck-,rW (,J sVA�,cz/) /`i•D1j r d7o�ic/-uJ l ��po d'cn GOrJ s i��,a w I c..� ��n�� ;� /�� 'd cJ,J C.�WSd'�iJ CJn�7>WL GOGJo`J ✓�� '��-ywG-2Ls��lq,� ,aA�L�� A�JD s'�c.�FbJLu✓G �u�i,✓c. c�n�si����a� "� P�cv T 1Z jd-jP4- ?hod„) 7Ww ❑ 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. C: Q-V0 w/JJrAct fW cRjaj INC— / Name of Lead Agency date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signatur R sible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) RECEIVED Page 4 of 4 JAN 13 2014 [� BOARD OF APPEALS APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME (Last name,first name,nilddle 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 X Trustee Permit _ V 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 t elown officer or employee owns more than 5%of the shares. YES NO If you answered "YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicanUagent/representative)and the,town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) : A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant +R YcCEY",l E -1. i DESCRIPTION OF RELATIONSHIP JA(v 1 2014 OF APPEA- Submitted this 3 CJ day of Signature Print Name AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : S"Iqcc;y /3�J/1b,D (Last name,firsf name,middW 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. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 20_ff Signature RECEIVED i Print Name JAN 13 2014 130AR® OF APPEALS S Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM JAN 13 2014 A. INSTRUCTIONS BOARD OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This . assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# _- S - The Application has been submitted to(check appropriate response): Town Board E Planning Dept. E Building Dept. E Board of Trustees l. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 I 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: 1�O��Ck/aL �— �Cax/ta2.,y�c:� � L�� 9� ' �'•9�a �s3uc%-� t- �'ic.o Location of action: > �ItirG t,lay, c:�s>'i�A,6ihj RECEIVED Site acreage: .`76 1&4c-'r Present land use: 1/'4Gq,✓r' JAN 13 2014 Present zoning classification: HOARD OF APPEALS 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: C&V (b) Mailing address: /Sa (c) Telephone number: Area Code( ) (oil - 90s 413 S,9 - (d) Application number, if any: e!5 pP���.a�J,J Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No rD/N1. 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. Ayes ❑ No ❑ (Not Applicable- please explain) -ru3�c%u� &!;,J drx-7y zo /�OfO.tc�ut-� Su�t�iriirie�s Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No (Not Applicable-please explain) Ind 6(„F P0-r—I#,JOfl d A V!/ X"4fx/ Al IS7WuL On- A c.ua L O C-4 6 ,,asp L Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes 0 No 0 (Not Applicable—please explain) 1X6®osc-n CAS'5j-rA"4ZW3 IS ca,w��a7+ urjrx r✓�ca�A�.tccnr✓y L 1r7.r //s 7N Ic a,�a��c� —&11NLd/tJNIN ,. A O'ns ] 4 VcmemT14Q C4)rJS�/tj'rx or- baAo On- o✓ex&",.0 T2"'-s -✓rnlc.�sy AS U C4,4- AS W NA1—AD/J6^/llAx 7y /34r befim-t 1" m L-A j cCscA.Jcx_r o S&j t "!-ra o✓* :DzelOS. ce-/M rA—f7 /.Sti�a��t+�, r;rz. A /)AWScr AxA 7o oV^Ar, J1 (Sc.o6 P"4jaz A-j'0 At)%DtG(rAJC0X c4alco 7,tb sewik taccr X'swJte- NAN.u: do 774& " A'jo P/w�fKt)tie ►�/GTF7c� Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes 1�1 No E (Not Applicable—please explain) ` Nt�,.1 iJiS/y✓cc+sAacv &u64X_ D7VAi_k-r_) GAa0'jaU0 AL 4, jam, vA /Scvl,G 7v I/V0/I0-VOCAS �c=G�(.'7W77&) -19 T1 94C AV219&V 7V 09R-47Znci—Amw1rtJQaw /trCk-A.f G42n1 Fic4 a QmeAc PASS &Ue 63A(4r.J A40 /,ACT 6 LfcY2 au,,*r4 dd,) rA c- '4j '7b �l TNc—_ tk rT✓4 vt t��" /MOA�i.t. "'VW(JW a 76 /3 of i,�r:�ac4co /�c�_M.J,J OLCX/o,:>440:, • 4A�� cro S1 XUcaya.& Qm,Z! 4 Scr'26AC c S d#--,Ccrrl Ao, -ba,QAGLE iRPcr 1)1 Sq",LPIM6 ONTb 40 i lvt4m 1)&7loNf3blL /S T*o %c je_—A.w✓vo 13 u AI[:j G Htz m tv Pc n— So(Az}a"--2 Grocer c1t/kkcc�a caJi. Pay soac�o U'Q&MAA1.:ft s t Attach additional sheets if necessary is AZ-SQ S/TJA'ib-& 144A A4a✓t--' &1IA b1-T1aC UX dtl Na &W&A740 .P Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria KA Yes 0 No 0 (Not Applicable—please explain) PCiG1L.rt rla R-N- /QVA 1c.araur Su('i/.a��,.�r/Lay,,,i Arz 6OPrtAro/ua A,JO /�Iu1d rr'L4S fors- 2d,J d� r�,y 7A,,J n/1��. 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. RECEIVED����� Yes E No[K (Not Applicable—please explain) JAN 13 2014 �JuI:S M21'/il01 Vr" O A TW te �Q 1 /�►'i C:s o f L/17td APPEALS Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes ❑ No g(Not Applicable—please explain) $,AD KMa g.)/SLR- G j tc x_ C&1' CASC:)o b V.L 1 VC3 wit d�1r1Y.-y� CNJ d r'R uc�G3J �iet1PDSCY� ! /A/1/OL(/Gf !GI �LtO�t/GJa2 110^40— UMIC-A 41d �C•' ©ir-W4 94" 77-p7W(- " . �'i77.� gS�C�s�aGLTt�+7"Ftu�c''��1��C.,K.taaj'l�J� c.a rJsrlwecT�O,J 7Z�� lo,J o d'JrsJ��ucvdreu t/cl�►c cc,� E­M wro w� Al -r_r cle:rt u,c ca I t+c /Jcr ,(xy�w lu-r� r'+�,� wUn ram.-+`s A JO l o,- 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. kyes ❑ No ❑ (Not Applicable—please explain) P\O r_-JajJ_) XALAAt,OcXAj /+W71vLlAG.I' CJ6t_aLjr"&�O .!'OCIo &fAJ7LV'1MA 4W r1 Pito�cyc^rJ U)n)SThKe�cY� W/�lScl �JlJi?WnJc✓J �Je7xIJ /QOo/Lb�iL�A 7J8.P7'_1Z_X WNic-H 6J[44— /Qcf 9W 7cV.> -e G1 /Q /uca�ra�T a,.�(J -ru�r log Ci7 ,cL bc a4CAn1c'70 op- any Dtw4r' 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. ❑ WE No (Not Applicable—please explain) �L��l�Ics/ �w�ua RGGas1' ,a!' 7�t�Scs�+�co ,ldl�dlsr Attach additional sheets if necessary WORKING COAST POLICIES RECEIVED JAN 13 2014 BOARD OF APPEALS Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No (Not Applicable—please explain) WoSeV Qn1d'i'a.c ut &,� -L-b .:r M-r110160c4a AJt1 6J>rcaZ ©c�wJOca.1c�vtl'c:-� Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic . Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No XNot Applicable—please explain C ,)J'7zu&1%6^) 7a%Xf.S Nu'_ INVot-Vt: MA- trjPAt r- hVIA14, 1nA/L(A)CPr__ Aff_0c/xJc:U AM AS 0,0ovV 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 62n-Not Applicable—please explain �/ld�c.�G�YJJ'iV2w.uakS�J 17r DtiS /W r /NVCC-�/c! /tn)V 9� `K-t�ULNwAL. L,N�JVD�P Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable—please explain �PoV�� farnl.li�cuca'n�J tr�t�. lic.� C.'YJt.+�tG� �'>�c.IUJ�G�i•t71 irJJ'uc.a7a�J '?NAT G-YC� l3uitr344t. carat=r ia,.Jo 014_c At, (Sc- flf-ca2.s XGa rz n A,ja c-yi.-XLc/ �11gC_ �-riro RECEIVE['' JAN 13 2014 BOARD OF APPEALS DECLARATION MADE this 14th day of May, 1975, Pebble Beach Realty, Inc., a domestic corporation of the State of New York having it's principal place of business at 301 Clay Pitts Road, East Northport, New York 11731, hereinafter called the Declarant; WHEREAS, th.e Derlarant is the owner in fee simple of a certain parcel of. land situate at East Marion, Town of Southold, :? County of Suffolk and State of New York, being the premises ?� described in deed dated October 31, 1972 made by Arthur L. R. Francisco and Helen T. Francisco to Pebble Beach Realty, Inc. recorded in the Suffolk County Clerk's of-.f•ice on November 10, ii i 1972 in Liber 7279 ;At: page 489; a metes ;�hd bow.da description I, of which, is shown on Schedule A as attached hereto and a{ade a i� t part hereof, and referred to herein as the "premises". if WHEREAS, the Declarant intends to subdivide said premi.^es for residential purposes and desires to subject said premise:, i` to certain conditions, covenants and restrictions. 1! NOW THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held 1i and shall be conveyed subject to the conditions, covenants and i restrictions hereinafter set forth, and that every purchaser of i' said premises or any portion thereof, by the acceptance of a i' deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set forth. 1; ARTICLE I - DEFINITIONS 1. The words "Subdivision", "Subdivision Map" or "flag" when used herein is intended to mean the subdivision map of the premises entitled "Map of Pebble Beach Farms, East :Marion, / Town of Southold, Suffolk County, New York" heretofore approved 104,� by the Southold Town Planning Board and filed or about to be filed in the Suffolk County Clerk's Office. REOEIVEO JAN 1 3 2014 BOARD OF APPEALS 2. The words "lot" or "lots" when used herein mean the separate numbered parcels of land as shown on the subdivision map. 3. The word "street" when used herein means the streets or roads as shown on the subdivision map. 4. The word "open space" when used herein means the separate lettered areas as shown on the subdivision map. 5. The word "owner" when used herein means any individual, i !' corporation or partnership owning all or a portion of the premises shown on the subdivision map. �i ARTICLE II: The following Covenants and Restrictions applying to the construction, maintenance and future care of the property are hereby imposed upon each lot conveyed by the developer: 1. No dwelling shall be erected having less than 1000 square feet of interior living area on the ground floor. Each dwelling shall have a full basement made of concrete block or poured cement walls. Each dwelling shall have an attached garage with an asphalt or bluestone driveway extending therefrom. to the street pLvement line. Each dwelling shall have a gable, hip, or pitched roof. No flat roofs shall be constructed. 