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Home My WebLink About1000-13.-1-5.2 OFFICE LOCATION: �O�*oF SO -olo MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) cn Southold, NY 11971 ® Yp� Telephone: 631 765-1938 Fax: 631 765-3136 �yCOUNTy,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, LWRP Coordinator Date March 23, 2017 Re: Coastal Consistency Review for ZBA File Ref AMY AND CHRISTOPHER ASTLEY#7038 SCTM#1000-13-1-5.2. AMY AND CHRISTOPHER ASTLEY#7038 - Request for Variances under Article III, Section 280-15F; Article XXII, Section 280-116A, Article XXIII, Section 280-124 and the Building Inspector's October 27, 2016 Notice of Disapproval based on an'application for a permit to construct an accessory in-ground swimming pool, at: 1) located in other than the code required rear yard; 2) located less than the code required 100 feet from the top of the bluff; 3) less than the code required minimum front yard setback of 40 feet, at: 460 North View Drive, (Adj. to the Long Island Sound) Orient, NY. SCTM#1000-13-1-5.2. 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 provided the following is considered: 1. To further 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 it is recommended that a vegetated buffer be established north of North View Road to maintain the visual character of the neighborhood. The buffer could be landscaped inside or outside of the proposed pool fence for the purpose of providing vegetative screening. 2. To further Policy 4 Minimize loss of life, structures, and natural resources from flooding and erosion and Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem; it is recommended that the Board establish a non-disturbance buffer landward of the top-of-bluff to the Coastal Erosion Hazard line. The non-disturbance buffer should include the existing vegetation. 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 SOF S0 Southold Town Hall Leslie Kanes Weisman,Chairperson � Ol0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing 'gyp `�� 54375 Main Road(at Youngs Avenue) Kenneth Schneider cQ(f (,N Southold,NY 11971 http://southoldtown.northfork.net ZONINGTOWN OF SOUTHOLD APPEALS D EC � v E0 4 Tel.(631)765-1809•Fax(631)765-9064 DEC %2 2016 December 23, 2016 Southold Town planning B!aard Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. # 7038 ASTLEY, Christopher Dear Mark: We have received an application to construct an in-ground swimming pool. 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 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairp n By: -70 3 - = rirJ�i din &13" O Pp•65 M3 Q �O t 2 nal m 72A(c) ntl r 821 820 1.6A nB 17A � 619 .mm VA au l`-J')� s /• nr ♦a 818 8 2 1.7A 's 822 22.IA(1 817 a9 O� nn 1.7A �y'( Y 8.23 / 8 18 ,•��i� 814 y 'B ael J--�• 7 1.7A ��W't nA <�s ��-•• $ 1.OA(c) ,2. q, ,a 824 Uy ,� ' NI 3 ��- •%q 6 " ue @Rpm 815 MI � 825 h1' ay s ,A 8 13A(G) @ 613 n°1 'CR 826 _ -�'� Q• $' 52 ? 9.1 44 sP �ST a O� wr . an /. .... ° 4 51 y '� ,1.1A(c) 121 '� 8.12 k, w 827 'Ib 12A(c) /�_, /.•N�� 4 "� ' � 811 . w � 92 11.3 8281?Ac m1 830 'A blP 1Vic) a O- 2 102 16A(c) 10 1 18A % m '� 9 BOJ 8 29 50p1e a 6 9 rn OR' 83a F• ``B 1 7A(c) 2 p P, q FOR PCL NO / �4L ,'o' v ,� e `]`��y✓_ SEE BEC NO. 8.8 M SG��' r a B ® o,eo4-0077 FOR PCL NO. �' �1 - 11 t+ �� 87 86 SEE SEC N0. 3 r .,, 71 r ,� 1 OA �' w --- 018-03-0303 p ab ro __----- +6 OEC __� 10A(C) 42q w a, MATCH ----.--�— UNE BASIN NO I) M MATCH �"-- LINE � .�04'Oa, 52 q tea, Yp 3 „ "b 5.1 V 14AP59IXWNNORR]M15E.ALLPROPER,IES NOTICE ' S P>t BFLLLFA �� BCaeI DS.G We ��SCH-� MyEmnlOdMllm -�X-� /pE1MTNIN T¢f011OMNC g5TR1C15 "�• r MINT .4Na (21) iw FIRE 2 SEv.ER VY,ND DISTRI LITTON OF ANY ORTIO•OFT = f" FIRE 25 XYOPONT DISTRIBUTION OFANY PORTION OF THE EEE333S°°° —w-- Icm�lamaw— VbierD.wL.. ucXT 40 SUFFOU<COUNTYTAX Lt?IS PROHIBITED c munb LFv ugN pAh]Lne —�L-- Pnmubn®OmiC Lme--p-- —K 65 pNSE WITHOUT WRITTEN PERMISSION OF THE 121AIa),lMA TO'"'u" --- pie phi'.alas —_P-- ��-- -- S �si0/♦t>EX RMPROPERTYTAXSERVICEAGENCY t2 ta(c) Vam•u.. �---- s....o.uaue _s-- ••• i FORM NO. 30 3 r2f NOTICE OF DISAPPROVAL DATE: January 14,2016 RENEWED &AMENDED: October 27, 2016 TO: EN-Consultants (Astley) 1319 North Sea Road Southampton,NY 11968 Please take notice that your application dated December 15, 2015 For permit to construct an accessory in-ground swimming pool at Location of property: 460 North View Drive, Orient County Tax Map No. 1000—Section 13 Block 1 Lot 5_2 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Section 280-15F which states; "In the case of a waterfront parcel accessory buildings and structures may be located in the front yard provided that such buildings and structures meet the front-yard setback requirements set forth by this code, and the side yard setback requirements for accessory buildings in Subsection B..." The accessory in-around swimming pool is noted as being partially located in the side yard. Also, pursuant to Article XXIII, Section 280-124, lots measuring between 20,000 and 39,999 square feet in total size, require a minimum front yard setback of 40 feet. The proposed construction notes a front yard setback of 15 feet. Furthermore, the proposed construction is not permitted pursuant to Article XXII Section 280-116A, which states; "All buildings or structures located on lots upon which there exists a bluff landward of the shore or beach'shallbe set back not fewer than 100 feet from the tgp of such bluff." The ro o ed access m- ound swi ool is noted as being 70 feet from the top of the bluff. This N ti e of Disap roval as a ended on October 27, 2016 following the submission of a revised survey. Authorized Signa e Note to Applicant: Any change or o the above referenced application, may require further review by the Southold Town Building Department. CC.-file, Z.B.A. 