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1000-40.-1-14
OFFICE LOCATION: ho��4F SO!/l�olo MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) G Q Telephone: 631 765-1938 Southold, NY 11971 • O P O Y Fax: 631765-3136 coUNTY,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of AID eals From: Mark Terry, LWRP Coordinator Date March 22, 2018 Re: LWRP Coastal Consistency Review for ZBA File Ref TIMOTHY AND GEORGIA QUINN #7151 SCTM# 1000-40-1-14. TIMOTHY AND GEORGIA QUINN #7151 — Request for a Variance from Article XXIII, Section 280-116 and the Building Inspector's December 5, 2017, Amended January 8, 2018 Notice of Disapproval based on an application for a building permit to construct additions and alterations to an existing single family dwelling; at; 1) located less than the code required 100 feet from the top of the bluff; located at: 63165 County Route 48, (Adj. to the Long Island Sound) Greenport, NY. SCTM#1000-40-1-14. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and-the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP based upon the following assessment: 1. The proposed additions and alterations to the single family dwelling would result in no additional ground disturbance or further encroachment farther seaward (on grade) than the existing structures. No additional lot coverage is proposed. 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: William Duffy, Town Attorney BOARD MEMBERS ®F S®(/r Southold Town Hall Leslie Kanes Weisman,Chairperson �� y® 53095 Main Road•P.O.Box 1179 �® l® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes cra Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 54375 Main Road(at Youngs Avenue) Nicholas Planamento l�'c®U Southold,NY 11971 http://southoldtownny.gov fir— - (- ZONING BOARD OF APPEALS RrEJAN TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 ® 2� 20188 Southold"ic�vn January 2, 2018 Plannipo P,`rd Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref.No. #7151 —Quinn, Timothy & Georgia Dear Mr. Terry: We have received an application for additions/alterations existing single family dwelling in Greenport. 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:cv_ Encls. FORM NO. 3 TOWN OF SOUTHOLD � �+ BUILDING DEPAWI'MEN'r SOUTHOLD, N.Y. f-- NOTICE OF DISAPPROVAL DATE..: December 5. 2017 TO: Meryl Kramer(Quinn) 260 Horton's Lane Southold, NY 11 971 Please tale notice that your application dated December 1, 2017 For a permit to make additions and alterations to an existine single tatnily dwelling at Location of property 63165 County Rout 49, Southold, NY County Tax Map No. 1000- Section 40 Block I Lot 14 Is returned herewith and disapproved on the following grounds: 'I'lic pro used construction is not permitted pursuant to r'vlicic XXII Section 280-116 A. (1 ), which states: `'All buildings �r_5tructures located on lots upon which there exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff The construction notes a setback of66.75 feet frons the tot)of bluff, at its closest point, Authorized , igna Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file. Z.B.A. w SOUTHOLD TOWN ZONING BOARD OF APPEALS OFFICE CHECK LIST Please submit the following in EIGHT Sets(or NINE sets for waterfront or freshwater wetland or commercial parcels)collated into separate packets,with ORIGINAL signed set and Check for filing fee clipped on top: CURRENT NOTICE OF DISAPPROVAL(for area variance, use variance,and waiver of lot merger applications) Note: Special Exception Permit applications come directly to the ZBA and do not require a Notice of Disapproval) 1.Application(2 pages) Included w/2 attached pages 2. Project description Form Included 3. Questionnaire Included 4. Pre-CO's, CO's Included 5.AG Data Form Included 6. Short EAF Form (4 pgs) Included Included 7. Owner's Consent 8. Transactional Owner and Agent Included 9. LWRP Form Included 10. Photos Included 11. New Survey Included 12. Building Plans Included 13.Town Property Card Included **CHECK is payable to TOWN OF SOUTHOLD: Fee Schedule from Code is attached, or call 765-1809 Fee: $ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 63165 Street North Road(CR48) Hamlet Greenport SCTM 1000 Section 40 Block 1 Lot(s) 14 Lot Size 115,389 sf Zone R-80 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 12-5-17 BASED ON SURVEY/SITE PLAN DATED 12-1-17 Applicant(s)/Owner(s): Timothy&Georgia Quinn Mailing Address: 241 Central Park W,Apt.91),New York,NY 10024-4545 Telephone: 717-575-8818 Fax: N/A Email:tcquinn@gmail.com NOTE In addition to the above,please completed below if applicant is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: En-Consultants for(X)Owner ( )Other: Address: 1319 North Sea Road,Southampton,NY 11968 Telephone: 631-283-6360 Fax: 631-283-6136 Email:.rhernnam@enconsultmts.com Please check box to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X) Authorized Representative,( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 12/1/17 and DENIED AN APPLICATION DATED 12/1/17 FOR: X Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy O Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXII Section 280- 116 Subsection (A)(1) Article Section 280- Subsection Type of Appeal. An Appeal is made for: (3 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 OQhas, O has not been made at any time with respect to this property, UNDER Appeal No(s). 5644/6833 Year(s). 2005/2015 (Please be sure to research before compketinj ftgest&n�r cgl�our o c o�assislag0 Name of Owner: to or on tmo y eorgta�t11 inn ZBA File# 5644/6833 REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): (1)An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: See attached. (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: See attached. (3) The amount of relief requested is not substantial because: See attached. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: See attached. (5) Has the alleged difficulty been self-created? { )Yes, or WNo. See attached. Are there any Covenants and Restrictions concerning this land: { )No ( )Yes(please furnish copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. i�n�' — Signature of A ellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn,to before me this 22nd Robert E.Herrmann d o December 2017 Coastal Management Specialist 0 KI,M H . STEPHEN NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO . 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 21 20_ji r REASONS FOR APPEAL ADDENDUM for TIMOTHY& GEORGIA QUINN 63165 NORTH ROAD (CR 48) GREENPORT,NY SCTM#1000-40-1-14 1. The granting of the requested relief from §280-116(A)(1) for the proposed dwelling renovation and expansion less than 100 feet from the bluff crest will not have an undesirable impact on the surrounding neighborhood or the immediately adjoining neighbors because the proposed upward expansion will not change the position or scope of the existing development relative to the bluff or side lot lines, as the proposed alterations are limited entirely to the existing structural footprint. Therefore, there is no proposed diminishment or change to the existing minimum bluff setbacks, including those previously authorized by the Board. Specifically, with minimum proposed bluff setbacks of 65.25 (trellis) and 66.75' (second floor deck), the renovations are proposed landward of and thus farther from the bluff than the existing first-story deck and swimming pool, which were granted bluff setback relief by the Board in 2015 (see ZBA Case No. 6833 and Certificate of Occupancy Nos. 38502 & 38618). The renovated dwelling will thus also remain consistent with the neighborhood character of the surrounding developed shoreline community along North Road, which is characterized by dwellings located substantially closer to the bluff than 100 feet, including many which, like the applicants' dwelling, were constructed prior to adoption of the 100' bluff setback. These findings are consistent with those of Case No. 6833, wherein the Board found that an undesirable change in the character of the neighborhood would not be produced by granting the bluff setback relief requested at that time because "the area consists of single family homes many of which are set back less than 100 feet from the top of the bluff' and because "the existing setback is not changing." 2. The benefit sought by the applicants, which is the expansion and improved functionality of the limited existing second floor space, cannot be achieved without bluff setback relief due to the location of the existing dwelling structure less than 100 feet from the bluff. However, as noted .above, the proposed expansion is set back farther from the bluff than the existing, legally established bluff setbacks associated with the existing first floor deck. And relative to bluff setbacks, a vertical-only expansion is the preferred design alternative to an outward expansion of the existing dwelling footprint, which would increase the ground surface area of the dwelling and thus increase lot coverage and the potential for increased ground disturbance and runoff nearer to the bluff than the required 100' setback. Therefore, the proposed design is able to provide the applicants' benefits in the least impactful way possible. Robert E. Herrmann Sworn to before me this 22nd Z ecember, 2017. u is KIM H , STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION N0 . 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 , 20�9__J J 3. The approximately 34 feet of requested setback relief is mathematically substantial, representing 34 percent relief from the code-required 100' bluff setback. But relative to the existing, legally established bluff setbacks, the currently requested relief is not substantial because the proposed structures are located over and set back farther from the bluff than the existing structures, thus creating no change to or further diminishment of the existing setbacks. 4. The proposed project will not have adverse effects on the physical or environmental conditions of the neighborhood because the proposed upward expansion will not change the position or scope of the existing development relative to the bluff or to the tidal waters of Long Island Sound. Therefore, there will be no diminishment or change to the existing minimum bluff or wetland setbacks; no increase in the ground surface area of the dwelling; no increase in lot coverage; and no increased potential for runoff. There is also no proposed increase in bedroom count to the existing four-bedroom dwelling, which is presently serviced by a four-bedroom sanitary system located more than 100 feet from the top of bluff. Moreover, the dwelling will remain located entirely outside the Coastal Erosion Hazard Area and well more than 100 feet from the nearest wetlands, which are represented by the surface waters of Long Island Sound. And the bluff, which is the natural protective feature for the property, is heavily vegetated and in stable condition; and there is no evidence that the existing dwelling structure has had any adverse effects on the integrity of the bluff. However, additional protection of the environmental condition of the property will be provided by equipping the expanded second floor with an expanded drainage system of leaders, gutter, and drywells; and a temporary project limiting siltation fence will be set in place to control and contain site disturbance during construction. 