2. No building of the type commonly referred to as "mobile" or "modular" shall be installed on any lot. 3. No commercial vehicles, recreational vehicles, trailers, or campers shall be kept ungaraged on any lot. Any boat stored on the premises is to be stored along the rear line of the plot, if not garaged. 4. No more than two pets shall be maintained on the premises by any lot owner. 5. Exterior clothes lines shall be installed in a manner that will detract to a minimum from the appearance of the neighborhood and with due consideration for the aesthetic value thereof. RECEIVED -2- 'JAN 13 2014 BOARD OF APPEALS is 6. No fences, either natural or man made, shall be erected or maintained on any lot in excess of four (4) feet in height except that this limitation may be exceeded if required by the zoning ordinance of the Town of Southold in connection with i the construction of a swimming pool or similiar facility. However, no fences whatsoever shall be erected or grown in that area of each plot which is forward of a line established by I extending the rear line of each house to each side line of the i plot. Each corner lot shall for these purposes be considered i� y to have it's front yard on the street of the longest dimension. I' 7. No title in and to the bed of the road is to be I I conveyed to the lot purchasers. The grantor retains the said ;. title and the right„ to dedicate and convey the said title to the { Town of Southold or to a lot owners' association, which associa- tion is as hereinafter provided. However, the land in the bed it of the streets shown on said map shall be subject to easements 1� to provide for the installation and maintenance of all utilities and drainage facilities now or hereafter installed to provide i service for the lot owners, whether installed on the surface of, i or above or below the ground. I 8. No nuisance nor noises of any kind, unwholesome and offensive to the neighborhood, shall be permitted to exist on said premises, nor shall any accumulation of rubbish, garbage, junk or materials of any kind be permitted to remain on said premises. No advertising signs, billboards or other sign devices shall be permitted on any of said lots excepting dev- eloper signs which comply with the Southold Town sign ordinance. A lot owner may maintain a "for sale", "for rent", or "pro- fessional office" sign on his lot not larger than 12" x 24". 9. No sand, earth or sod shall be removed from the premises ; or excavation be allowed to remain open thereon, except as may be necessary during building construction periods. After ��p� RECEIVE? -3- JAN 1;3 2014 BOARD 0-� APPEALS s construction, lawn and landscaping shall be installed and maintained thereafter in an attractive manner. 10. An owner of a water front lot facing on the Long Island Sound shall not construct any part of the dwelling northerly i of the approximate i00 foot bluff set back line shown on the filed map, unless approved by the Town of Southold. 11. The individual lot owner shall be responsible for, and !i i` repair or cause to be repaired, any damage to the paved and drainage swale areas of the road in front of his lot, which may i !! be caused by the operation of .vehicles or machinery during i construction or otherwise. i ii 12. The use of each lot shall be limited to one family i residential use. ARTICLE III- OPEN SPACE It is the intention of the Declarant that the premises are !' to be subdivided and developed as a cluster type development i in order to preserve the maximum open space and to impose certain restrictions on the use of such open spaces for the I; purposes of natural beauty and open space; the preservation of natural vegetation; and prevention of overcrowding; and the conservation of water resources. To effectuate such purposes, • i the following conditions, covenants and restrictions are hereby imposed on those portions of the premises designated as open j i i spaces on the subdivision map, to wit: + Unless authorized by the Southold Town Board, j 1. No structures shall be erected or placed in or on any open space. 2. No sand, gravel, top soil or other material shall be removed from any open space nor shall any such materials be I deposited thereon. 3. No trees, or other vegetation shall be removed from. J,��,4'76 any open space except dead, diseased or decayed trees, or such RECEIVED -4- ,JAN 13 2014 BOAR® OF NbEALS ' I other removal of vegetation as may be required for the proper I I natural preservation thereof. 4. Subject to the foregoing provisions of this Article III, ; open space areas "A", "B", "C", and "D" shall be used solely for agricultural, recreational. use of lot owners and their guests, i and surface water drainage purposes, except that open space area "D" may also be used by the Village of Greenport for the purpose I of installing wells therein, and pumping facilities thereon i i �• for 'it's public water supply system, provided that the plans i therefor and the manner of construction thereof are approved i by the Southold Town Board. i 5. Open space area "E" shall be used solely as a bathing beach and related uses by the lot owners and their guests. I 6. Open space area "F" shall be used solely as a motor vehicle parking area for the users of the bathing beach. 7. The use of any and all open spaces shall be subject i to such reasonable rules and regulations, including fees and charges, as may from time to time be established by the Declarant or its successors and assigns. Such rules and regulations and amendments thereto shall be approved by the Southold Town Board. S. It is the intention of this Article III to restrict the open spaces A to , inclusive, for the use, benefit and enjoyment ; i of lot owners, and therefor the Declarant covenants and agrees that it will, at all times during the ownership thereof, maintain , the same at it's expense, for such purposes. Declarant further • I covenants and agrees that it will not transfer title thereto except to an entity comprised of the owners of lots in said subdivision. 9. Declarant covenants and agrees that at or before fifty per cent (50',6) of the lots have been conveyed by it, that it will, at it's own cost and expense, establish a not-for-profit corporation to be known as "The Pebble Beach Farms Lot Owners Association", hereinafter referred to as the "association" and -5- JAN 1. 3 2og BOND r- BLS i within sixty (60) days thereafter convey to such association all of the right, title and interest of the Declarant in and to i said open spaces A to , inclusive, together with any and all private streets shown on said subdivision map and any and I all areas shown on said subdivision map for future highway dedication. I 10. Upon the creation of the association as hereinbefore provided, every owner of a lot shall be deemed a member thereof, j and shall be subject to the by-laws and rules and regulations II thereof. 11. within sixty (60) days after the creation of said ! association, by-laws shall be adopted for the government thereof f ! which said by-laws andany- amendments thereto shall be approved ! i I; by'the Town Board of the Town of Southold. ! I! ` 12. The by-laws of such association shall, in addition to other matters, provide for the following: ! (a) That the owner of each lot shall be entitled to one vote at any meeting of the association. i ;I (b) That every lot owner shall be subject to a propor- tionate share of the expenses of the association including I I taxes, insurance and any and all expenses incurred by the i . association for the improvement, maintenance and use of the property of the association. (c) That every lot owner shall have an equal right, in common with all other lot owners, to the use and enjoyment I of the property of the association, subject however, to the I l by-laws and rules and regulations of the association. (d) That the association shall have the right to borrow ! i such sums of money as it deems necessary for cost of the maintenance and improvement of it's property and to secure , the same by a lien on it's property. (e) That the association shall have the right to suspend i the voting rights of a lot owner for his failure to pay when due any and all changes due the association, that all RECEIVED -6- 'JAN 13 2014 such unpaid charges shall be a lien on the lot of such owner and