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/4 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 plus addendum 10. Photos Included 11. New Survey Included 12. Building Plans N/A 13.Town Property Card Included(2) `"CHECK is payable to TOWN OF SOUTHOLD: Fee Schedule from Code is attached, or call 765-1809 a � Fee:$ Filed By Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 460 Street North View Drive Hamlet Orient SCTM 1000 Section 13 Block 1 Lots) 5.2 Lot Size 35,799 sf Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 1/14/16 BASED ON SURVEY/SITE PLAN DATED 12/15/15 Applicant(s)/Owner(s): Christopher T.&Amy Astley Mailing Address: 434 Greenwich Street,217,New York,NY 10013 Telephone: 646-515-6661 Fax: N/A Email: castley@mac.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:rherrmann(aenconsultants.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 9/29/16 and DENIED AN APPLICATION DATED 12/15/15 FOR: ( ) Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article III Section 280- 15 Subsection F Article XXII Section 280- 124 Subsection B 116 A Type of Appeal. An Appeal is made for: ( )A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal ( )has, ( )has not been made at any time with respect to this property, UNDER Appeal No(s). 6004 Year(s). 2007 (P 1 e o s e be sure to research before co in thislluest'on or cal ou o ce for assistance) Name of Owner: C hrlst°pier Amy. �ej ZBA File 4 REASONS FOR APPEAL (Please be speci ic, 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 { )No. See attached. Are there any Covenants and Restrictions concerning this land: {X}No { )Yes(please furmsh 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 we re of the community. Signature of'Appellant or Authorized Agent (Agent must submit written Authonzation from Owner) Sworn to before me this 16th Robert E.Herrmann dayVD"cember p 16 Coastal Management Specialist o tblic edlM H . SYEPHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO . 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 , 2011 REASONS FOR APPEAL ADDENDUM for AMY&CHRISTOPHER ASTLEY 460 NORTH VIEW DRIVE ORIENT,NY SCTM#1000-13-1-5.2 1) As part of a prior variance application approved in May 2007 (Case No. 6004, 5/25/07), a swimming pool was proposed in the same nonconforming side yard with a similar nonconforming front yard setback but also with a nonconforming side yard setback of 5 feet and, according to the Board's decision, would have caused lot coverage to exceed the allowable 20 percent when combined with the rest of the then proposed work. The currently proposed pool, by contrast, exceeds the required side yard setback and would increase lot coverage by only 392 sf to a conforming 19.1 percent if the pool coping is included in the lot coverage calculation. The previously proposed swimming pool was eliminated from the prior variance application as part of a site plan revision that appears to have been designed to reduce lot coverage and assuage concerns over the potential impacts of locating a swimming pool only 5 feet from the westerly property line. As currently proposed, according to the "Notice of Disapproval" issued by the Building Department, construction of the swimming pool requires relief from §280-15(F), accessory located partially in a prohibited side yard; §280-116(A), structure located less than 100 feet from bluff crest; and §280-124(B), accessory with nonconforming front yard setback. It is the applicants' position that granting of this relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties for the following reasons. Although determined by the Building Department to not be located on the landward side of the dwelling and thus in need of relief from §280-116(A), the pool would effectively be separated from the bluff by the existing dwelling and set back 70 feet from the bluff crest, a greater bluff setback than the Board approved for swimming pools on the property adjacent to the west (Case No. 5809, 1/26/06) and two properties to the west (Case No. 6045, 7/12/07). And although also determined by the Building Department to be located"partially located in the side yard,"the pool would have a side yard setback that exceeds the required 10' side yard setback by more than 3 feet and nearly equals the 15' side yard setback required for a principal dwelling structure. The pool approved and constructed on the adjacent westerly property was also approved in a nonconforming side yard and is located approximately 16 feet from the shared property line according to the applicant's survey. Because of the existing site topography on the subject property and adjacent westerly property, the proposed pool would be located at a higher elevation than westerly adjacent pool and thus out of sight from that neighboring vantage point; and a dense hedgerow would screen the pool from view both from North View Drive and the properties located across the roadway. The Board applied similar justification for the westerly adjacent swimming pool, which was approved in a nonconforming side yard with a nonconforming 25' front yard setback and nonconforming 55' bluff setback, when it found that the pool would "not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties" because it would be located"completely out Roberterrmann Sworn to before me this 16th dayof ecember, 2016. KIM H , STEPHENS NOTARY PUBLIC STATE OF NEW YORK of ublic COMMISSION NO . 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 . 20/? . 