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HomeMy WebLinkAbout1000-118.-1-1.4 OFFICE LOCATION: ��®f SO(/j�01 MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) a Telephone: 631 765-1938 Southold, NY 11971 P ®lyOwl�� 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 1, 2017 Re: LWRP Coastal Consistency Review for DAVID BOFILL#7028 SCTM# 1000-.118-1-1.4 DAVID BOFILL#7028 - Request for Variances under Article III, Section 280-15; Article IV, Section 280-19; and the Building Inspector's November 16, 2016 Notice of Disapproval based on an application for a permit to legalize two"as built"accessory buildings and an "as built" accessory deck, at: 1) accessory structures located less than the code required minimum side yard setback of 10 feet, at: 5785 Vanston Street, (Adj. to Wunneweta Pond) Cutchogue, NY. SCTM#1000-118-1-1.4. 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 actions are INCONSISTENT with the Policy Standards and therefore are INCONSISTENT with the LWRP. The as built accessory structures do not comply with Policy 1. which states: 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. The as built structures do not enhance community character in that they do not meet the purpose and intent of setbacks to the property lines. Development that does not meet regulatory setbacks of the Town of Southold results in an erosion of community and landscape character, sets precedent and could infringe on adjacent properties. 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 Office Location: �O�h Or $Q(��yOl Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O.Box 1179 Southold,NY 119710 Q Southold,NY 11971-0959 http://southoldtown.northfork.net D BOARD OF APPEALS DEC ® 8 2016 a TOWN OF SOUTHOLD Southold Town ' Tel. (631)765-1809 Fax(631) 765-9064 Planning Board December 8, 2016 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. # 7028 BOFILL, David Dear Mark: We have received an application to legalize "as built" accessory buildings and an accessory deck. 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 Chairpe n By: �� M-1-1V •+•_wn�..m�r+r:".";"'i4_....-�..aw:'-" 4-71D cA img ��n� 13 , 1Y� SE S MATCH LINE »u v yn Tfl -,_,— � -- -- P• - pq- 13.7 - -�m s lu"I 3 6 - f� Wunneweta 196A(c) p On -�O BOG - P"n- Pond $ TOWN OF a'rr TSA(c1- i SOUTHOL R 1O ¢ NrmEgw rEq rANo, cry asr. 1 --- 3V' 14 03 f' D '.90 �7� "' O mct ,grel R ` epm�� 19 7 a� 8• tW: Ye _�- 6 .n �q ai 24A(c) tRn R s o va \ �••.� �•0 & 12A(0) d' w o' t ry`4146 4 9®'� L9L 161 n� ,� r t' c�i N'�P'�'� \ •I 2 OA(c) cIs 4.2 6 OA(c) ,9 114 11 a,o o aaT on 112A(c) IL-1 m {,,T I AS Lagoon% •.\.` � n 2 � \`. __rte `• �` ) /.,/^� b e'8 J�'2 "'Al aµr ,O 8•\ ...\` /y% n• •� ) 'fir`� "A. 14. L '� g tPlcl _ �S s 9 I GRF4T \'\p 9j h qg 10 �4q�6 r0 \ r / S UNLESS BPAYfiOR1EiLM5E 0.LLPROPERR6 NOTICE ps 'oy. COUN i 'BbR l6M StivNDateglAe � N/U.IN Whftl Um �H-- /J1E WIHINTNE F0110.MNG OSTUCtS. SEVER wN'D MNNTEN/WOEaTERATION SP EOR Real Prop I) Era Nn O —�T—_ DRE 29 H'lDitNJf DISTRIBUTION OF ANY PORTION OF THE wea.ao�.ntb — 3 - County u(Rrt 45 SUFFOLK COUNTY TAX MAP IS PROHIBITED S .rr.i�. �� .wroa..nlH ��L—� Unm WrC Une--�-- �N�SE�-en wITHOIfi WRITTEN PERMISSIONOF THE y ka _ -- - APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ee:$ Filed By: Date Assigned/Assignment No. f lice Notes: House No. 5785 Street Vanston Road Hamlet Cutchogue SCTM 1000 Section-118—Block-01 Lot(s)_1.4Lot Size 25,917 sf. Zone_R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED f b V , LQ )2016 BASED ON MAP DATED May 18,2015 Applicant(s)/Owner(s): David&Colleen Bofill Mailing Address: 1598 County Road 39,Southampton Telephone:-631-283-3444 Fax#: _c/o 631-765-4643_Email:_pcmoore@mooreattys.com NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Patricia C.Moore_for(X )Owner,or ( )Other: Agent's Address:_51020 Main Road,Southold NY 11971 Telephone_631-765-4330 Fax#:_631-765-4643 Email:_pcmoore@mooreattys.com_ Please check box to specify who you wish correspondence to be mailed lo,from the above names: ❑Applicant/Owner(s),or 8 Authorized Representative, or ❑Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED and DENIED AN APPLICATION DATED 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 of Zoning Ordinance by numbers. Do not quote the code.) Article Section 280- Subsection Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal❑has,E has not been made at any ime with respect to this property,UNDER Appeal No. Year . (Please be sure to research before completing this question:or call our office for assistance.) Name of Owner: David&Colleen Bofill ZBA File# REASONS FOR APPEAL(additional sheets may be used with preparer's signature): AREA VARIANCE REASONS. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: The existing 87" x 11'4" shed was built by the prior owner, used by the prior owner and Mr. & Mrs. Bofill as a shed/ boat house. The structure 'is used strictly for storage to store boat equipment and other personal property. It has no water or sanitary, only electricity. The prior owner placed the shed at what he believed was at a.minimum 3'from the property line(the code requirement at the time). When the Bofill's survey was prepared prior to closing the location of the shed was discovered to be too close to the property line. The Bofill's agreed to take the shed "as is" and undertake obtaining whatever permits may be required. The Boat house use is very important to the Bofills because of the existing topography of the property. Transporting of boat equipment and seasonal personal property is difficult and cumbersome with the numerous stairs to the garage. The homes around the Boat basin have historically had boat houses. The adjacent property has a large boat house which was built prior to zoning when the Bofill property and O'Neill property were one parcel. The neighbor,O'Neill, have no objection to the shed where it is located or where it is proposed. The O'Neill & Bofill property owners are jointly coordinating the replacement of the existing bulkhead. (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: The existing small shed can be moved away from the property line 3',however,the existing steps and hill prevent moving the shed more than 3' from the property line. The bank is vegetated and stable, an alternative location would disrupt the bank and would place the shed adjacent to the area of the lot with wetlands and no bulkhead. (3) The amount of relief requested is not substantial because: When the shed was placed on the property the code allowed accessory structures 3' from the property line. A variance from the bulkhead,however,would have been required. The shed can now be relocated on the property without a variance from the bulkhead, however, the required 10' setback would place the shed into the side of the bank. At 3' from the property line, the shed/boat house would continue to be useful for boat equipment storage with no impact on the environment. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The existing location, moved to 3' from the property line is the best location for the shed/boat house. The wood platform will also be cut back(at grade)to not closer than 3'from the property line. The decking will be expanded by 3' to offset the 3' cut off from the side of the decking. The platform and shed/boat house is located adjacent to the bulkhead and the boat docking area. No environmental impact would be created by the minimal relocation of the structure. The Southold Town Trustees allowed the shed/boat house to be relocated, subject to Zoning Board approval, as to the final location from the property line. The 3' setback did not present an issue to the Trustees. (5) Has the alleged difficulty been self-created? (X)Yes,or ( )No. Purchased the property"as is" but the seller would not have waited for the process of obtaining the variances. The Boat house is an important amenity to the Bofill family. Are there Covenants and Restrictions concerning this land: E No. ❑Yes(Alease fundsh conv). 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. Check this box( ) IFA USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to s r your at ney.) Signa a of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) SpWo re me this ot dajoy ary Pubi ` (:7— BETSY A.PERKINS Notary Public,State of New York No.01 PE6130636 Qualified in Suffolk Coun Commission Expires July 18 AP'PLICANT'S PROJECT DESCRIPTION APPLICANT: 'U/�i{.�L(il `� ( ,( /!` DATE PREPARED: 1.For Demolition of Existing Building Areas Please de cribe areas being removed: t . 54grA 0. 3 H.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: r� Number of Floors and General Characteristics BEFORE Alterations: J kecl- as Number of Floors and Changes WITH Alterations: No CV)l ,e, IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: / SSS 9-tl� Proposed increase of building coverage: 2:/! -X ' Square footage of your lot: Percentage of coverage of your lot by building area: Z V.Purpose of New Construction: FrMC J'rrac �L.p�� rk7�X.r.�' hOC3&e 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): Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject emises listed on the real estate market for sale? Yes No B. /Are there any proposals to change or alter land contours? No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? 2.)Are those areas shown on the survey submitted with this application? 3.)Is the property bulk headed between the wetlands area and the upland building area? 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of'urisdiction? Please confirm status of your inquiry or application with the Trustees: f 1(v t and if issued,please attach copies of permit with conditions and approved survey. 4-o A D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ND E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? NO Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? e.S If yes,please label the proximity of your lands on your survey. & I. Please list present use or operations conducted at this parcel S(� / and the proposed use 5W / b0007 In'Ooss-e . (ex: existinj single family,proposed: same with garage,pool or other) Autho ' e signature and Dater FORK X0. 