that the association shall have the right to collect the same and to enforce the lien thereof by any ! I. means authorized by law. (f) That the association shall pay all taxes, assessments and other imposed charges im b g po y any governmental agency as and when the same are due and payable. ' (g) That the association shall maintain adequate fire, public liability and such other insurance as it deems necessary for the protection of it's property and members. (h) That the association shall use, operate, and maintain all of it's streets, bathing beaches and other property i owned by it in a safe and proper manner and in accordance i with the laws, rules and regulations, order and directions !! of the Town of Southold and other governmental agencies i having jurisdiction thereof. (i) That the duration of the association shall be r' perpetual, i 13. That all of the covenants, conditions and restrictions contained in this Article III shall be construed-as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable .by the Declarant, it's successors and assigns, their successors and assigns, and the Town of Southold, and it's successors and assigns. ARTICLE IV - STREETS 1. Declarant covenants and agrees to construct and main- tain at it's expense, during it's ownership thereof, all streets, water mains, fire hydrants, drainage systems and electric utilities in and on the premises necessary for the construction -7- RECEIVED a JAN 13 2014 - Y r of dwellings on the lots of the subdivision. 2. No title to land in any street opened or shown on the subdivision map is to be conveyed or intended to be. conveyed '! to the owner of any lot and the Declarant, and it's successors i and assigns reserve the fee of all land lying in the bed of any i and all such streets, and further reserves the right to convey to any municipal authority, or to the association, all of it's rights, title and interest in and to any part or all of such ! streets, should the Declarant, or it's successors and assigns • at any time deem it expedient to do so. r 3. The Declarant hereby states that the street system in the subdivision has been designed, with the approval of the Southold Town Planning Board, in such manner that the unpaved portion thereof provides for the drainage of surface water within the subdivision and that it is imperative that the unpaved 1; portion of said streets be used and maintained in such manner as to facilitate the percolation of surface water therein. Declarant does covenant and agree that it will maintain said i' street system in accordance with the direction of the Southold Town Planning Board and will at it's own expense make such ij repairs thereto as may be directed by said Board. No lot owner I I! r• shall excavate, fill or in any other manner disturb the land within any street without prior approval of said Board. i 4. Declarant covenants and agrees that when the streets and drainage facilities have been constructed in accordance i with the requirements of the Town of.Southold and an association has been established as provided in Article III hereof, that Declarant will convey to such association all of Declarant's right, title and interest in and to said streets and drainage facilities, whereupon said association shall assume all of the duties of the Declarant with respect thereto. 5. The owner of said streets shall, so long as the same shall remain in private ownership, maintain the same in a safe and proper condition. RECEIVED JAN 11dARD Or-APPEALS II i; PEBBLE BEACH REALTY, INC., by: . .l ' I �seph J. D no n; ~President STATE OF NEW YORK, COUNTY OF SUFFOLK: ss I On the / day of May, 1975, before me personally came I JOSEPH J. DONOVAN, to me known, who, being by me duly sworn, i did depose and say that he resides at 71 Home Street, Malvern, New York 11565; that he is the President of Pebble Beach Realty, Inc. the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; i that the seal affixed to said.instrument is such corporate seal; that it was so affixed by order of the board of directors of i said corporation, and that he signed his name thereto by like I i order. I i i • t � I I i I ' I I I h REQEIVED VAN 13 2014 BOARD OUP APPEALS BOARD MEMBERS Of SOU Southold Town Hall Leslie Kanes Weisman,Chairperson tio�� riy�lO 53095 Main Road*P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Q Town Annex/First Floor,Capital One Bank George Horning ;Q► • ,A,pp�O 54375 Main Road(at Youngs Avenue) Ken Schneider . �COU0 Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RE %E1VE TOWN OF SOUTHOLD 1 I O 9 Tel.(631)765-1809-Fax(631)765-9064 CT 2 3 1 Southold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 17,2013 ZBA FILE: 6680 NAME OF APPLICANT: Fordham House, LLC SCTM#1000-21-5-11 PROPERTY LOCATION: 5205 The Long Way (adj, to Long Island Sound)East Marion,NY. SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category`of the State's List of Actions, without . further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated Aug 13, 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 Aug. 28, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION• The Applicant's property is a vacant 33,005 sq. ft. waterfront parcel, of which 14,820 is buildable land, in the R-40 Zone. The northerly lot line measures 120.96 feet along Long Island Sound. The easterly lot line measures 468.32 feet along adjacent residential property, The southerly lot line measures 57.09 feet along The Long Way, a public road, and the westerly lot line measures 391.75 feet along other adjacent property. The property is shown,with proposed new construction, and proposed building setbacks,on the survey drawn by Kenneth M. Woychuk Land Surveying, PLLC, last revised on 10/2/2013. BASIS OF APPLICATION: Request for Variances from Article IV Code Section 280-18 and Article XXII Code Section 280-116 based on an application for building permit and the Building Inspector's July 24, 2013, amended August 6, 2013 Notice of Disapproval concerning a permit to construct a new single family dwelling, at; I) proposed construction at more than the code maximum height of 2 1/2 stories, 2) lot coverage more than the code permitted 20%, 3)less than the code required 100 foot setback from the top of bluff. RELIEF REQUESTED: The Applicant requests variances to construct a new single family dw;dJ'lifij{41ticaitic space accessed by a built in stairway, considered to be a third story where the code permits a maximum of 2 'JAN 13 2014 BOARD OF APPEALS Page 2 of 4—October 17,2013 ZBA#6680—Fordham House,LLC SCTM#1000-21-5-11 stories,total lot coverage of 22.4%(buildable area)where the code permits a maximum lot coverage of 20%and a building setback of 61.5 feet from the top of the bluff,which is less than the 100 feet required by Code. AMENDED APPLICATION: During the hearing, the applicant was.asked to bring the plan into more conformity with the code. The applicant suggested increasing the setback from the bluff to 82 feet, thereby bringing the plan into more conformity with the codes. ADDITIONAL INFORMATION: The file contains a copy of an expired permit #7139 for the construction of a new welling from the Southold Board of Trustees, dated July 22, 2009 with a reference to a 50 foot Non- Disturbance Buffer area located landward from the top of the bluff with a conforming bluff setback, and a memorandum from the Office of the Engineer of Town of Southold, dated Oct. 3, 2013 in opposition to the proposed non-conforming bluff setback because the existing slopes on the subject property will require substantial land disturbance and re-grading for new construction which, if done within the 100 foot setback from the bluff could lead to bluff erosion. The file also contains a letter from the Pebble Beach Farms Lot Owners Association dated Sept. 27, 2013, and correspondence dated Oct. 3, 2013 submitted by the representative of an adjacent neighbor both against the application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 5,2013,and October 3,2013, at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 6267-b(3)(b)(1). Grant of the variance for a building height exceeding the 2 %stories allowed by Code,and subject to the conditions as stated by the Board, will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The overall building height will not exceed the total building height allowed by Code. The space will be used as only an attic, without any habitable space, but will feature a built in stairway for access, instead of a standard pull-down stairway. There will be no door or window access from the attic to an outdoor decorative balcony. Grant of the variance for total lot coverage of 22.4%, exceeding the Code allowed 20%, for new construction on the site will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood is not characterized by having an assortment of properties with lot coverage exceeding 20% such as the proposed 22.4% coverage. The Applicant did not submit any supporting information showing any other variances that have been granted within the neighborhood with total lot coverage exceeding the 20%allowed by Code. Grant of the variance for a bluff setback of 61.5 feet as proposed,or 82 feet as amended by the Applicant,and less than the code required 100 foot setback from the top of bluff, for the proposed new construction, will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A permit issued in 2009,#7139,by the Town Trustees for construction on the property included a 100 feet setback from the top of the bluff. The Applicant did not submit any substantive information to demonstrate a compelling reason why the new proposed construction on this particular site could not meet the 100 feet setback as required by Code. 2. Town Law 6267-bQ(b)(2). The benefit sought by the applicant for attic space with a fixed stairway, rather than pull down stairs, creates a space with a building height exceeding 2 /12 stories allowed by Code, and this cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The benefit sought by the Applicant for the construction of a new building on this site can be achieved by some method, feasible for the applicant to pursue, other than the granting of an area variance for lot cone ge and another ctc�_I u�C variance for the setback from the bluff. The Applicant did not effectively demonstrate that it was not feasible tgj��5 construct a new building on the site without the granting of these variances. The Applicant di ,rloitrd�tge any ((�� IVV 1144 Page 3 of 4—October 17,2013 ZBAN6680—FordhAm House,LLC SCPM#1000-21-5-11 mitigating factors, or show why a building could not be constructed on the site without the grant of the requested variances. 3. Town Law 6267-b(3)(b)(3). The variance granted herein for a fixed stairway and attic at a height exceeding the Code allowed 2 '/2 stories is mathematically.substantial, representing 100% relief from the code. However,the attic space will be for the purpose of storage, only and will not contain any habitable space. The variance as requested herein for total lot coverage of 22.4%, exceeding Code allowed 20%, although not mathematically substantial, would be substantial in a residential neighborhood where there have been no other similar variances granted, and where there are approximately 20 vacant, buildable parcels. The variance as requested herein for construction of a new building with a non-conforming setback from the bluff would be substantial in a neighborhood where the adjacent neighbors have, or did have before Code required such a setback, conforming setbacks when those buildings were constructed. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance granted for a building height exceeding the 2%2 stories allowed by Code, and subject to the conditions as stated by the Board,will have an adverse impact on the physical or environmental conditions in the neighborhood. Evidence has been submitted to suggest that a variance granted for lot coverage exceeding Code allowed 20%, and for a variance granted for a setback from the bluff of less than the Code required 100 feet, in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Information was entered into the variance application from various sources including the Board of Southold Town Trustees, the LWRP Coordinator, and the Office of the Engineer, Town of Southold, that indicate that the granting of a bluff setback variance for such proposed new construction would actually produce an undesirable change in the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 5267-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 for an attic height exceeding the Code allowed 2 '/2 stories is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a fixed stairway access to a third story attic, 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 Horning, seconded by Member Schneider, and duly carried,to GRANT the variance for a third story attic,as applied for,and / DENY the variance for lot coverage exceeding Code allowed 20%,as applied for,and DENY the variance for a non-conforming setback from the bluff as applied for, ���and as shown on the on the survey drawn by Kenneth M. Woychuk Land Surveying,PLLC, last revised on 10/2/2013. Subject to the following conditions: ECEI\l >~ CONDITIONS: 1. The Yd floor attic will be utilized only for storage. 1AN e 2. The Yd floor attic will have no door or other access to a decorative outdoor balcony, 3. The 3fd floor attic will comply will all local and state fire codes. = L� 4. The Yd floor attic will not contain any habitable space. ::,,OAR[) 0' That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Page 4 of 4—October 17,2013 ZBA#6680—Fordham Hause,LLC SCTM#1000-21-5-11 Before applying for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final survey conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Dantes. (Absent was.- Member Goehringer) This Resolution was duly adopted(4-0). Leslie Kanes Weisman,Chairperson Approved for filing `p /2013 RECEIVED JAN 13 2014 BOARD OF APPEALS DECLARATION OF COVENANTS -ri THIS DECLARATION made this day of 0602G� 2009, by Haven Ave. , Realty Corp. , having a business address at 11 Penn Plaza, 20th Floor, New York, NY 10001, hereinafter referred to as "DECLARANT" : W I T N E S S E T H WHEREAS, DECLARANT is the owner of certain real property located on The Long Way, East Marion, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 2i, Block 05, Lot 11 and filed in the office of the Clerk of the County of Suffolk on June 11, 1975 as part of Map No. 6266, being more particularly bounded and described as set forth in Schedule "A" annexed hereto, hereinafter referred to as the Property; WHEREAS, the Property is situated on lands within the jurisdiction of the Board of Trustees of the Town of Southold (hereinafter the "Trustees") pursuant to Chapter 275 of the Town Code of the Town of Southold or its successor, and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior to being conducted; WHEREAS, the DECLARANTS therefore made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities; and WHEREAS, as a condition of the granting of a Wetlands Permit to undertake such regulated activities, the Trustees required that a fifty- foot wide "nondisturbance buffer" be established adjacent to and landward of the crest of bluff, NOW, THEREFORE, the DECLARANT does hereby covenant and agree as RECEIV-- JAN 13 2014 BOAR® OF APPEALS 1) There shall be maintained adjacent to and landward of the crest of bluff a fifty-foot wide "nondisturbance buffer" as defined by Chapter 275 of the Town Code; and 2) This requirement may only be modified by the DECLARANT, . his heirs, assigns, purchasers, or successors in interest upon resolution of the Trustees. ICI WITNESS WHEREOF, the owner has duly executed this instrument this day of �;'(, j 2009. harles Rizzo, Managing Member STATE OF ss: COUNTY OF rla�p K, On the day of in the year 2009, before me the undersigned, a Notary Public in and for said State, personally appeared Charles Rizzo, personally known to me or proved to me on the basis of satisfactory evidence to be the Managing Member of the business whose name is iubsc_ribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the persons on behalf of which the individual acted, executed he instrument. '� �annaroo-$000�t►,�ow.. Notary Public "No.01 RECEIVED 'JAN 13 2014 B01iV\v LI1^ P4.1 i' LALJ INFORMATION IN REGARD TO'APPROVED SUBDIVISION r Name of subdivision' � e ePr SCTM# 10007 a 1 - 5.- ti-z a� , 30- - ��- ►z� Subdivision approved by Planning Board on Subdivision filed in Suffolk County Clerk's Office Zone at time of approv//allam^, Current zone 7v Date zone verified Clustered subdivision: Yes _ No Covenants and Restrictions filed for subdivision: Yes No (see below/attached for details) Building envelopes shown for individual lots: Yes No- If No, set-backs for all lots within subdivision: Front Rear Side yard 7, � 25 . 5 fi��r. 1 17,5 -�2 bt�. •,• . 'C loo' s-aloactZ S"44". Comments:�3�g7 ,�IaCrNc sefb �-K r�ev�l J 61. C lr,, qX mR/> �/r,�°c �I sl.�' i ✓ 5�(- Dc��(s W. re co ds Ve�r�W �D+ (Qvoa3� W 1►� ���Q �lov�-� • JAN � 32�14 . RD ®. 902rd of.Zoining Appeals-A plieatlon A.UTHORMATION (Why the Applicant is not the Owner) residing at. t, 0P int prOPertY owner's name (Mailing Address) do hereby authorize �,' i '�! is C-t (Agent) n.1C to apply for varianee(s) on my behalf from the Southold Zoning Board of Appeals. (owner's Signature) N -, Rzs U� La-� (Print Owner's Name) JAN 3 2014 .t S car-,)c—"r f/L-tO C'K-1.