1 y of sight from off the premises" and that "extensive existing landscaping with native ornamentals, shrubs, and evergreen trees creates further privacy from adjacent properties and the road frontage." It is also a significant consideration that although the swimming pool is proposed only 15 feet from the mapped road that acts as the front lot line,the pool would be set back approximately 28 feet from the actual pavement of North View Road, a scarcely traveled private road that provides access to a limited number of homes in the neighborhood and does not serve as a public throughway to other locations. Similar reasoning was applied by the Board in its 2000 decision (Case No. 485 1) to grant the relief necessary to construct a dwelling 25 feet from neighboring South View Road, wherein the Board found that "South View Drive is a private road mapped at 50 feet wide, but the paved roadway is scarcely 10 feet wide and the proposed house is about 52 feet from that pavement although only 25 feet from the edge of the mapped road. The paved roadway is little traveled, is owned by the property owners association, and is unlikely ever to be widened. For these reasons, grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties." Here the width of the paved roadway varies from 15 to 21 feet in front of the subject property, and the pool would be located more than 160 feet from the nearest dwellings located on the opposite side of the road. 2) Due to the size and configuration of the property and the presence of the bluff, the benefit sought by the applicant, i.e., the use of a recreational swimming pool, cannot be achieved without the benefit of an area variance because there is nowhere on the property a pool could be physically situated such that it would be located in a front or rear yard and simultaneously comply with the 100' bluff setback and 40' front yard setback. In fact, the only two places the pool could be located on the property are where the pool is proposed on the west side of the property or in the easterly side yard. However, due to the configuration of the dwelling; the curvature of the front lot line; and the need for the pool to a maintain a 10' setback from the side lot line and a 20' separation distance from the septic system, there is in fact little room to locate the pool on the east side of the property. For example, if the pool were placed along the 10' side yard setback as far from the road as possible, such that a separation of only 3 feet was maintained between the pool and the roofed porch, the front yard setback could be increased by a maximum of 5 feet to 20' but at the expense of a 21' reduction in the bluff setback to 49 feet. Additionally, the east side of the property is characterized by dense vegetation, including two substantial (18" and 30" diameter) black cherry trees, and a moderately to steeply sloped grade. Thus, construction of the pool on the east side would require significant clearing; removal of both large trees; and substantial reconstruction and engineering of the slope with retaining walls. In contrast, where proposed on the west side of the property, the pool can be situated within a flat area of existing lawn where it should be necessary to remove only a 6"diameter tree and 10" diameter tree located adjacent to the house. Robert errmann Sworn to before me this 16'h dayof ecember, 2016. otary ubic KIM H , STEPH€HS NOTARY PUBLIC STATE OF NEW YORK 2 COMMISSION N0 . 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 , 2OJ7 The applicants recognize that in the Board's July 2007 decision (Case No. 6045) to grant the relief necessary to construct a 16' x 30' swimming pool two properties to the west with a 24' front yard setback and 55' bluff setback, the approved 24' front yard setback represented alternative relief to the initially proposed 18' setback. But in that case the proposed 16' x 30' pool was 168 sf or roughly 54% larger than the 12' x 26' pool proposed herein, and it was physically possible to relocate that pool 6' farther from the road. Here, the pool cannot be located any farther from the road, and for the reasons described above, there is no superior alternative location on the property that would provide a meaningful increase in the front yard setback without significantly reducing the bluff setback. And given the variance history in the neighborhood; the non-public nature of the private road; and the screening of the pool from the road and neighboring properties, all as described above, it would be undesirable to marginally increase the front yard setback at the significant expense of the bluff setback. 3) Neither the bluff setback relief nor the partially nonconforming side yard relief is substantial, but the required front yard relief is mathematically substantial. However, because of the nature of the private road and vegetative screening of the pool from the road and opposing properties, the relief is not effectively substantial. 4) With respect to physical and environmental conditions, the proposed pool will have no adverse impacts on the physical or environmental conditions in the neighborhood. The proposed swimming pool would be located more than 240 feet from the surface waters of Long Island Sound and thus nearly 5 times the required 50' setback for swimming pools from wetlands pursuant to Chapter 275. It will also be situated more than 20 feet above the groundwater table and thus not require dewatering or otherwise interfere with the groundwater table. With a proposed 70' setback from the top of bluff, the proposed swimming pool would be located less than the required setback of 100 feet from the bluff, but it would be situated on the south/landward side of the existing dwelling and thus farther from the bluff than the dwelling. Placed as such in the substantially level lawn area on the south side of the dwelling, the proposed pool would have no impacts on the condition of the bluff nor be subject to erosion risks greater than those associated with the more seaward positioned dwelling. In fact, the proposed location for the pool to the south of the house was chosen specifically to avoid potential bluff impacts associated with a more seaward location. And in a 2007 letter submitted to the Board during the applicants' prior variance application, the Suffolk County Soil and Water Conservation District expressed their finding that "no natural resource limitations were found on the subject property" and that at the time of their site visit"the bluff appeared to be in stabile [sic] condition," findings we expect will be the same today based on the presently stable, well vegetated condition of the bluff. Nevertheless, to reduce the area of impervious surfaces situated nearest the bluff and thereby create a potential reduction in surface water runoff (and associated erosion risks) nearest the bluff, the project proposes to remove an existing 326 sf concrete patio located only 15 feet from the top of the bluff. Although excluded from the definition of "building area" and thus not regulated as "lot coverage" pursuant to §280-4(B),re val of this 326 sf patio Robert . Herrmann Sworn to before me this 16th day of December, 2016. of Public cr KIM H . STEPHENS NOTARY PUBLIC STATE OF NEW YORK 3 COMMISSION No . 