5. Although it could be stipulated that the applicants are presumed to have had actual or constructive knowledge of the bluff setback limitation when they purchased the property, it is not reasonable to predicate that a dwelling constructed over 40 years ago would never require some degree of expansion and modernization through reasonable and modest alterations and additions. And due to the bluff setback requirements having been adopted after it was constructed, no alterations or additions to the dwelling could be realized without variance relief. Therefore, it is also arguable that the difficulty with meeting the required bluff setback is not self-created. Rob'e'q E. Herrmann Sworn to before me this 22nd day of ecember, 2017. bli KIM H , STEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO . 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 , 20.-I QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? X No Yes,please explain on attached sheet. C. 1)Are there any areas that contain sand or wetland grasses? Yes 2)Are these areas shown on the map submitted with this application? Yes 3)Is the property bulkheaded between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? No Please confirm status of your inquiry or application with the Trustees:Wetland Appliction will be filed upon ZBA detennination 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? No E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No Please show area of the structures on a diagram if any exist. Or state "none" on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes,please label the proximity of your lands on your survey. Residential, one—story, single farmly dwelling I. Please list present use or operations conducted at this parcel with partial second floor; 1st&2nd story decks; and swimming pool and proposed use Same with full second-story,expanded 2nd-story deck,and pergola. (ex:existing single-family dwelling,proposed:same with garage, po 1 or other) Authorized gigiWure and Date Robert E.Herrmann Coastal Management Specialist APPLICANT'S PROJECT DESCRIPTION Applicant:Timothy&Georgia Quinn Date Prepared: December 22,2017 1. For Demolition of Existing Building Areas Please describe areas being removed: Second floor deck to be removed and replaced/expanded,existing second floor roof to be removed and replaced,first floor roof to be removed and replaced with second floor addition. II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: 7.1'x 14.75'and 21.25'x 29.75' Dimensions of floor above second level: N/A Height(from finished ground to top of ridge): 32'-4" Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: N/A III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary)-Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: One-story,single-family residence with partial second floor and second floor deck over first floor deck. Number of Floors and Changes WITH Alterations: Two-story,single-family residence with second floor deck over first floor deck and pergola over first floor pool deck. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 4,032 sf Proposed increase of building coverage: None Square footage of your lot: 115,389 sf;Buildable land=91.038 sf Percentage of coverage of your lot by building area: 4.43%(no change) V. Purpose of New Construction: Expansion of living space and increasing functionality of second floor. 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): The land contours of the presently improved portion of the property do not affect the difficulty in meeting the code requirements,but the presence of the steeply sloped Long Island Sound bluff located less than 100 feet from the existing dwelling to be renovated creates the need for relief from the require 100'bluff setback set forth by Section 280-116(A)(1). Please submit eight (8) 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 FORM NO. 4C / TOWN OF SOUTHOLD gECEIVED BUILDING DEPARTMENT Office of the Building Inspector �� - c R ?014 Town Hall Southold, N.Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No E-25284 Date SEPTEMBER 30, 1997 THIS CERTIFIES that the building DWELLING Location of Property, 63165 COUNTY ROAD #48 GREENPORT, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 40 Block 1 Lot 14 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 23, 1973 pursuant to which Building Permit No. 6819-Z dated AUGUST 23, 1973 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITS CARAGE UNDER AS APPLIED FOR. The certificate is issued to JUMIN C. a DORIS PFRFFER (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 3-SO-120_- AUG. 27, 1979 UNDERWRITERS CERTIFICATE NO. 9-053490 - JANUARY 13, 1997 PLUMBERS CERTIFICATION DATED NSA Building In ector Rev. 1/B1 FORM NO. 4 �V TOWN OF .SOUTHOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspector JF C Z 6 2014 Town Hall Southold, N.Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY Nb: Z-30143 Date: 04/19/04 THIS C32TIFIES that the building ACCESSORY Location lof RtWerty: 63165 CR 48 GREENPORT (HOUSE No.) (STREET) (HAMl3T) County T" Kkp No. 473889 Section 40 Block 1 Lot 14 Subdivisiwh Filed Map No_ Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 2, 2004 pursuant to which Building Pp mit No. 30211-Z dated APRIL 2, 2004 was issued, and conforms to all of the requirements of the applicable provisionsj of the law. The occupancy for which this certificate is issued is ACCESSIORY SHED AS APPLIED FOR. The c'ertiAcate is issued to MARTIN C PFEFFER (OWNER) of the aforesaid building. SUFFOLK J6J6 DEPARTMENT OF HEALTH APPROVAL N/A MACMICAI CERTMCATS NO_ N/A PLUMBERS +=FICATIObT DATED N/A r t Authorized S' ature Rev. 1/811 • r vaui avv. z TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall 3 Southold, N.Y. RECEIVED 7E� 262014 CERTIFICATE OF OCCUPANCY ZONING BOARD OF APPEALS No: Z-32190 Date: 02/07/07 THIS CERTIFIES that the building ALTERATIONS Location of Property: 63165 CR 48 GREENPORT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 40 Block 1 Lot 14 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 1, 2005 pursuant to which Building Permit No. 30983-Z dated FEBRUARY 28, 2005 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is INTERIOR ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to NO-FO PROPERTIES GPT.LLC (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 101518C 07/13/06 PLUMBERS CERTIFICATION DATED 08/28/06 CHARLES T. LITWIN 1, 0 - � Au hor' ed Signature Rev. 1/81 �og11FFOl,f-coG. Town of Southold 10/26/2016 C 0 P.O.Box 1179 • 53095 Main Rd '1gy�l �a0� Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 38502 Date: 10/26/2016 THIS CERTIFIES that the building IN GROUND POOL Location of Property: 63165 CR 48, Greenport SCTM#: 473889 Sec/Block/Lot: 40.-1-14 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 12/4/2015 pursuant to which Building Permit No. 40390 dated 1/7/2016 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: accessory in ground swimming12ool with fence to code as applied for per ZBA#6833 dated 2/19/2015 The certificate is issued to Quinn,Timothy&Georgia of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 40390 10/12/2016 PLUMBERS CERTIFICATION DATED AuthW,6ed Signat ��o�,pSFQ�'fco�y Town of Southold 10/26/2016 A P.O.Box 1179 ' 53095 Main Rd Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 38618 Date: 10/26/2016 THIS CERTIFIES that the building DECK Location of Property: 63165 CR 48, Greenport SCTM#: 473889 Sec/Block/Lot: 40.-1-14 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 12/4/2015 pursuant to which Building Permit No. 40390 dated 1/7/2016 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: deck addition to an existing one family dwelling as applied for per ZBA#6833, dated 2/19/2015. The certificate is issued to Quinn,Timothy&Georgia of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Autho ed Signat � i 1 APPEALS BOARD MEMBERS �tOF SO(/jyO Southold Town Hall Ruth D. Oliva,Chairwoman 53095 Main Road•P.O.Box 1179 Gerard P.Goehringer 411 Southold,NY 11971-0959 Vincent Orlando Office Location: James Dinizio,Jr. • �O Town Annex/First Floor,North Fork Bank Michael A.Simon �l,Y�,D� 54375 Main Road(at Youngs Avenue) ' Southold.NY 11971 http://southoldtown.northfork.net RECEIVED BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 FEB } 0 FINDINGS, DELIBERATIONS AND DETERMINATION'. � . MEETING OF FEBRUARY 3, 2005 Soot'+old Town Clerk r ZB Ref. 5644-MARK and ELLIE GORDON Property Location: 63165 C.R. 48 a/k/a North Road (or Middle Road), Greenport; CTM 40-1-14. 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 11 category of the State's List of Actions,without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION:The applicants' 115,389.41 sq, ft. parcel has 167.13 feet along the North Road (C.R.48), lot depth of 680.71 feet along the west side line, and 112.69 feet along the Long Island Sound. The property is improved with a single-family dwelling and accessory storage shed as shown on the May 17, 2004 survey prepared by Joseph A. Ingegno, L.S.,amended October 3, 2004. BASIS OF APPLICATION: Building Department's November 5, 2004 Notice of Disapproval, citing Section 100-239.4A.1 in its denial of a building permit to construct a proposed swimming pool with decks and upper level porch,with setbacks at less than 100 feet from top of LI Sound bluff. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 20, 2004 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: ORIGINAL REQUEST FOR RELIEF: The applicant's original application described proposed new construction (swimming pool and decks) at 36'8" from the top of the bluff at its closest point, as shown on the 9/22/04 plan, revised 10/6/04, by Bade Stageberg Cox Architects. ADDITIONAL INFORMATIOMAMENDED RELIEF: The applicant was requested, during technical reviews prior to the hearing, to submit altematives to increase the setbacks for a possible alternative plan that would be more conforming to the code's requirement of 100 feet from the top of the bluff. During the January 20, 2005 public hearing, the applicant submitted an alternative plan dated 1/27/05 prepared by Bade Stageberg Cox,Architects,for a proposed wood deck at a minimum of 64 feet from the top of the bluff, removing the proposal for a swimming pool from the plan, and for an extension at the second floor of the existing balcony. i + Page 2—February 3,2005 1 ZB Ref. 5644—M.and E.Gordon - CTM ID: 40-1-14 REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative variance relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant increased the setback with an alternative plan, reducing the size of the deck and removing the swimming pool from the proposal. The new alternative deck measuring 20 ft. by 31.7 feet, plus 7'6"deep deck, and 2'6"stairs, by 56+- lin. ft., resulting in a set back not closer than 64 feet to the top of the bluff, as noted on the 1-27-05 site plan prepared by Bade Stageberg Cox, Architects. The structure is designed as a deck, open to the sky. 2. The benefit sought by the applicant cannot be achieved by some method,feasible for applicant to pursue, other than an area variance. The home was built prior to the enactment of the 100 ft. minimum bluff setback, and exists at 71 feet from the top of the bluff. Any expansion would increase the degree of nonconformance and would require variance relief. 