( d— "T�Po 1 SS Le S A 1—O 0 6 'T <�i S l 2Yt-rJ S t YJ P( L'Yt Ci C�G74 IZ Y� L�l Ctti) A S ACL:Kf l �/c.c[�►o Ins 7'}y�s L�/L l c f "bpi[= SLv��c-r, „ �0�.�70� Ay,3 o C cra l b)o /q La�.S�J S�n�`u� prwro�w�L,t �x r�rvaS �v nay- cx- ,ou J"x""`f Vc L,) , s (-Ao RECEIVED JAN 13 2014 BOARD OF APPEALS Floc-io 4,% 1.16ta,sc— [..L c- x pG 00 j VjOTL) S FAou)s ck-) s i(l.�6,) i ,/ �P�o R.o vcap As APP"-l�r p /nJ % O r-1i-1C� NC:7C.N BO(L S -140us(--r- To 7144zr U A�O/b RECEIVED JAN 13 2014 BOARD OF APPEALS *1'I��a .. _. s - l e'ji�r J�c�' d.�..t �t fRp• ,5��� y ! -� 1 • 1 k q �R':: .' � � �.-� __. —1. S �- yr" jj tig ..�7^ ♦T 9 e >ti. » �s i.f! :(Li�B'l` �— _' R � I � M � w a b ` 1P OF 157WI, 6 „K :o '"�. Paocx 7y L o o 94-1 ! 0A-TW -- tA-j-i&;Ytf i I-f0 Flbi.J /JATUx,.,aZ— (9,1L�/Jcrs dQ }A,�vc.-rrwj�—. RECEIVED JAN 13 2014 BOARD OF APPEALS ti r • • RECEIVED BOARD OF APPEALS �.^ `�..�- � /, ` _ ray� ,� - � ���- ~ � •:1".:. . t is •�` � A �� • .p'4_ '�` 1 �i fa' f'' �� x�j `�r /'/ pia. • r or RECEIVED • � / 1 2014 BOARD OF APPEALS • w TOWN OF SOUTHOLD PROPERTY RECORD CARD AA VILLAGE DIST SUB LOT E STREET �a 0 r a r t Afa 1-114 pe zA le ,o e a FARMER OWNER, �����o s Lo N E 0 A 7 -I ' �! W TYPE O S F BUILDING JJ RES. SEAS. VL.. �L FARM COMM. C.B. MICS. Mkt. Value ►riND IMP. TOTAL DATE REMARKS 6``f' 31 ddd Q' 93 Ra a/ l.�e Z D )- 3 d , 1 t a? n t Sc�LD 0,' I.i� 7� l Vv , JW.,: 5b l WM q�,6w.` l�C r1 0 QIZ-Zl -754 �0 Z—L— 2 .O6 _ ION -- ��� Ti I Iabie FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total o�Og�FFO(,��o ELIZABETH A.NEVILLE,MMC h� Gy Town Hall,53095 Main Road TOWN CLERK o= P.O.Box 1179 y Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p Fax(631)765-6145 MARRIAGE OFFICER y 0 Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �0.( `1►a www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: January 15, 2014 RE: Zoning Appeal No. 6725 Transmitted herewith is Zoning Appeals No. 6725 of Stacey Bishop for Fordham House LLC - 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,Nine Pages of Declaration for Pebble Beach Realty, Inc., Four Pages of Findings &Determination ZBA 6680 Dated October 17, 2013, Three Pages of Declaration of Covenants Dated October 14, 2009, Authorization Letter from Denis A. Bouboulis to E. End Construction Svcs to Represent Them in this Matter, Six Pages of Photos of Property, Copy of Property Card,Notice of Disapproval from Building Department Dated January 9, 2014, Five Pages of Plans Showing Floor Plans&Elevations Dated May 9, 2013 Prepared by Icon Legacy, Survey Showing Proposed Construction Dated December 28, 2013 Prepared by Kenneth W. Woychuk-Land Surveyor. * * * RECEIPT * * * Date: 01/15/14 Receipt#: 161072 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6725 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#1505 $500.00 E., End Construction Svc Name: E., End Construction Svc 150 Waterview Drive Southold, NY 11971 Clerk ID: CAROLH Internal ID:6725 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 1 /14/14 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6725 Fordham House LLC 1505 $500.00 JAN 1 5 2014 Southold Town Clerk $500.00 By_lc_ Thank you. I checked the newer survey and found surveyor Ken Wychuk did indeed omit the verbiage "non disturbance" for the Buffer. I have emailed him and asked if he can make additional copies inclusive of this designation for the Board in time for the Hearing. If for some reason he cannot, please note for the file that the 50' buffer will remain a "non disturbance buffer" as deeded and previously stipulated to at the prior Hearing. Additionally, measures are already in place to have the Buffer zone flagged and protected via silt fence and hay bales in accordance with erosion control protocols and to ensure there will be no encroachment into the protected buffer zone during construction. After construction is completed, measures are already in place for Planters Paradise Inc. to replenish any indigenous vegetation that may have been compromised previously by erosion or animal paths to further secure that non disturbance zone and protect the integrity and natural beauty of the area. Thanks again and have a great weekend! Stacey o 0 O 4J'0.1^,id6 > —a o 12OL yaw C < u as LU Z 0 �g LLa H --� O o Y ___________________________________� N____________________________________ m Z Z 0 II II II II 11 I li II II II II II II II it II RPtt1 aLS4 ,4 144R T •R2f IVtl1 Z W aiJ 10Itlntlliltll0l Into I I I I I Ipll Itlltl I ;Y11 I1tl1 YII OtlBI YI � � � �—' I Initltltltlltll pl 10Itl IItl ;pt' i"ptl tllp I FRONT ELEVA710N M M 17 12 II 11 E O II II ydy N Or RO O ,7 oRRPoS 4P N H I tllntlltltlpnitltlltlltlltl pl I pltlpltltltltlltlnitlltlltl pl dddBY.nRA9ddd66 � 11; O II it II II II g � I O I ❑ ❑ ® I O O GZ 5N CtrD II II II II dd 44 , R 44 I 8P 9, R 8P 011 tl now Itltl a Intl) I tll B II Itl 4tlB 01 pll 1v 0 tltlw Itltl ® ® � I 1 tltltl IUI I Q Q W O I I I I I I CO 0 '� " H 0 zco 0 u O N I I I RF1�Fi RFYATION �6'a®1 way S#????/0#4500 a ZA Q oN Ni0 p�r2 a�FzXU 12 9 y Fr >' U - N Q Tg 1�,Jlllll El o IH u °uioii ntl� —) ce o nlnl nlnl _aaaacn� � r z z o fg Y Y U II I CD lI...I4 I ® • I I I N W d p_I I I I W > > RIGHT SIDE ELEVATION r � d' a 8 r II � OF II N _ O ' II101tl0tl1 117 I Il llltl°11 I n°°In°n1 8 gg 3 ® IFJII kr o ------- --------- II 999� I�G010q°1 11111tltl 01 AC-40 I LJLJ FaWIHE/A1FN LUT iSIDE ELEVAn 7�???/o#45oo 2B 58'-7M' 2'-7K' I6'-4' 21'-8- IJ'-8' 5'-11' 2'-6' aAa ana ro :su 5'-7" B'-4' 4'-5- 4'-0• nn A11 i L��_ � i T o M-%tE ne --13'_I" W1c, • BA7db � l , . O m-9R VAYI%S O i wl � •, � IC7CUIYS%ow LVL v,Aw oom lOW1V%'i.W LYL 6Wd� I U,i KiFA fNO A m e r � � _A F �I . FIREPLACE9TE BY ON OVER..O1RFA.P.O.O.0.ONLY. 9 ^ 5 ' BUILDER Y05T PRON0Eqx r - ° 3ro �/ Lmw%oVeLYLVAw® �/ �p A.— FOYER m , _ 1 / GREAT ROOM 2 — ryPPoPi PJS YA1 r 1 � i IOxlf%0 Nl]t CAIA%A11QL4 WAb1Vrx.VVLVLMA WO 0."vr xiw Ll6w".= Mxiu�tML P1C71W xOVf LYL p,lO1® p%p VP%.VI LVB @lO1�O 12'-5' I8'8' 6'-4° " F I I 2'-2• 4'-0' 2'-8" 4'-0" 2'-2• a F L`� au ❑�❑�❑� an �! aro DMQ R006A 10 i ) c1� FAMLY ROOM I a: rmr YAV ec 17'- O `'•% 0iC1%aD IF1FN waunmrs tmlY Vr%.w LVL(old 0"wVrx.w LYL@A0 • plmlVf%.Vr LYL¢Aa�el o9w %.Vr L11L wdwm� 4r-4• EL&THZ 5 .p j< 9 EAKFMr av Ym m �r �n m4 .- .� "• o - O. , mn o o mm a n%n 7gYM18 J ' i 1 un-x .un-: xvs ssn ro 2- 4'-8• 11-4• 48'-S ) zcn-2 2'-0' 6'-8' 2'-0• IB'-515° 10'-8' 24-fiY:' 4'-0' 51'-8' 60,-0, 4!-0' 56,-0, 3'-7' 10'-4' ---------7'-:07 10'-7" —-—--- Do I I I F-)T I n. SCH 46 MTH 2O /1 3'-%- V-71,- V-5- gj]< wic AY CELING ------ kf, j-J, BEDROOM#5 CERING ............... OT-..-------------- 0 ARCHED NOR FIREPLACE ON SITE OTHER 1 I t IL------- II 11 IL--__ ----------0 2 Lae.m Lam m cu- ---------- 3/0 0 W� OE O�M M ---------- '�AY'CMNG 0 rn ARMED HE um" ----------- C=D rr, ------------ Ing F BEDROM 04 TRAY CMING i . m LAYOUT T.B.D. ----------- 4� tl 7' w1a wla 7 7 BROOM6--5- -r573--l' BAM RATH L. Fp�Ai 21-11 38'-0' —--—--—--—--—--—-- —--—--—--—--—--—--—--—-- ------- ------------------------------------------------------/7- NOT TO BE MADE INTO HABITABLE SPACE 7 -—--—--—--—--— SOFT.of ROOM %ili.UGHT RER.41.64 VENT REQ 16'50 VENTPROVD ADDI UGHT VENTWU BE REQ'0. ---/------------------------------ -----------------------\ rn C=) rn -Pp —--—--—--—-- �j; —--—--—--—-- S.C.T.M. NO. DISTRICT. 1000 SECTION: 21 BLOCK: 5 LOT(S): 11 i. to /* V/ V JAN 3 Z014 t3C)PIRD of APPEPLS i. AVERAGE LINE OF BLUFF AS SHOWN ON RILED MAP CO 10W WOOD DECK 100' SETBACK EL 50.4 SETBACK LINE AS SHOWN ON RILED MAP /36/ /48 38 44 6/j MON. 42 AS WOOD c)0EC0K01 50.0.. ............. CREST OF BLUFF AS DELINEATED I i i 1 I I 50 0 BY EN—CONSULTANTS INC. ............. DEC 2008 ......... (AS SHOWN ON N PREVIOUS SURVEY) ............ t2l 30� \ AREA MAINTAINED Cq jm\ BY OTHERS. WAS I I LOT 141 AOTk14O rr% 00 <4 0) 10) 51.6 2 STY. DWELLING OPEN SPACE "E" AS SHOWN ON FILED MAP 8)NA.8- 6&' 2ND BALGpNY \k DEC 2.1 SAM (Abo; i16 I I i �48.0 I(AtA STAKES & FLAGGING SET SEPT. 30, 2013 0 0 Qit 07 TO SHOW APPROXIMATE LOCATIONS 0 C-4 0. 0 OF PROPOSED STRUCTURES 0 0 AND BOUNDARIES. A (A 0 56— 0 PROPOSED TIMBER WALLS (4 U) 0i I em mopollr).( C' ;7 1 2 0ao 0 k TW<48.0) z BW(44.0> rn i.0) UNDER z 7.6' UNDER 1 37- 52 TOP SOIL 0.3' k B'DAXS'D Ep 0 S.7- a 50 2" RAIN FALL EVENT DRAINAGE CALCULATIONS: DRY\ 6 \ c 48 CLAY cA(A 0?, 46 A)DWELLING FOOTPRINT WICOVERED PORCHES=3,845 SQ.FT. 3,845 x 0.166=653.65 < 654cf REQUIRED & PROPOSED 5 BEDROOM SANDY SANITARY SYSTEM S .5 (2) 8'DIA x 8 DEEP DRYWELL=706cf PROVIDED 1,500 GAL. SEPTIC TANK LOAM 8'01A x 16' DEEP LEACHING POOL 0 7. .......... 