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 , 20—L7 would limit the net increase in impervious surface coverage of the property to 66 square feet. As additional mitigation, a temporary project limiting fence will be set in place between the work site and the seaward side of the dwelling to control and contain site disturbance and potential runoff during construction; and a pool drywell will be permanently installed upon completion of construction to capture pool backwash. 5) The difficulty is self-created due to the applicants' decision to propose a swimming pool on a property with known building area limitations. Robert ffHerrmann Sworn to before me this 16th day ofecemb,'er, 2016. Noublic HIM H . STEPHENS NOTARY PUBLIC STATE OF NEW YORK 4 COMMISSION No . 5015931 QUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2 , 20-L7 APPLICANT'S PROJECT DESCRIPTION Applicant:Christopher T.&Amy Astley Date Prepared: December 16,2016 I. For Demolition of Existing Building Areas Please describe areas being removed: 326 sf concrete patio II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes,please provide height(above ground)measured from natural existing grade to first floor: 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: N/A Number of Floors and Changes WITH Alterations: Proposed 14'x 28'in-ground swimming pool(including coping). IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 1,930 sf Proposed increase of building coverage: 392 sf Square footage of your lot: 35,799 sf; 12,490 sf "Buildable Lane" Percentage of coverage of your lot by building area: 15.5%existing; 18.6%proposed V. Purpose of New Construction- Recreational swimming pool 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): . Approximately 23,309 sf or 65%of the 35,799 sf property is comprised of the Coastal Erosion Hazard Area associated with the steeply sloping bluff on the north side of the property fronting Long Island Sound.Because of the presence of this bluff and the Building Department's interpretation of Section 280-116(a),i.e.,that the proposed swimming pool is not located landward of the existing dwelling,a bluff setback variance is required due to the pool's location 70 rather than 100 feet from the top of bluff. Additionally,the sloping grade on the east side of the property leaves the flatter grade on the west side of the property as a more practical and appropriate location for the proposed pool relative to land contours 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 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:Application to be filed pending completion of and if issued,please attach copies of permit with conditions and approved survey. ZBA review. 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. I. Please list present use or operations conducted at this parcel Single family residence with masonry patio and proposed use Same with swimming pool added and patio removed. (ex:existing single-family dwelling,proposed:same with garage ool or other) I Authorize ' nature and Date Robert E.Herrmann Coastal Management Specialist FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Towyn Hall Southa ld, N.X. CERTIFICATE OF OCCUPANCY No: Z-25669 Data: 04/22/98 THIS CERTIFIES that the building HEATING SYSTEM Location of Property; 460 _NORTH VIEW DR oRILONI' (BOUSB NO. ) (STREET) (HAMLET) Coupty Tax Map No. 473889 Section 13 Block 1 Lot 5.2 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 20, 1997 pursuant to which Building Permit No. 24575-Z dated DECLMBEA 23, 1997 was issued, and conforms to all of the requirements of the applicable provioions of the law. The occupancy for Which this certificate is issued is HEATING SYSTEM AS APPLIED VOR "AS BUILT" & AS PER REQUIREMENTS OF NEW YORK STAT.2 ENERGY CODES. The certificate is issued to CNIRXSTOPHER_T. & AMY ASTLEY (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. PENDXNU 02/12/98 PLUMBERS CERTIFICATION DATED N/A i din Insp for Rev. x,/81 60/Z0 39vd S331sna G-1OH1f10S Tb9959tTE9 Sb:ET 9TOZi9T/ZT FORM NO. d TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. UPDATMb PRE EXISTING CERTIFICATE OF OCCUPANCY No 525670 Date APRIL 22, 1998 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 460 NORTH VIEW DRIVE ORIFNT, N_'Y'. Houae No. Street Hamlet County Tax Map No. 1000 Section 13 Block 1 Lot 5.2 Subdivision —Vi.led Map No. Lot No. conforms substantially to the Requirements For a One Family Dwelling built Prior to: "AIL 9. 1957 pursuant to which CERTIFICATE OF OCCUPMCY NUMBER 525670 dated "RIL 22, 1998 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 YLPAR ROUWV ONE FAMILY DW'8T..LING The certificate is issued to CHRISTOPMR T. & AMY ASTLT:1Y (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT Of' HEALTH APPROVAL N/A UNDZRWRI`Z'ERS CERTIFICAT2 NO. N/A PLUMBERS CEATXrICATION DATED N/A *THIS UPDATES PRE CO z-6349 DATXM MARCH 6, 1975. BV,Iding Inspector Rev. 1/81 Ee/Ue 3Jtid S331snai G-10H1f10S Tb9999LTE9 Eb :ET 9T0Z/91/ZT FORM NO, 4 TOWN OF SOUTHO'LD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-34156 Date: 01/07/10 THIS CERTIFIES that the building ADDITION/ALTERATIONS Location of property: __ 460 NORTH VIEW DR ORIENT (HOUSE N0.) (STREET) (HAMLET) County Tax Map No. 473889 Section 13 Block 1 Lot 5.2 5ubdivisiou Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated OC705ZR 2, 2007 pursuant to which Dv-i.lding Permit No_ 33438-z dated OCTOBER 2, 2007 waq issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for Which this certificate is issued is ALTERATIONS AND ADDITIONS, INCLUDING SCREENED PORCH, DECKING, ENTRY ADDI'TTOM AND O=0OR SHOWER, TO AN EXISTING ONE FAMILY DWELLING AS APPLIEn FOR PER ZBA ##6004 DATED 6114,L7._. � The certificate is issued to CHRISTOPHER T & AMY ASTLEY --- __ (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-07-0002 12/18/09 ELECTRICAL CERTIFICATE NO. 8317 12/26/08 PL'0M8.RR.S CRRTIFICA.TION DATED 06/29/09 KING PLUMBING --,,4 uth ize icpzatuYe�- Rev 1/81 E8;E0 3Jtid S331smu Q-10Hif10S Tb9999LTE9 Eb :ET 9TBZ/9T/7.T 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) Christopher T. &Amy Astley 4) Address of Land Owner: 434 Greenwich Street,Apt.2F,New York,NY 10013 5)Description of Proposed Project: Construct a 14'x 28'swimming pool;install a pool drywell,pool equipment, and pool enclosure fencing;and remove an approximately 326 sf on-grade masonry patio from north side of house, all as depicted on the site plan prepared by Nathan Taft Corwin III Land Surveyor,last dated September 29,2016. 