3. The requested area variance is substantial and represents a 36% reduction from the current code requirement for a minimum of 100 feet,allowing a setback at not less than 64 feet. 4. The difficulty was self-created when the applicant planned construction with a design that, in part, does not conform to Code Section 100-239.4A. 5. No evidence has been submitted to suggest that the alternative relief will have an adverse impact on the physical or environmental condition in the neighborhood. RESOLUTION/ACTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Member Simon, to DENY the original variance as requested, and to GRANT ALTERNATIVE RELIEF as shown on the alternative plan dated 1/27/05 prepared by Bade Stageberg Cox, Architects, SUBJECT TO THE CONDITION that the deck shall be open to the sky. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Dinizio, and Simon. Absent was Member Goehringer. This Resolution w s Nullad ted 1Am - Ruth D. O iva, Chairwoman 2/<T 105 Approved for Filing BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �if SOUr�' 53095 Main Road•P.O.Box 1179 � Q ti0 l4 Southold,NY 11971-0959 Eric Dantesti Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning rO ^a�� 54375 Main Road(at Youngs Avenue) Kenneth Schneider l'Yeou �N► Southold,NY 11971 http://southoldtown.northfork.net RE CAVED ZONING BOARD OF APPEALS CCrAd ,pp- II-03 eu . TOWN OF SOUTHOLD = ?Ul5 Tel.(631)765-1809•Fax(631)765-9064 n" uthold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF FEBRUARY 19,2015 ZBA FILE#6833 NAME OF APPLICANT: Timothy and Georgia Quinn SCTM#100040-1-14 PROPERTY LOCATION: 63165 County Route 48(aka North Road)(adj.to Long Island Sound)Greenport,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 January 8, 2015 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 January 23, 2015. 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. The LWRP report notes that the prior ZBA variance for this property Appeal No. 5644 gave variance relief for the applicant to construct an open air deck 64 feet from the top of the bluff. The as-built deck is set back 61.8 feet from the top of the bluff. The agent for the applicant stated she was the original architect from the 2005 prior variance and there was an error in the noted setback on the approved drawing._However, the as built deck is consistent with the Architectural drawings stamped in ZBA decision No. 5644 and is therefore consistent with the LWRP. PROPERTY FACTS/DESCRIPTION: The property is a conforming 115,389 square foot waterfront parcel, with approximately 22,050 sq. ft. of unbuildable area, located in an R-80 zone. The subject property has 167.13 feet of frontage on North Road(C.R. 48),680.71 feet on the West property line, 174.38 feet along Long Island Sound and 727.51 feet on the East property line. The parcel is improved with a 1 &2 story frame house with attached garage and an accessory frame shed. There is also a wood staircase with landing which leads to the beach. The as-built wood deck is set back+/-61 feet from the bluff. All is shown on a survey by Nathan Taft Corwin III L.L.S. dated May 17,2004 and lasted updated October 21, 2014. BASIS OF APPLICATION: Request for Variances from Article 11I, Section 280-15 and Article XXII Code Section 280-116 and the Building Inspector's November 12, 2014 Notice of Disapproval based on an application for building permit for accessory in-ground swimming pool, at 1) location other than code required rear yard, 2) less than code required 100 foot setback from top of bluff. Page 2 of 3—February 19,2015 ZBA#6833—Quinn SCTM#1000-40-1-14 RELIEF REQUESTED: The applicant requests variances to construct an in ground swimming pool in the side yard where the code requires accessory structures to be located in the required rear yard or in the case of waterfront property the accessory may be located in the front yard provided it meets the front yard principal setback,and a 64 feet setback from the top of the bluff where the code requires all buildings and structures to be set back not fewer than 100 feet from the top of bluff. ADDITIONAL INFORMATION: During the hearing the applicant testified that the plans referenced in ZBA decision No. 5644 and the plans stamped by the ZBA and sent over to the building department showed the then proposed deck at 64 feet from the bluff. Therefore the ZBA decision No. 5644 gave variance relief to construct an open-air deck with a bluff set back of 64 feet. The plans in ZBA file No. 5644 show the deck with a bluff set back of 64 feet. It appears the setback to the proposed deck was taken from a different location on the top of bluff which may have caused the discrepancy or as stated by the agent it was a clerical error on their site plan at the time. At the hearing the applicant proposed to add landscape screening in the area of the proposed pool on the West side of the property. At the hearing an agent for the adjoining neighbor to the west asked that the Zoning Board consider conditions to mitigate any possible adverse impacts, specifically enclosing pool pump equipment in a sound deadening structure and adding landscape screening both of which are proposed by the applicant. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 5,2014 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 1x267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The area consists of single family homes many of which are set back less than 100 feet from the top of the bluff. The pool is being built into an as-built deck. The existing bluff set back is not changing. The proposed construction has a conforming side yard setback, front yard setback, and buildable lot coverage. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The ZBA has previously granted the applicant's parcel variance relief to construct a deck 64 feet from the bluff. The proposed pool is proposed at a setback of 64 feet from the existing bluff. Any changes to the as built deck will require variance relief. Further a pool in the code conforming front yard location would be difficult to position given the steep drop off of the existing grading. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 39%relief from the code.The variance for the side yard location is mathematically substantial, representing 100%relief from the code. However, the pool is not visible from the road and will be buffered from the neighbor's property by landscaping. 4: Town Law 5267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and install a drywell for pool de-watering. 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. Page 3 of 3—February 19,2015 ZBAii6833—Quinn SCiM#1000-40-1-14 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an in-ground swimming pool while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dantes, seconded by Member Schneider, and duly carried,to GRANT,the variances as applied for,and shown on the Architectural drawings prepared by Jane May Stageberg, Architect, labeled A-100, A-200, and A-300 dated December 18, 2014 and the landscape plan dated Nov. 2014 prepared by Plantings by the Sea,Inc. CONDITIONS: 1. Evergreen screening from the adjacent neighbor's property to the west. 2. Pool mechanicals shall be placed in a sound deadening enclosure. 3. Drywell for pool de-watering shall be installed. 4. That the pool and existing water side decks shall remain open to the sky. ' That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as 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. Pursuant to Chapter 280-146(3) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration,grant an extension not to exceed three(3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson), Schneider, Dantes. (Absent was:Members Horning and Goehrin This Resolution was duly adopted(3-0). ( "4tt't—_ 0 Leslie Kanes Weisman,Chairperson Approved for filing /2015 .I AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM. The form must be completed by the applicant for any special use permit, site 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 agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239m and 239n of the General Municipal Law. 1)Name of Applicant: En-Consultants 2)Address of Applicant: 1319 North Sea Road, Southampton,NY 11968 3)Name of Land Owner(if other than applicant) Timothy&Georgia Quinn 4)Address of Land Owner: 241 Central Park W,Apt. 9,New York,NY 10024-4545 5)Description of Proposed Project: See attached. 6)Location of Property (road and tax map number):63165 North Road(CR 48),Greenport;SCTM#1000-40-1-14 7)Is the parcel within 500 feet of a farm operation? { }Yes {X}No 8)Is this parcel actively farmed? { )Yes {X}No 9)Name and address 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 back side of page if there are additional property owners.) 12 / 22 / 2017 Signat re of Applicant Date Note: 1.The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation.Solicitation will be made by supplying a copy of this statement. 2.Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant 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. PROJECT DESCRIPTION FOR TIMOTHY& GEORGIA QUINN 63165 MAIN ROAD (CR 48) GREENPORT NY SCTM#1000-40-1-14 Renovate existing one-story, single-family dwelling with partial second floor as follows: remove 51 sf of existing second floor deck on east side of house; construct new roof over existing 24' x 35' partial second floor to remain; remove existing 165 sf second floor deck on north side of house and construct new 192 sf second floor deck(over existing first floor deck to remain); construct 7' x 15' second floor addition(with flat roof) and 21.5' x 30' second floor addition over existing first story to remain; extend existing chimney above new roof; construct a 9' x 32' pergola addition over existing pool deck to remain; construct new flat roofs on the landward south side of the house over existing 45 sf and 86 sf covered porches and over 24 sf and 91 sf portions of existing first floor, all to remain; and install a drainage system of leaders, gutters, and drywells, all as depicted on the site plan prepared by Meryl Kramer Architect, last dated December 22, 2017. is 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part I-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 I 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 I-Project and Sponsor Information Name of Action or Project: Quinn Renovation Project Location(describe,and attach a location map): 62165 North Road(CR 48),Greenport,Town of Southold, Suffolk County,NY; SCTM#1000-40-1-14; property is located on north side of North Road(CR 48),+/-1,465'west of Queens Lane maps provided. Brief Description of Proposed Action: Renovate existing one-story,single-family dwelling with partial second floor as follows:remove 51 sf of existing second floor deck on east side of house;construct new roof over existing 24'x 35'partial second floor to remain;remove existing 165 sf second floor deck on north side of house and construct new 192 sf second floor deck(over existing first