36 44 LANCL 15' CL 41.0 SAND & GRAVEL '5 REVISED FOOTPRINT & LOCATION 12-28-13 TEST HOLE J7 REVISED TO 40' SETBACK 10-09-13 AS SHOWN ON FILED MAP i REVISED 10-02-13 REVISED 09-03-13 REVISED HOUSE/LOCATION 05-25-13 REVISE SURVEY 05-14-13 THE WATER SUPPLY, WELLS AND CESSPOOL LOCA77ONS SHOWN ARE FROM FIELD 06SERVA77ONS 0 AND OR DATA OBTAINED FROM OTHERS. LOT AREA UPLAND OF TOP OF BLUFF: 16,245 S.F. AREA: 33,005.98 SQ.FT. or 0.76 ACRES ELEVA77ON DATUM. U.S.C.G. LOT AREA UPLAND OF COASTAL EROSION HAZARD LINE: 14,820 S.F. UNAUTHORIZED AL TERA 77ON OR ADDITION 710 THIS SURVEY IS A WOLA 77ON OF SEC77ON 7209 OF THE NEW YORK STATE EDUCA T70N LAW. COPIES OF TVIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY GUARANTEES INDICATED HEREON SHALL RUN 14,820 S.F. X 20% = 2,964 S.F. ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE 77TLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITU77ON LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITUTION, GUARANTEES ARE NOT TRANSFERABLE. PROPOSED DWELLING FOOTPRINT 2,960 S.F THE OFFSETS OR DIMENSIONS SHOWN HEREON FROM 7HE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE W/FRONT & REAR DECKS: 3,845 S.F. NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADD177ONAL S7RUC7Z)RES OR AND OTHER IMPROVEMENTS EASEMENTS AND/OR, SUBSURFACE SrRUCfURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT 7HE 77ME OF SURVEY SURVEY OF: LOT 140 CERTIFIED TO: MODULAR HOMES; 00, MAP OF: PEBBLE BEACH FARMS FILED:DUNE 11, 1975 No.6266 THE STRAND SITUATED AT. EAST MARION TOWN OF: SOUTHOLD KENNETH-M WOYCHUX LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK f Professional Land Surveying and Design P.O. Box 153 Aquebogue, New York 11931 4 PHONE (631)298-1588 FAX (631) 298-1588 FILE # 12-154 SCALE: 1"--30' DATA: DEC, 12, 2012 # N. Y. S. LIC NO. 50227 Imaintaining the records of Robert J. Hennessy & Kenneth N. Woy--huk March 13,2014 To: Southold Town Zoning Board of Appeals RECEIVED) From: Stacey Bishop,East End Construction Services,Inc MAR 13 2914 RE: Fordham House LLC, 5205 The Long Way,East Marion BOARD OF APPEALS Supplemental to March 6, 2014 Hearing.... Dear Board Members, First,I'd like to address the discrepancy in the lot coverage between this Hearing and the prior one. The first Letter of Disapproval from the Building Department determined the lot coverage to be 22.4%, with relief sought at 2.4%. While reviewing,we noted this was clearly a mathematically error. It appears that Disapproval only considered the foundation footprint and did not include the front porch and proposed rear deck. Both were shown on the survey. The second Letter of Disapproval did include the porch and deck,which is why the sought after relief appeared higher than previously sought,even though the proposed project had been reduced in size. I bring this to the Boards attention to illustrate there was no attempt by our client to disrespect the Board. The client had reduced the lot coverage subsequent to the prior Hearing, and it seems a mathematical error is the reason for the perceived increase in area relief sought between the Building Departments prior Letter of Approval and this one. That being said,in a good faith effort to work with the Board, our client has now agreed to omit the rear deck altogether in favor of at grade paving stones. This means the reduced footprint of the proposed house and front porch totals 3254 sq ft,just under 22%. However,I need to address the balconies. I believe the lot coverage code takes into consideration"covered"areas, such as covered porches or decks,and the balconies on the 2"d floor would technically cover a small area of the at grade patio area, creating a possible unintentional conflict with this code. As shown on the attached 2"d floor plan,Bedrooms#2 and#3 have balconies. Each balcony is the width of the bedroom and is 5' deep,coming forward to be even with the Great Room.Neither balcony extends beyond the Great Room as the intent was to create a flush, symmetrical look. 1 *G-7A The attached 1"floor plan shows how the columns for those balconies would be positioned outside Bedroom#1 and the Family Room. It also illustrates in the patio space covered by the 2"d floor balcony outside of the 1" floor Family Room there are two outward swinging double French Doors which essentially encompass that space. The covered area here is only 78.75 sq. ft. The patio space covered by the 2"d floor balcony outside of the 1st floor master bedroom (Bedroom#1)includes a 19 sq ft bump-out to the master bedroom and space for egress. The covered area here is only 59.75 sq.ft. In each case,the intent was not to circumvent the code,but rather to have 2"d floor water facing balconies. The total square footage of at grade patio"covered"by both balconies is 212.75 sq. ft. This would bring the total"lot coverage"to 3467 sq ft, or 23.4%. At the last Hearing there was approval for a decorative balcony for the attic space,though I'm not sure it would be impacted by the code. The attached attic plan shows the dormer with fixed,inoperable windows as approved by the Board. The 1st floor plan shows how those columns would lay out. If attic level overhang is considered"coverage",the square footage becomes 3517,or just under 24%. Recap: House and Front Porch...just under 22% Plus patio space"covered"by 2"d floor balconies...23.4% Plus attic decorative balcony...just under 24% Our client had hoped to appease the Board by omitting the proposed rear deck in its entirety in favor of an at-grade patio and move forward,but unfortunately the proposed deck masked the issue of"covered"spaces. It is hoped that the Board will recognize the cooperation of the client and the unintentional issue raised, and allow the project to proceed, especially in light of the fact there has been no opposition from the Homeowners Association or from neighbors. I'd like to thank the board in advance for its time and consideration in this matter. Regards, 7 Sty ey B,shop 2 ��a5 ILI l4'-5� 1n7, 1�1, , WS1 i 1 w1c i { �Uoia _ 11 11 1 1 1 1 sJ �O I 1 1p 1 1 C) w�Vl� mmHoom �� � (g6pYax0Y*wL�o,(eoD ���przD��r-� r�-� � o-�anvrxr,vs�vLa=Aa(eoe S`6 Gt 1 l S� bf- (SUm�ltlat) N O rG S 7, t FlREPLACE ON SIIE 1 't BY 07HEIL R.O. N BUILDER MUST PRONBE R.O. zi 4. 19•-7" 4•- i�►i ;ALCOIJ� 1 1 r L o _ o� LOPENm 1.0� GFEAT ROOM ! CoV:a2-s G�n� L',1�(� �la 1O o-70mVsxoY�u,L 1 6-2" 4-0' 2'-8' 4'-0' S-4, 1 ---------- - — " --�ROm- - ---gym---- STEP D015N-- S7EP DOWN -----__—_-- ac n , • N O �f_ I �US i!1 OIL IrJC� o�U �- 1 1 n f I (f o Lo o,"1 FAML$ �Y�-o r� rS(� „ Roan« IULY ROOM t PU6i MUSE A&OLD(' 3L0 l�l✓l t cgroxvrx®v�(w a>~o(c�a ;X�/ - a vrxoveurLoxwl�el 8� �--75 N NOOK � _ Lm1-z 11111-z mow, . 37'-Cr 1971 .71 2315 / t L-ooll. 14. 18mH 7 6h• N 1 p�}�p/���y� BEDROOM 7D i 2/6 1 1 N � 11 j S(jFd SPM Wu Be Col M SM IM MM 6 CMM DBL 2/0 N 3-7 I i II I l\ � � 1 a m AY CERING ?ML jo ARCHED HDRRREPLACE ON SITEBY OTHERi V ■ Q ■ 1 I SPIVH.�BF OD!GIRD■FEIi'IIa1S OE96N 6 CCiP1E7E O 1 1 o \ 1 ■ I 0 m Ep tt ■ I 1 `CFfl!10 � 1 .C C1 BELQII ■ 1 .nl � ■ 1 ■ 1 ■ 1 ■ 1 1 f 1 S 1 1 i af. 1 :n SPAN®L BE CUM 1■11111 M UM 6 WIFL E O i m ■ i c ■ 1 / ■ 1 _ ■ 1 ■ 'n 79•-a� 3 � � 81 1 � C 1 ■ 1 ARCHED MDR ,� Ouu■■■■■■■■. ... 11 i m ,�m��� 1 1 1 s IJ N m j YGLInD j I I —_-_ 1 1 1 1 1 1 1 1 I I D3L 2/0 - ---" N ----- . SPA.®L BE CDEM ON IMILM DESM IS VLpIj.IL 1 1 - 1 1 N j 73-meDo -, N I r 2 I 4'-2- I. 10'-1a' DPI � g m o I� O4�aa Mm 1] ooz U)All •o O ' O Y O O O Z z o a z a (}�2C l'� td 1 K ------------ I I I I I I 1 I I I 1 1 I I � C.l FRONT ELEVAibN a � �.1 � ?i I) �7 77 1 I I i U O 1 i O I 0 6 1 0 II 11 O IRA REAR ELEVATION FRORM EyA,pH FS#????/0#4500 2A1 41'-2° �( ------------------------------------------- V �. NOT TO BE MADE INTO HABITABLE o , -- ------ -------------------- ---- N m �,`' ` e' rrv0c< �• . era :1Ls t - C"y. t3 �LLv' ice. a 1 j ~ � �,: EPIC• ,.. �' � j P P ,�„ i ® 1 �� � 4. SURVEY) i In. i I��� i I xZ Uti 1 ,3 iFS1 1 rMft 4 \ i /ARE \\ l F�� t 1 1 BY BW<350) `OT 1140 T\ y1 n n \ T (50 0 �Wi \ r W i 34 - a . . '1 y I ► y \\ 2-6'E 51.6 DWEI < N SPACE "E" 30WN ON FILED MAP \� \ \ \ j3 \ 2. b W rn ,-/ -',r' / 09� D CK I "oDo 3 , y As 4-0 i Ir 1 (A 4 � 56 o 1 PROPO� 1 0 i FP�# (;ARAGdGAR = y GE 40.0) U1001 7.5 T, D I yam' y 7.6' UNDER i 37.0 • ct y \ spDRlA)\x s wig rn ww PROPOSED 5 BEDROOM v \ \ \ ? cn rn SANITARY SYSTEM 1,500 GAL, SEPTIC TANK z . -\4 WDIA x 16' DEEP LEACHING POOL � Q ' 1 \ o- s�7 67. 9 y o� . t Y�Nrt . 36 VVVJ NG � A ' i CL 41.0 F ye !v :( o oatoY.nZFisAouzAlWC.7 .r CLk7 MD-1Al1A OX VA 3tM) ---��-- - r - N00d i-lyir= O�5 i cow 7 , ►.