6)Location of Property (road and tax map number):460 North View Drive,Orient; SCTM#1000-13-1-5.2 7)Is the parcel within 500 feet of a farm operation? t )Yes tX}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,L- .) 12 / 16 / 2016 Signatu 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. 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: Astley Swimming Pool Project Location(describe,and attach a location map): 460 North View Drive,Orient,Town of Southold,SCTM#1000-13-1-5.2;property is located on north side of North View Drive,+/-380'west'of Brown's Hill Road(private),map provided. Brief Description of Proposed Action: Construct a 14'x 28'swimming pool; install a pool drywell,pool equipment,and pool enclosure fencing;and remove an approximately 326 sf on-grade masonry patio from north side of house,all as depicted on the site plan prepared by Nathan Taft Corwin III Land Surveyor,last dated September 29,2016. Name of Applicant or Sponsor: Telephone: 646-515-6661 Christopher T.&Amy Astley E-Mail: castley@mae.com Address: 434 Greenwich Street,Apt.2F City/PO: State: Zip Code: New York NY 10023 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 Southold Trustees,Southold Building 3.a.Total acreage of the site of the proposed action? 35,799 sf b.Total acreage to be physically disturbed? +/-5,100 sf c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 35,799 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: N/A 10.Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: N/A 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: N/A 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: _F 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? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES X 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 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 INFORM TION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Robert Hemnann,Coastal Mgmt. Specialist Date: December 16,2016 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 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 �+ Quickly estimate distance: O Each qnd box(apresents appru,wrWdy 0 1.000 0 65 m hmizantally by 0 es mi remcally Scale 9:24,000 nnw�]E • 0 200 4 W3 1a4151 X3 72#30• Y3 72",545• Z3 721500' f14 5uf'fdk Canh{Ha*orn Map#49 , i 1, - ±20001 -- -', Mulford PtSEA Orient /�✓ � i'�/ � Count,+1�,✓ ,�t ��` 1'iIT�'S BIGHT -% 1 y At Charles Rase v 3 L Airport � 51te Pcceys Via 25 t r SubJcct Propertq) Ao 4 {� ORIENT POINT f nL r i TENT ` T SEW 1 central Cern Ben's Pt L g Beach Bay Qca,t `State Tidal 6 1 Wetlands I 6e Park Office - I Bath q HoL parbv Browns Pr • Peters Nock Pr Orient Beach �. State Park Fort Terry ;Plum Island 1 f t A I Disease Center PLUM ISLAND Iflestncted) t� 4 0 Plum Island Rock r Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) Christopher T.Astley We/ I, Amy Astley residing at 434 Greenwich St., 2F (Print property owner's name) (Mailing Address) New York, NY 10013 do hereby authorize En-Consultants (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. a—, (Ow is Sig tur (Ow re-75 Signature) Amy Astley Christopher T.Astley (Print Owner's Name) 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. Astley, Christopher T. YOUR NAME: Astley,Amy (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 is �0 day of V 20 Signature Aj� Print Name Christopher T. Xstley Amy stley 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 or 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 16th day of December 2016 Signature Print Name Robert E.Herrmann 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- supporting 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# 13 - 1 - 5.2 PROJECT NAME Christopher T.&Amy Astley 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: Construct a 14'x 28'swimming pool;install a pool drywell,pool equipment,and pool enclosure fencing;and remove an approximately 326 sf on-grade masonry patio from north side of house,all as depicted on the site plan prepared by Nathan Taft Corwin III Land Surveyor,last dated September 29,2016. Location of action: 460 North View Drive,Orient Site acreage: 35,799 sf Present land use: Residential,single family dwelling Present zoning classification: R40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Christopher T.&Amy Astley (b) Mailing address: 434 Greenwich Street,Apt.2F New York,NY 10013 (c) Telephone number: Area Code 646-515-6661 (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. ❑Yes1:1 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 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 The proposed swimming pool would be situated on the south/landward side of the existing dwelling and therefore not visible from Long Island Sound. The pool would also be screened from North View Drive,a private roadway,by an existing hedgerow. Thus,the project will not affect existing visual quality or scenic resources. 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 See attached addendum. 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 See attached addendum. 