floor deck to remain);construct Tx 15' second floor addition(with flat roof)and 21.5'x 30'second floor addition over existing first story to remain;extend existing chimney above new roof;construct a 9'x 32'pergola addition over existing pool deck to remain;construct new flat roofs on the landward south side of the house over existing 45 sf and 86 sf covered porches and over 24 sf and 91 sf portions of existing first floor,all to remain;and install a drainage system of leaders,gutters,and drywells,all as depicted on the site plan prepared by Meryl Kramer Architect,last dated December 22,2017. Name of Applicant or Sponsor: Telephone: 717-575-8118 Timothy&Georgia Quinn E-Mail: tcquinn@gmail.com Address: 241 Central Park W,Apt.9D City/PO: State: Zip Code: New York I NY 10024-4545 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 X 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: X NYSDEC 3.a.Total acreage of the site of the proposed action? 115,389 sf b.Total acreage to be physically disturbed? +/-17,000 sf w c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 115,389 sf 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 Page 1 of 4 5.Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? X 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 c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No, describe method for providing potable water: X 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment. X 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? X X 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? X b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 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? X 16. Is the project site located in the 100 year flood plain? NO YES X 17. Will the proposed action create storm water discharge,either from point or non-point sources? YES If Yes, a. Will storm water discharges flow to adjacent properties? ❑NO❑YES b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 7 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: X 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: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: ert E.He=ann,Coastal Mgmt. Specialist Date: December 22,2017 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 I 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 small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public/private water supplies? b. public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g., wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 A No,or Moderate small to large impact impact may may occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance.The Lead Agency is responsible for the completion of Part 3.For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part I 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. ❑ 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. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 i i { tnletPtj;\ SuF dk Camty Naastr-om Map#50 { !',,< 4.`}2 000' f a o» ^' ` 4' ,YIJ.I .'lnlott Potni'� vt►s _ C - -ifs, - - cl'+•� - `,`'' ` `� Fiyl Silver Via ye s ° ke i Subject property) ::. 48 \ � R E AAM SONY Koa : w Trailer �Greenpnrt� Park 'y IiS ° Te 1• f t �: J/� �• V'"� pAN RO ,. N ST rFLP i s sail' ad urn+ { sr L� eaowN sr7� 48 m ' ;�f GREENPORT WEST 25 m JG RD r V7 P m / r Pt 10 a° ymo Park rte`,,^ 2' -}'34'OM 03 " r,72`_a 76'h. °72'2730' ; .' 72 a; "HH+s�a„� - - ,�'r a•7�s--s>'"�.'�"-I,'.;',;�-�''_'t: - - ,"i-' _"Joins Map 44" - - �j' ";, 'Iq, __ �::i• - L•...J.z.._��CumP?+iY.I�c Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) l, Timothy C.Quinn residing at 63165 North Rd.(CR 48) (Print property owner's name) (Mailing Address) Greenport,NY 11944 do hereby authorize En-Consultants (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. per's Signature) Timothy C.Quinn (Print Owner's Name) Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) j� Georgia P.Quinn residing at 63165 North Rd.(CR 48) (Print property owner's name) (Mailing Address) Greenport,NY 11944 do hereby authorize En-Consultants (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) Georgia P.Quinn (Print Owner's Name) r 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 .• Quinn,Timothy C. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X 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 f� day of ,20j Signature Print Na a Timothy C.Quinn -r 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 • Quinn,Georgia P. .(Last name,fust name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X 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 ay of ,20— Signature Print Name Georgia P.Quinn Y 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 Herrmann,Robert E. Last name,first name,middle initial,unless you are app yang 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 Xxx 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 X 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) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 22n day of December 2017 Signature Print Name Robert E.Herrmann Location of action:63165 Main Road(CR 48)Greenport Site acreage: 115,389 sf Present land use: Residential,one-story,single family dwelling w/partial second floor Present zoning classification:R-80 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:Timothy&Georgia Quinn (b) Mailing address: 241 Central Park W,Apt.9D New York,NY 10024-4545 (c) Telephone number: Area Code 717-575-8118 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No ® If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY , Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III- Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ® Not Applicable 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 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1 , All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supportini! facts. 