� r1!!00 d31s RMO0 d31s _ _ c S �C C I lar-u( zO wc0� - .L+d3tiJ MOO-: 1. � f r ')1?O�IOHd i5tl{7 lJ30UAB � � 3� ATIV) 'OT'83N1O AU i 3113 NO U! CULN- OI if,MOUG313 a Gi'P.]Ip1FJ"iA19A ox.eA,,rt•D !o F ... a t BOARD MEMBERS ��F SOUTH, Southold Town Hall Leslie Kanes Weisman,Chairperson �0� O0 53095 Main Road-P.O.Box 1179 Eric Dantes Southold,NY 11971-0959 Office Location: Gerard P.Goehringer G • Q Town Annex/First Floor,Capital One Bank George Horning 'p ^��� 54375 Main Road(at Youngs Avenue) Kenneth Schneider OWN, Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 6, 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, MARCH 6, 2014: 10:10 A.M. - FORDHAM HOUSE, LLC #6725 - Request for Variance from Article IV Code Section 280-18 based on an application for building permit and the Building Inspector's January 9, 2014, amended January 16, 2014 Notice of Disapproval concerning a permit to construct a new single family dwelling, at; 1) lot coverage more than the code permitted 20%, located at: 5205 The Long Way (adj. to Long Island Sound) East Marion, NY. SCTM#1000-21-5-11 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.nv.us Dated: February 10, 2014 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53096 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 N u- T1 E CJF HEARIN -w� " ie following application will be heard by the Southold Town E oard of Appeals at Town Hall , 53095 Main Road , Southold: AAME FORDHAM HOUSE LLC #6725 KIAP # 27 . -5- 1 7 ARIANCE LOT COVERAGE VEQUEST CONSTRUCT NEW DWELLING DATE : THURS MARCH 6, 2014 1 0 : 1 0 AM If you are interested in this project, you may review the file(s) prior to the hearing duringnormal business days between 8 AM and 3 PM . Z :) NING BOARD -TOWN OF SOUTHOLD 765 =1809 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: btgp://southtown.northfork.net February 10, 2014 Re: Town Code Chapter 55 -Public Notices for Thursday, March 6, 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 February 17th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us as soon as possible; AND not later than February 24th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later February 26t": Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before March 4, 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. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOU`T'HOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of MAILINGS (Name of Applicants) SCTM Parcel# 1000= COUNTY OF SUFFOLK STATE OF NEW YORK I, Ac�1� � �sc�c�� residing at /�U W�e- w;o,J oc New York, being duly sworn,deposes and says that: On the day of 1-�E'��uA2c� , 20 '1�1 personally mailed at the United States Post.Office in �1 ie�e.r� 1 , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the 00�-Assessors, County Real Property Office for every property which abuts and is across a public or private street, or vehicular tight-of-way of record, surrounding the-applicant's property. zf 7BUNCH e) Sworn td before me this day of 0\,0\A �' 20 �CONNIE Nota Public,State of New York (Notary Public) No.01 BU618W50 Qualified in Suffolk County Commission Expires April 14,2-9-1 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ■• CER11F.1Eb MAIL, e ■ r ® mAlLm r ■ (DoMeStiCMgjI'OnIy;No Insurance Coyera-qeProvided) Iomestic Mail I No Insurance Coverp9er•r . Ln #-# °3 '� . Aii r x no EAOi !Y;11-4J &� F',.n ,� CIDrq � Postage $ $1.19 091 rD Postage $ $1.19 0971 N Y lam- Certified Fee $3■30 Certified Fee $3.30 02 N iv r a Post � 7 � Return Receipt Fee /.- rr�� s. i O Return Receipt Fee $2.70 Q Here �� C3 (Endorsement Required) $2.70 teat p (Endorsement Required) .Z` 1 b. C3 /.. 1� Restricted Delivery Fee Restricted Delivery Fee Z 0 O C3 (Endorsement Req (Endorsement Required) $0.00 Q uired) $0.00 ® ��® ru ru cD Total Postage&Fees $ $7.19 ca Total Postage&Fees $ $7.19 0 014 o U C3 Sent To �� Sent To `� Ir L °- /NAND! P��- -- � . ..._._.. - - --- `'.' .. rJ ---------------------•---•----------... ••---• .. S� ----------- ^_ � UN;H-A;Yt. �,C/(p H�--.,-..-----•----------..-....-^•--'----`-- � Street,Apt.No.; � Street,Apt.No.; � or PO Box No. or PO Box No. LG_ - '--- •-- --- Ciry""sure:ziP+a �.r! -I 1°13 City State,ZIP+4 (0 J-m (J (J(j� J PS :0 00. See Reverse for In iruct'bris postal RECEIPTCERTIFIEDIVIAILTM rn (DomesticOnly, ao mix E CIDEAOT O �tY1lJ,00 d A '�� r Postage $ $1.19 097 co 'N 1 9 71 Certified Fee $3.30 NO% rq Postrt C3 Return Receipt Fee $2.?0 ® Hqe p (Endorsement Required) Restricted Delivery Fee $0.00 L3 C3 (Endorsement Required) tt`� �C ru $7.19 02 O co Total Postage&Fees $ O Sent Tof Q" 1441--A SSiovos ........ o -------------- ---------•-•---- � Street,Apt.No.; or PO Box No. S I/D -7—lh-r- A)6 &M......................... • --------------•--• ---• 9 3 City State,ZIP+4 rj �y // Mg2-re SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. signat e item 4 if Restricted Delivery is desired. El Agent i X ❑Addressee ■ Print your name and address on the reverse ; so that we can return the card to you. g�ceived by(Printed Name) C. Dat qof D ivery ■ Attach this card to the back of the mailpiece, r t All_ v � Z! or on the front if space permits. D. Is delivery address different from item 1? Y f 1. Article Addressed to: If YES,enter delivery address below: ❑ o Cfi�v�-`f s� L-1 JA ry o s j. 3, Service Type t)`� r $?�� ❑❑Cetfi�Mail ed O�rn Mail for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes':.: 2. ArticleNumbei ;7009 biB2b b001 781181 48617 (Transfer Domestic Return Receipt' PS Form 3811,February 2004' ;;102„59502`-M-'i 6 0 EAST END CONSTRUCTION SERVICES, INC. 150 WATERVIEW DR, SOUTHOLD, NY 11971 631-905-4382 ZBA Mailings (#6725)—Hearing date March 6, 2014 , - Fordham House LLC 5202 The Long Way, East Marion, NY 11939 Certified Mailing # SCTM # Name & Address 7009 0820 0001 7818 4843 21-5-17 Michael Thalassinos, 5040 The Long Way, East Marion 7009 0820 0001 7818 4850 21-5-10 Pebble Beach Farms Lot Owners Association PO Box 387, East Marion, NY 11939 7009 0820 0001 7818 4867 21-5-12 Chrysa Livanos, 56 Wright's Mill Rd, Armonk, NY 10504 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTfON ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X �Q ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B, eceived b Pit a ) C. Date of Delivery ■ Attach this card to the back of the mailpiece, ���rbk t l/� or on the front if space permits. ��'"` D. Is delivery address different from item 17 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No i ASSou'q Tn6') i 3. Service Type Q0 d� 3 R1 ❑Certified Mail ❑Express Mail LAST yYl A/Lt0,-) (�S�( 1 a 39 El Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes r 2. Article Numbe I 7 0'0 94. 1076. 2.0 0'0 1, 7 8t 811 W8 5 0 (transfer from - PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 S.C.T.M. NO. DISTRICT: 1000 SECTION: 21 BLOCK: 5 LOT(S): 11 01, i. C4 1z 16111P CQ AVERAGE LINE OF BLUFF AS SHOWN ON AILED MAP D D)OECOK 100' SETBACK EL 50.4 SETBACK LINE AS SHOWN E:0 D I)OECOK ON FILLED MAP 36 /48 MOH. 38 i 4/4 A9 42 40 r 5 ......... CREST OF BLUFF AS DELINEATED 0 BY EN—CONSULTANTS INC. DEC 2 2008 1 I 1 IV 1 1 '(z (AS SHOWN ON PREVIOUS SURVEY) a AREA MAINTAINED tt BY OTHERS. ca/* I p LOT 141 6, I I I I LIOT 140\t 0 T\ (500 ( 1 (4 P (4 34, )2.6' 51.6 2 STY. DWELLING OPEN SPACE "E" AS SHOWN ON FILED MAP 8 8;6p ' V Ivads 04"'. 1 2NDO�. E;ALCPNY D DECK 2-1 (A �OD 0 �48.0>0 STAKES FLAGGING SET SEPT. 30, 2013 ICA 0 0 9)-41 TO SHOW APPROXIMATE LOCATIONS 0 OF PROPOSED STRUCTURES Qy 1,0 DD AND BOUNDARIES. L (AO t 56 PROPOSED TIMBER WALLS (A (4 .0) I cl Ln 0 1 -77 /2 STf 0 TW(48.0) CD I BW<44.0) M FFL�'Qtl�,Lou) I . UN j`W(4 '0 GOPAGE f. W(41.0)) z 7.6' ut4oeg 52 TOP SOIL k 0.3' DR?� RAIN FALL EVENT DRAINAGE CALCULATIONS: 8'DkAx6'D EP 0 50 2 _q) \'O S.T. a 48 a)l 46 A)DWELLING FOOTPRINT WICOVERED PORCHES=3,845 SQ.FT. CLAY \!�to & \ 'A -- 3,845 x 0.166=653.65 < 654cf REQUIRED PROPOSED 5 BEDROOM SANDY (2) 8'DIA x 8' DEEP DRYWELL=706cf PROVIDED 100 GAL.SANITARY SYSTEM TANK S6 LOAM 8'DIA x,5 16' DEEPSEPTIC LEACHING POOL 0 , 7. 0 N CL 44, 15' CL .0 REVISED BUFFER DESC. 03-01-14 REVISED FOOTPRINT & LOCATION 12-28-13 TEST HOLE 17 REVISED TO ,40' SETBACK 10-09-13 AS SHOWN ON FILED MAP 1 REVISED 10-02-13 REVISED 09-03-13 REVISED HOUSE/LOCATION 05-25-13 REVISE SURVEY 05-14-13 THE WATER SUPPLY, WELLS AND CESSPOOL 0 L OCA 77ONS SHOWN ARE FROM FIELD OBSER VA 77ONS AND OR DATA OBTAINED FROM OTHERS. LOT AREA UPLAND OF TOP OF BLUFF: 16,245 S.F. AREA: 33,005. 