4 TOWN OF SOUTHOLD BUII.DING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. . . . . . . Date . . . . . . . . . . . . . . . . .7=9. . . .9. ., 19.75. THIS CERTIFIES that the building located at Tainston. Road. . . . . . . . . . . . . Street Map No. g$ A. *pt- . Block No. . . . . . . . . . .Lot No, .Mixon .sub -30 ,Z2. . .Cutchogue N*Yo conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . . . . . .&pr,it . .8, 197.5 . pursuant to which Building Permit No. 78422. . dated . . . . . . . . . . . . _April. ...8., 19 was issued, and conforms to all of the require. ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . • .Private• -ane• family -dwelli-ng•wd--th- an -add-Rion - •(deck.etc). . The certificate is issued to . . ,iehn. 4i,- Glarke• • •owner . . . . . . . . . . . . . . . . . . . . . . .. . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval K.11 0. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . UNDERWRITERS CERTIFICATE No. T:.R.. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . HOUSE NUMBER . . . . .578x- . . . . Street . . . .V,&car ton-iioad. . . . . . . . . . . . . . . . .. . . . . . i . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. .. . . .. .. .. . . . . . . . .... . . . Building Inspector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No 219130 Date JUNE 11, 1990 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property. 5785 VANSTON ROAD CUTCHOGUE House No. Street Hamlet County Tax Map No. 1000 Section 118 Block 01 Lot 1.4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEB. 26, 1988 pursuant to which Building Permit No. 167852 dated MARCH 10, 1988 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 REPLACE EXISTING ONE FAMILY DWELLING WITH NEW ONE FAMILY DWELLING. The certificate is issued to ANNE & THOMAS HIGGINS (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO._ PENDING SLIP 6f11/90 PLUMBERS CERTIFICATION DATED PERFECTION PLUMBING 7/5/89 ja-c-4 �- X-ex�- Building Inspector Rev. 1/81 I FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-32192 Date: 02/08/07 THIS CERTIFIES that the building ALTERATIONS Location of Property: 5785 VANSTON RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 118 Block 1 Lot 1.4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 27, 2006 pursuant to which Building Permit No. 32572-Z dated DECEMBER 15, 2006 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 "AS BUILT" BASEMENT ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to THOMAS & ANNE HIGGINS (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO_ 114408H 01/22/07 PLUMBERS CERTIFICATION DATED 02/07/07 THOMAS HIGGINS A horized Signature Rev. 1/81 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM:This form must be completed by the applicant for any special use permit, site plan approval,use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: CxD l l-e- n S o 2. Address of Applicant: t 5`1 8 Gil 23 9 SOL6%k O Y)M-6 n 3. Name of Land Owner(if other than Applicant): -t5c,m-e. 4. Address of Land Owner: 5. Description of Proposed Project: •S 7 95- n`-Osiz" (Z on d 6. Location of Property: (ro d and Tax map number) 1(o o o -- 1 ( 01 — 0 t — I L4 7. Is the parcel within 500 feet of a farm operation? { } Yes { } No 8. Is this parcel actively farmed? { } Yes { }No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2- 3. ' 4. 5. 6. (Please use t f this page if there are additional property owners) Si a of Applicant ate Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions for Completin� Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 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 1-Project and Sponsor Information -130-F-c L I 4-ec% Name of Action or Project: D aLx�4 a D W a,,vt4 Co l r e ri go"o�s „ , Project Location(describe,and attach a location map): f�-�{ Brief Description of Proposed Action: 1-2k&c1Voce& house! , 4v W o C4,ka r fvom rop" )rote a/Vw cAd lvice ck- deco 4v 3 )t vLL Name ofApplicant or Sponsor: Telephone: 63(—Z�3 y CSC_f E-Mail: Address: City/PO: L1 State: Zip Code: at,e'I-Gtc�i, .mac -Y 1,41q 98 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage ofthe site of the proposed action? 5 acres b.Total acreage to be physically disturbed? D acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? Ld LSD acres `. 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial Wesidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Pagel of 4 S. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? ✓ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ✓ 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: 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES V b.Are public transportation service(s)available at or near the site of the proposed action? N fA c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 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: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water:.