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# 40 - 1 - 14 PROJECT NAME Timothy&Georgia Quinn The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees ❑ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital ❑ construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: Nature and extent of action: Renovate existing one-story,single-family dwelling with partial second floor as follows:remove 51 sf of existing second floor deck on east side of house;construct new roof over existing 24'x 35'partial second floor to remain;remove existing 165 sf second floor deck on north side of house and construct new 192 sf second floor deck(over existing first floor deck to remain);construct 7'x 15'second floor addition(with flat roof)and 21.5'x 30'second floor addition over existing first story to remain;extend existing chimney above new roof,construct a 9'x 32'pergola addition over existing pool deck to remain;construct new flat roofs on the landward south side of the house over existing 45 sf and 86 sf covered porches and over 24 sf and 91 sf portions of existing first floor,all to remain;and install a drainage system of leaders,gutters,and drywells,all as depicted on the site plan prepared by Meryl Kramer Architect,last dated December 22,2017. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ® Yes ❑ No ❑ Not Applicable The proposed project will be consistent with Policy 4,as the existing dwelling to be renovated is located entirely outside the Coastal Erosion Hazard Area and well more than 100 feet from the surface waters of Long Island Sound. The proposed additions and alterations will also occur entirely within the existing structural footprint,so there will be no diminishment or change to the existing minimum bluff setbacks;no increase in the ground surface area of the dwelling or lot coverage within 100 feet of the bluff; and no increased potential for runoff. And the bluff,which is the natural protective feature for the property,is heavily vegetated and in stable condition;and there is no evidence that the existing dwelling structure has had any adverse effects on the integrity of the bluff. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ®Yes ❑ No ❑ Not Applicable The project will be consistent with Policy 5,as the proposed additions and alterations will occur entirely within the existing structural footprint,so there will be no increase in the ground surface area of impervious surfaces or lot coverage and no increased potential for runoff. Nevertheless,the expanded second floor will be equipped with a drainage system of leaders,gutters,and drywells. Also, Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ®Yes ❑ No ❑ Not Applicable LWRP CONSISTENCY ASSESSMENT FORM ADDENDUM FOR TIMOTHY& GEORGIA QUINN 63165 MAIN ROAD (CR 48) GREENPORT NY SCTM#1000-40-1-14 Policy 6 The proposed project will be consistent with Policy 6,as the proposed upward expansion will not change the position or scope of the existing development relative to the bluff or tidal waters of Long Island Sound. Therefore,there will be no diminishment or change to the existing bluff or wetland setbacks; no increase in the ground surface area of the dwelling; no increase in lot coverage; and no increased potential for runoff. There is also no proposed increase in bedroom count to the existing four-bedroom dwelling, which is presently serviced by a four-bedroom sanitary system located more than 100 feet from the top of bluff. Moreover,the dwelling will remain located entirely outside the Coastal Erosion Hazard Area and well more than 100 feet from the nearest wetlands,which are represented by the surface waters of Long Island Sound. And the bluff,which is the natural protective feature for the property, is heavily vegetated and in stable condition; and there is no evidence that the existing dwelling structure has had any adverse effects on the integrity of the bluff. However, additional protection of the environmental condition ofthe property will be provided by equipping the expanded second floor with an expanded drainage system of leaders, gutter, and drywells; and a temporary project limiting siltation fence will be set in place to control and contain site disturbance during construction.The project is located outside the Article 25,Tidal Wetlands,jurisdiction of the New York State Dept. of Environmental Conservation because all construction and construction related disturbance will occur landward of the top of a bluff with an elevation greater than 10 feet above mean sea level. 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. ❑ Yes F—] No® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable 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. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. [:] Yes ❑ No ® Not Applicable 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 PREPARED BY TITLECoastal Management specialist DATE 12/22/17 Robert ann Amended on 811105 'VA TIMOTHY AND GEORGIA QUINN,63165 NORTH ROAD (CR 48), GREEN 1'O RT *T,, l r _ 1 Figure 1. Aerial image of subject property and surrounding developed shoreline conrinunit),on October 1,2017. Photo by Google Earth. 1 �t P Figure 2. Looking southwest along the top of bluff and toward the existing dwelling to be renovated. TIMOTHY AND GEORGIA QUINN,63165 NORTH ROAD(CR 48),GREENPORT k! _ v A � Figure 3. 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