98 SQ.FT. or 0.76 ACRES ELEVATION DA711M. LOT AREA UPLAND OF COASTAL EROSION HAZARD LINE: 14,820 S.F. UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN 14,820 S.F. X 20% = 2,964 S.F. ONLY TO 7HE PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTITURON, GUARANTEES ARE NOT TRANSFERABLE. PROPOSED DWELLING FOOTPRINT 2,960 S.F THE OFFSETS OR VIMENSIONS SHOWN HEREON FROM THE PROPERTY LINES TO THE STRUCTURES ARE FOR A SPECIFIC PURPOSE AND USE THEREFORE THEY ARE W/FRONT & REAR DECKS: 3,845 S.F. NOT INTENDED TO MONUMENT THE PROPERTY LINES OR TO GUIDE THE ERECTION OF FENCES, ADDITIONAL STRUCTURES OR AND 0774ER IMPROVEMENTS, EASEMENTS AND/OR SUBSURFACE SIRUffURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT THE 77ME OF SURVEY SURVEY OF: LOT 1140 CERTIFIED TO: MODULAR HOMES; MAP OF: PEBBLE BEACH FARMS FILED:DUNE 11, 1975 No.6266 THE STRAND SITUATED AT: EAST' MARION TOWN OF: SOUTHOLD ]KENNETH M WOYCHUK LAND SURVEYING, PLLC SUFFOLK COUNTY, NEW YORK Professional Land Surveying and Design P.O. Box 153 Aquebogue, New York 11931 PHONE (631)298-1588 FAX (631) 298-1588 FILE # 12-154 SCALE: 1"=30' DATE: DEC. 12, 2012 N. Y. S. LIC NO. 50227 maintaining the records of Robert J. Hennessy & Kenneth M. Woychuk Office Location: *oE $Q�Tyo Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 • Q Southold,NY 11971-0959 �yCou�m,��' http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 January 15, 2014 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6725 Owner/Applicant: Fordham House LLC Action Requested: Construct deck— lot coverage Within 500 feet of: ( ) State or County Road (X)Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: Encls. BOARD MEMBERS rjF soar Southold Town Hall Leslie Kanes Weisman,Chairperson O�� yam! 53095 Main Road•P.O.Box 1179 O Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning ^��� 54375 Main Road(at Youngs Avenue) Kenneth Schneider l�'Cou Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 March 25, 2014 East End Construction Services,Inc. Attn: Stacey Bishop 150 Waterview Drive Southold,NY 11971 RE: ZBA Application#6725—Fordham House, LLC Dear Ms. Bishop: Transmitted for your records is a copy of the Board's March 20, 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. Page 1 of 1 C, 1�2l 1 =/l co 00 (143) 23 -7 5.5A (142) (3) ls�� 22 2.4A Ali (141 ) (2) 130t 13 '14A 12 1 . 1 A i OPEN SPA 3� "Ell 40 .9A �� o 48 � o �0� � 15 194 � 1 6 nh co �. 17 196 (72) 0 (73) 9 �'' g `�- (74) 1?9 (1�8) 232 �+, 05 2 1$0 (137) 23 8 http://gis.co.suffolk.ny.us/rps/ESRI.ArcGIS.ADF.Web.MimeImage.ashx?ImgID=4107ab7... 1/14/2014 62 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING 466o�e 9,c tkAo,4,- Ado, LC-C- (Name of Applicants) Regarding-Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- 9 COUNTY OF SUFFOLK) STATE OF NEW YORK) - residing.at /Z) cs rwrc:J pz New York, being duly sworn, depose and say that: On the Z` —clay of �,,a , 201 , I personally placed the Town's Official Poster, with the date of hearin 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 vuas shown to be G (S ature) Sworn to before me this Day of YINAA Ch , 201 CONNIE BUNCH Notary Public,State of New York (Notary Public) No.01BU6185050 Qualified in Suffolk anty t commission Expires Aprilto * near the entrance or driveway entrance of my property, as the area most visible to passerby. #11571 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 6th day of March, 2014. r-- 41­ rincipal Clerk Sworn to before me this day of 2014. C IS IN O N KI NOTARY PUBLIC-STATE OF NEW YORK No; 01 V06105050 :1i :a3v..F ,.:k �r mit for relocation of existing accessory ing the code permitted M square-foot code regnit d idd �i 10 barn and stied;at;-1)armory barn and maximum, located at: 2165 Gabriella feet;2)less than the code requiren iear LEGAL NOTICE shed propoad in a Iocation other than GoBit Mattitack,NY SCTM#1000-108- yard setback of-35-fek tklatdtedat 19915 SOUMOLD TOWN ZONING the code regained rear yard,located at:. 4-7.52 :, Main Road faka"State Road 25)(cor- BOARD OF APPEAM 95 Navy Street'(adj.to Willow Street) 1145 A.M.-GEORGE CURLS#6722 ner Stephenson Road'and.Private Road THURSDAY MARCH 6,2014 Orient;NY.SCI'M#1000-26-1-12.2 Request'for Variances from-Article III (Birdseye)Orient;NY S #1�017- PUBLIC HEARINGS. 10.10 A.M..- FORDHAM HOUSE. Code Section 28015.end Article XXII 1-13 ��t�t71 /ne t4 NOTICE IS HEREBY GIVEN,pur- LLC#07-5-Request for Variance from Cod6Section 2�I16A(1)and the Build- - (A j. om 2/5/14PH)Request'for scant to Section 267 of the Town Law Article IV Code Section 280-18 based ing Inspector's December4,2013 Notice Variance from Article III Section 280-15 and Town Code Chapter 280(Zoning), on an application for building permit of-lDisapproval°based on an application and the Btiilding.Inspector's.September Town of'Southold;the f6gowing public and:the Building Inspector's January 9, for building•perimrmt for accessory in- 24,2013 Notibwof Disapproval based on. hearings will be held by the SOUTH: 2014,amended January 16,.2014 Notice ground swimming pool, at; 1)location an application for building permit for an OLD TOWN.ZONING BOARD OF of Disapproval conceming'a permit to other than the code requited rear yard, accessory in-grouad•swimming pool and APPEALS at the Town Hall, 53095 construct a new single family dwelling, 2)less.than the,code fequired 100 foot shed;at,1)proposed location other than MSia Road,T.O. Box 1179, Southold, at;1)lot coverage more than the code setback from top of bluff;located at:3190 the code required rear yard;located at: New York 11971-0959,on THURSDAY permitted 20`Yo, located at: 5205 The North Sea Drive (adj:to Long Island 1700 Cedar Beach Road Southold,NY. HAREEI 6.7A14. Long Way(adj.to Long Island Sound) Sound)Orient;NY.SCTM#1000=15-1-5 SCTM#1000-89-2=4 930 A.M.- ROBERT and MARY East Marion,NY.SCI'M#1000-21-5-11 11:40 A.M. JOSEPH and CYN- 'The-Board of Appeals will hear all ANN AMABILB#6726_•Request for iwo A.M.-L:P mot and'JEN- TmA SCHAFER#6727-Request for persons or their representatives,desir- Variarices from Article IV Code Section NIFER HIGGINS 46730-Request for Variances from Article =1 Section ing to be heard at each hearing;and/or 28048 and Article XXII Code Section Variances from Article XXII Section280- 280-116 and Article XXIII Section 280- desiring to submit written statements 280-116 and the Building Inspector's 122A and Article III Section 280.15F and 124'and the Building Inspector's January before the conclusion of each hearing. October 24,2013,amended November 8, the:Building-Inspector's December 23, 8,2014-Notice of Disapproval based on Each hearing will.not start earlier than 2013,amended January 612014 Notice of 2013 Notice of Disapproval based on an an application for building permit for designated above.Files are available for Disapproval based ori'an application for :application for building permit for addi- partial demolition and reconstruction of review during regular business hours bimr'tding permit for addition:to existing tibns and alterations to'existing non-con- a single family dwelling,at;1)-less than and prior to the day of the hearing.'If single family dwelling(raised patio with forming accessory garage,at;1)proposed the code required bulkhead setback of 75 you have gads'tions;please contact our in-gf6#nd swimming pool), at; 1) less increase in nonconformance,2)less than feet,2)less than the cone required front office at,(631) 765-1809, of by emat than.the code required minimum side the code required side yard setback of 25 yard;setback of 35 feet,located at:1030 Vicki.Toth@Town.Southold.nyus. yard setback of 15 feet,2)less than the feet,located at:410 Jackson Street(adj. West Lake Drive(adjA9 Little Peconic Dated:February 10,2014 code required•100 foot setback from top. to Great Peconic Bay)New Suffolk,NY. Bay)Southold;NY.SCTM#1000-90-2-3 ZONING BOARD OF APPEALS of bluff;located at:1365 Aquaview Av- SCIM#1000-117-10-35 12:00 P.M.-FREDERICK G SCO- LESLIE KANES WEISMAN,CHAIR- enue(adj.to Long Island Sound)East 10:50 A.M.-DENNIS P.and MARY- FIELD.JR.#6728-Request for Varianc- PERSON Marion,NY.SCTM#1000-22-2-1 ANN SCHLESSINGER #6724 - Re- es from Article XXIII'Section 280-124 BY:.VickiToth 950 A.M.-VINCENT BERTAULT quest for Variance from Article III and the Building Inspector's December 54375 Main Road(Office Location) #6729-Request for Variance from Ar- Section 280-ISC and the Building In- 26,2013,amended December 30,2013 53095 Main Road(Mailing/USPS) title III Section 280-15 and the Building spector's December 12,2013 Notice of .Notice of Disapproval based on an lip- P.O.Box 1179 Inspector's October 15,2013,Renewed Disapproval based on an application for plication for building permit to construct Southold,NY 11971.0959 January 24,2014 Notice of Disapproval building permit for an accessory garage, additions and alterations to existing sin- 11571-1T 3/6 •based on an application for building per- at;1)proposed square footage exceed-. gle family dwelling,at;1)less than the Office Location: *OF $Q(��yO Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 Q Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 January 15, 2014 Mark Terry, Principal Planner f j` LWRP Coordinatoru-�` � -- Planning Board Office r�l 4�.Zp14 Town of Southold BAN Town Hall Annex Southold,NY 11971 plan ft;g �ar! Re: ZBA File Ref.No. #6725—Fordham House LLC Dear Mr. Terry: We have received an application for a deck addition in East Marion. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map,project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: ick wa&&W-4 Encls.