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 AMY& CHRISTOPHER ASTLEY 460 NORTH VIEW DRIVE ORIENT,NY SCTM#1000-13-1-5.2 Policies 4,5, & 6 The proposed swimming pool would be located more than 240 feet from the surface waters of Long Island Sound and thus nearly 5 times the required 50' setback for swimming pools from wetlands pursuant to Chapter 275. It will also be situated more than 20 feet above the groundwater table and thus not require dewatering or otherwise interfere with the groundwater table. With a proposed 70' setback from the top of bluff, the proposed swimming pool would be located less than the required setback of 100 feet from the bluff, but it would be situated on the south/landward side of the existing dwelling and thus farther from the bluff than the dwelling. Placed as such in the substantially level lawn area on the south side of the dwelling, the proposed pool would have no impacts on the condition of the bluff nor be subject to erosion risks greater than those associated with the more seaward positioned dwelling. In fact, the proposed location for the pool to the south of the house was chosen specifically to avoid potential bluff impacts associated with a more seaward location. And in a 2007 letter submitted to the Board during the applicants' prior variance application, the Suffolk County Soil and Water Conservation District expressed their finding that "no natural resource limitations were found on the subject property" and that at the time of their site visit"the bluff appeared to be in stabile [sic] condition," findings we expect will be the same today based on the presently stable, well vegetated condition of the bluff. Nevertheless, to reduce the area of impervious surfaces situated nearest the bluff and thereby create a potential reduction in surface water runoff (and associated erosion risks)nearest the bluff, the project proposes to remove an existing 326 sf concrete patio located only 15 feet from the top of the bluff. Although excluded from the definition of"building area" and thus not regulated as "lot coverage" pursuant to §280-4(B),removal of this 326 sf patio would limit the net increase in impervious surface coverage of the property to 66 square feet. As additional mitigation, a temporary project limiting fence will be set in place between the work site and the seaward side of the dwelling to control and contain site disturbance and potential runoff during construction; and a pool drywell will be permanently installed upon completion of construction to capture pool backwash. The project as designed is this consistent with Policies 4, 5, and 6. , y See attached addendum. 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 ❑ 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. 1:1Yes ❑ 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 Mgmt. specialist DATE12/16/16 Robert E. ermmnn Amended on 811105 AMY AND CHRISTOPHER ASTLEY,460 NORTH VIEW DRIVE,ORIENT r fide iLi Nit,_.„ -r4l90 -r* r Y r1�"4 ." .- •tea 1.•1. - �"? � ....J ,«- Tom'♦ � � '++' �..i!tt •f N / A 0 /f AIL - A • x, Figure 1. Aerial view of subject property. surrounding developed shoreline,and adjacent swimming pool to west on MaY /1, 2016. y Photo by Google Earth. Y y P w- r f� ♦ l�v� V�l 3 f' � rI� '� _Y� Figure 2. Looking northwest at location of proposed swimming pool on south side of existing dwelling. 1 1' 1 ' I • . I 1 ' 1 ' 1 ' •� \ 4 n � ` f"y♦�+• '�'ti;! �,. f�.+�p-;-jsC}� y' Y', �T'^'S`*'�,w`" �;�,�*�"yr,;- +yam_ �� "\ . \`\ - a.y _ a �` r �l� j j�� !��S - -��'- ♦ fi, �"`+.� ra 1f,. is rg't+` +♦.ti. �';'s "}`i'' `..� �•:i .:"� /�" f�'• ti♦`r''�-.."', Alt Allk 4'...1�. °'- r,• �y. « s^ Jw _ 1 ....:.�� t • • ti! .far � •v}••.-•�� - ` i.�. � s .`� moi` �'•''!''��t �. "` � _ ,�n:�' °� a � - WA �. r R �,. y �.•��_.� r.;J, ,: � � Y. 'fir i,� S` ' �?•'�•• i„a�,;. �r:' 4 '*L"'�,+�+..��- ice• v ' ,. � •te •' ` , .rte - '"" � w _ • 'r�-•` M�f�l r •S �- . ted•': ��R.'11 ' s r� `�J `,�+ � _ - r��•+�' ,�"#,�- � ~ .�`�.�. 1 -,�y,,t•�. w. -r: �. a . ..:L `:r` 3 2 s"a. t y'a" • , s 'b Ilk litJI�r1 `._.M: `�s4.S�1t+ �. r +: '.. ` ti, ti� _ } � I.rL t,l''� ` • w AL- • ,�•� 1► + p1� - 1 • •• s. � ,J � al ••. n _- � tea: .- -. r'•, ` .. . ,�� =r. 40P. Ile 713,• .. � �`.' �� . �, �.�: -ate` � � ! lS• � ^. • �...- .• �. r�^i r l �fY'�!' .,1r'" ��ttt��ttt��...______ JJ i•Y" a < '>+ - r t _ '\ � r , 1.i•+? .'{.�• .•� � �^- J7je �1 � •!_ - - - A V { -��Y. til ►. a., ' I / I • • 11 'I I / / ---.,d��L/_tS_G-=-� Cir�� G�X�s i.ovG/��Zu.�.�S i�✓ro — _ TOWN OF SOUTHOLD,NEW YORK DATE Jan., 9., 1975 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1985 Dated December 3, 1974 ACTION OF THE ZONING BOARD OF APPEALS 0£ THE TOWN OF SOUTHOLD To George Stankevich a/c Edna Doll Appellant 6 La Salle Avenue Cranford, N. J. at a meeting of the Zoning Board of Appeals on January 9, 1975 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION.By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................. Section ................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9:45 P.M. (E.S.T.) upon application of George Stankevich, Esq. a/c Edna Doll, Brown's Hills Estates, Orient, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lot with existing -uilding with insufficient width and area. Location of property: North side Private Road-North Drive, bounded on the north by Long Island Sound; east by W. Johnson; south by North View Drive (Pvt. Rd.) ; west by Helen Hass. Fee paid $15.00. 2. VARIANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector( ) be confirmed ( ) be reversed. SEE REVERSE �/ls NG BOARD OF ALS /� FORM ZB4 w arjoriie McDermott, Secretary 1 , After investigation and inspection the Board finds that applicant requests permission to divide lot with existing building, with insufficient width and area, on the north side of Private Road-North Drive, Brown's Hills Estates, Orient. The findings of the Board are that applicant is the owner of a lot comprising 1.81 acres which she wishes to divide into two parcels. The neighborhood has been developed for many years and many of the neighboring parcels which have been built upon are smaller than the lots which would be created by division of applicant's property. The wooded and rolling topography of the property would provide privacy for surrounding neighbors from the existing house or a future house on the westerly side of the property. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, George Stankevich, Esq. a/c Edna Doll, Brown's Hills Estates, Orient, New York be GRANTED PERMISSION TO divide lot with existing building, with in- sufficient width and area, on the north side Private Road- North Drive, Brown's Hills Estates, Orient, New York, as applied for. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Hulse, Doyen. A APPEALS BOARD MEMBERSpF' — SOMailing Address: � !/r�, Ruth D.Oliva,Chairwoman � Q� Southold Town Hall 53095 Main Road-P.O.Box 1179 Gerard P. Goehringert Southold,NY 11971-0959 James Dinizio,Jr. erg ae Office Location: Michael A.SimonQ ApaQ Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman lycou v 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS �� TOWN OF SOUTHOLD QI' Ir•55a•n,. Tel.(631)765-1809-Fax(631)765-9064 JUN 2 6 2007 FINDINGS, DELIBERATIONS AND DETERMINATION $ MMM To' cef MEETING OF JUNE 14, 2007 ZB File No. 6004—Christopher and Amy Astley Property Location: 460 Northview Drive, Orient CTM 13-1-5.2 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. PROPERTY FACTS/DESCRIPTION: The applicants' 35,799 square foot parcel has approximately 130 feet along North View Road, a private road, and +/- 112 feet of depth measured between the crest of the bluff and the front lot line adjacent to the road, with a remaining depth of +/- 170 feet between the top of the bluff and the deeded lot line at the high water mark of the Long Island Sound. The property is improved with a single-story, single-family dwelling as shown on September 25, 2006 survey, revised March 22, 2007 by Joseph A. Ingegno, Land Surveyor. BASIS OF APPLICATION: Request for Variances under Sections 280-10, 280-15, 280-124, 280- 116, based on the applicants' request for a building permit and the Building Inspector's December 26, 2006 Notice of Disapproval, concerning: (1) a screened porch addition proposed at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, (2) proposed additions to the existing dwelling which will be less than 40 feet from the front property line, and (3) a proposed swimming pool with a setback at less than 40 feet from the front lot line. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred to the Suffolk County Department of Planning as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and a County reply dated February 13, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. TOWN CODE CHAPTER 95 (268) LWRP DETERMINATION: This application has been referred to the Town LWRP Coordinator as required under chapter 268, and a reply was submitted to the Board of Appeals with a determination of inconsistency under LWRP Policy 6 Standards with regard to the 100 ft. minimum setback requirement under Section 280-116A of the Town Code, and stating that the property contains moderate to severe slopes. The Board of Appeals held the first public hearing on April 26, 2007, and requested revisions to the applicants' plan that would bring new construction setbacks into more conformity with the Code, in light of the existing dwelling location. An alternative plan was submitted by applicants relocating the porch and reducing its size, and removing the s Page 2-June 14,2007 ' ZBT-ile No.6004-Christopher and Amy Astley CTM No.13-1-5.2 swimming pool, which amendment not only substantially reduced the percentage of lot coverage to meet the 20% code limitation but also allows the ground to remain undisturbed, without excavation within the 100 ft. bluff restricted area. The new construction is also required to conform to code concerning erosion and sediment controls during construction activities to protect the bluff, and as per Code for gutters, downspouts and sub-surface drywelis to control storm water runoff from all impervious surfaces. Area Variance Relief Reguested: The applicants'original request was to construct an addition to the dwelling with a setback at 26.9 feet measured between the closest corner point and the front lot line. Also proposed was a 12.9' x 16.9' one-story screened porch 18.2 feet from the top of the bluff and an accessory 12' x 20' swimming pool proposed in a nonconforming location at 19.4 feet from the front lot line and 5 feet from the side property line, shown on the January 10, 2006 survey prepared by Joseph A. Ingegno. On January 18, 2007, the ZBA received Diagrams A002,A102 A103, A300 A301, amended 1-15-07 from Ryag Porter Architects proposing similar additions for the increased living floor space, a deck and outdoor shower, as well as an unheated 240 sq. ft. accessory swimming pool, noted at 19 feet from the front lot line and 5 ft. minimum from the side lot line. On April 2, 2007, a survey map revised March 22. 2007 prepared by Joseph A. Ingegno, L.S. was submitted by the applicants to show the minimum code requirement of 15 feet from the westerly side lot line, showing a proposed 12' x 20' size of the accessory swimming pool at a minimum of 15 feet from the westerly side lot line and siting of the fence enclosure, revising the front setback for the pool from 19 feet to 17.3 feet at its closest point, and reducing the size of the raised screen porch to 14'10.5"wide by 12'11.5" deep. Amended Variance Request: During the April 26, 2007 hearing, the Board asked the applicant to bring the plan into more conformity with the zoning code requirements, and to provide calculations of lot coverage applicable under Local Law 11-2007, adopted by the Town on March 27, 2007. The applicants requested an adjournment to allow an extension of time to prepare the lot coverage calculations and to submit possible alternative plans, keeping the hearing open for further questions by Board Members until the next hearing calendar (May 31, 2007). On May 10, 2007, William, S. Ryall Jr., Architect submitted revised Site Plans A002 and First Floor Plan A100 both_ dated May 9 2007, agreeing not to build a swimming pool and removing same from the plans, relocating the porch addition farther from the bluff and reducing its size, placing pier foundations under the new porch four feet further from the outer edge of the porch (away from the top of bluff), and submitting lot coverage calculation diagram dated 5-09-07 confirming the allowable lot coverage at less than the code limitation of 20% (based on the estimated 12,831 sq. ft. of land area) with the new construction, as revised. During the May 31, 2007 public hearing, the final May 25, 2007 revised survey map prepared by Joseph A. Ingegno, L.S. was submitted for clarification of the different changes offered by applicant for consideration. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 26,2007 and May 31, 2007, 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: REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 3—June 14,2007 ' ZB'File No.6004-Christopher and Amy Astley — CTM No.13-1-5.2 1. Grant of the alternative revised plan, in this variance application, will not produce an undesirable change in the character in'the neighborhood or detriment to nearby properties. The single-family dwelling which exists was constructed on a lot containing a total area of 35,799 square feet and the dwelling is presently only 31'9" from the top of bluff. The land slopes down significantly from the crest of the bluff to the Long Island Sound in the rear yard, and encompasses a large section of the applicants' deeded land. The applicants' property also has moderate slopes on both the side and front yards making any addition(s) difficult to build. The pool will also be built only 15 feet from the westerly neighbor's side line and would be at a higher elevation than the neighbor's pool. The porch would be 26 from the top of the bluff. The bluff on this property is stable according to the Soil and Water inspector's evaluation, but the property to the east has incurred severe erosion. In discussions with the applicants advising them of the difficulties in their proposal, they agreed to not build a swimming pool, which decreases the amount of overall coverage of the lot by buildings to meet the code limitation, and to move the screened porch to increase the setback from the bluff from the requested 18' to 26', as well as reducing the size of the porch over the existing patio existing in this location. 2. The benefit sought by the applicants cannot be achieved by some method, feasible -for the applicants to pursue, other than an area variance. There is no other location on the property for the placement of a bed and bath addition and a screened porch. 3. The variances granted herein are substantial. The code requires a 40-foot setback from the front yard, and the new addition will be only 26.9 feet. The screened porch would require a 100 foot setback from the bluff, and is only 29'1"from the top of the bluff. 4. The difficulty has been self-created as the applicants chose to plan for additions knowing the setback requirements of the codes. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood.' 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of a bed-and-bath addition and screened porch addition over the existing patio, 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 Oliva, seconded by Members Simon and Dinizio, and duly carried, to GRANT the variance as applied for, as shown on the amended survey prepared by Joseph A. Ingegno, Land Surveyor revised May 25. 2007, and the Site Plans A002 and First Floor Plan A100, both revised May 9. 2007 prepared by Ryall Porter Architects, subject to the following condition: All rainwater should be collected into dry wells as per code (see revised maps, noted above). That this ZBA condition be written into the Building Inspector's Certificate of Occupancy, when issued. . 4 Page 4—June 14,2007 ZBOFIIe No.6004-Christopher ancf Amy Astley `— CTM No. 13-1-5.2 Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving 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 Dinizio (Chairman), Oliva, Goehringer, and Simon. Member Weisman was absent. This Resolution 7;duly ado (4-0). - s J mes Dinizio Jr., Ch9frmid 6/ a(S-12007 pproved for Filing RECEIVED op +jLu� l ( JUN 2 6 2007 SA $h®l Ti n cr J3 n m TOWN OF SOLYTHOLO" PROPERTY It.ECORD CARD w OWNER STREET VILLAGE DIST, SUB. LOQ' - FORMER OyvNER r, 1�1. Ste- Q E r S W, _ TYPE OF BUILDING J RES. '�p ` SFAS. VL. FARM COMM. CB. MISC. Mkt. Value ry LAND IMP. TOTAL DATE REMARK 0 S s 4 d. L'7�o - a-l►a D -'e6 0 2 - _5 a 0 If S 9 2-L11q- Ve-16 ` v oss acr � yD 0 C7in 0 D 5-/a-o / 7S /z/a:31c70 S .S-T�iS�Fa�1 � n yrs ��►, C4s8cci�� 33700�` Imo ab Qg . 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TEST HOL DATA / -/ SURVEY OF PROPERTY SITUATED AT ORIENT TOWN OF SOUTHOhO SUFFOLK COUNTY, NEW YORK S.C, TAX No. 1000-15-01-5.2 1" 20' SCALE : SEPTEMBER 25, 2006 JANUARY 10, 2006 ADDED LOT COVERAGE DATA MARCH 22, 2007 REVISED SITE PLAN MAY 11, 2007 REVISED SITE PLAN MAY 25, 2007 REVISED TO SHOW EXISTING PATIOS TO BE REMOVED AREA = 55,799.45 sq. ff. (TO TIE LINE) 0.821 ac. NOTES; 1, ELEVATIONS ARE REFERENCED TO N.O.V,O. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS: ~ EXISTING CONTOUR LINES ARE SHOWN THUS: --100 2. MINIMUM SEPTIC TANK CAPACITIES FOE A 4 BEDROOM HOUSE 19 1~000 GALLONS. x~ CERTIFIED TO. CHRISTOPHER ASTLEY AMY ASTLEY LOT COV G NOTES: I. BUILDABLE AREA = 12,490 sq. ff. (AREA LANDWARD OF COASTAL EROSION HAZARD LINE) 2.EXISTING BUILDING COVERAGE IS 1,070 sq. fl. OR 8.57% OF BUILDABLE AREA. S. PROPOSED BUILDING COVERAGE (EXISTING HOUSE, PROPOSED ADDITION & PROPOSED SCREENED PORCH IS 1,9~6 sq. ff. OR 15.50% OF BUILDABLE AREA. THIS IS A 80.95% INCREASE FROM THE EXISTING BUILDING COVERAGE 4. TOTAL EXISTING LOT COVERAGE, INCLUDING EXISTING HOUSE, WALKS & PATIOS IS 1,958 sq. ff. OR 15.68% OF BUILDABLE AREA 5. TOTAL PROPOSED LOT COVERAGE, INCLUDING EXISTING HOUSE, WALKS & PATIOS, AND PROPOSED ADDITION, SCREENED PORCH, IS 2,824 sq. ft. OR 22.61% OF BUILDABLE AREA. BREAKDOWN OF LOT COVERAGE AFTER FINAL BUILD-OUT OVER LOT AREA LANDWARD OF COASTAL EROSION HAZARD LINE N,Y,S. LIG, No, 49668 A. Ingegno Surveyor PHONE (631)727-2090 Fox (631)727-~727 I! P,O, Box 1931 ~