�It'f 11.Will the proposed action connect to existing wastewater utilities? p n NO YES If No,describe method for providing wastewater treatment: 12, a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain f NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: �ri M/QWLtXGE ����.Q��,c nrQr9 14. IdeptifY the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ITShoreline 11 Forest ❑Agriculturallgrasslands ❑Early mid-successional 13 Wetland 17 Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? ✓ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? dNO[7 YES b.Will storm water discharges be directed to established conveyance systems(runggand stone drains)? If Yes,briefly describe: ITNO 0 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: ✓ 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? IfYes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? IfYes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor n c Date: Signature: Part 2-Impact Assessment The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept`have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate 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 treatmenf 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 occur 10. Will the proposed action result in an increase-in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ 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 ifyou 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 Board of Zoning Appeals Application AUTHORIZATION (Where the applicant is not the owner) We,Dave Bofill&Colleen Bofill, residing at 5785 Vanston Road, Cutchogue,New York do hereby authorize my attorney,Patricia C. Moore,to act as our agent and apply for variance(s) on my behalf from the Southold Zoning Board of Appeals 40r's ignature 66, :�� owner's signature APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) 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: BOFILL,DAVE&COLLEEN AND MOORE,PATRICIA 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 or company name.) NATURE OF APPLICATION:(Check all that apply.) Tax Grievance Variance X Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees 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 Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself(the applicant) and the Town officer or employee. Either check the appropriate line A through D(below)and/or describe the relationship 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 than 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� day of Signature: SANDRA UHOMMEDIEU NOTARY Pl IBLIC-STATE OF NEW YORK NO.0I LH5081255 QUALIFIED IN SUFFOLK COUNTY? VE OFILL MY COMMISSION EXPIRES JUNE 30, COL ILL is C.Moore Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. 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 Pelmits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# I I ,&— The Application has been submitted to(check appropriate response): Z A Town Board © Planning Dept. 0 Building Dept. 0 Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: t`� e (p-t 0) � a'y� 5 I ss 10D-EQ a Location of action: vF-7 8 VCK rts5( n act / CJ�t-F�y2 Cq1vP— Site acreage: .25� 9 ` -7 - 2-8 Present land use: I QC's cC-\e� SVVUc�-tJ7z°S ham Present zoning classification: i 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: �C�1-LC�JI i,S�� (b) Mailing address: i i (c) Telephone number:Area Code( �5 `f Lf u (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No U If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. &Yes ❑ No ❑ Not Applicable L-N k 5 t-vha © %C � IJ Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LVW Section III—,Policies Pages 3 through 6 for evaluation criteria E Yes ❑ No 1 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 0 No © Not Applicable 72 cue - ln(a,.t se/ 5 AA cu WAz-M t&S MPaAs n 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 —Policies Pages 8 through 16 for evaluation criteria Yes © No EdNot Applicable M GtJyY1�.rG'r. 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 0 Yes 0 No U Not Applicable 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. 0 Yes ©No Not Applicable 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 RNot 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 1-1NoIBJ 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. 0 Ye❑ 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 WRP Section III—Policies; Pages 47 through 56 for evaluation criteria. R Yes F1 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 1-1No LJ 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 forevaluation criteria. ❑Yes ❑ No M Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Poli=Not s 65 through 68 for evaluation criteria. ❑Yes [:1 NoApplicable Created on 512510511:20 AM ' /.�.cj...•r - it . 04 _ �: CARD . ,. TOWN OF SOUHO _-PROP���''� R Q/0.ou l /. T - r — VILLAGE ` DIST. SUB. LOT }WNER STREET . !��'1:!i!-1 4•�� %Y: dti.�'�01�'%� $ �.- �!1 l�'.�•p 11 LC � jJ _ er�sfts' P. su.R E ACRS. ,ORMER `OWi�i J - - n+��s.q� ,�: 7sI. h�✓' ` �{ tiN - 4d•Mr��trsj/'"'A 1oA117 W .E OF BUILDING to)TA5 Ac vi s : •�`_ C.D.MaoJ��C � IPl3 _ A VL, FARM COMM. CB MICS. Mkt. Value - - -•-_'_-- oS SEAS U) •, uNwi IMP. TOTAL DATE REMARKS LAND a A ` / d /e9`00 3Sod °! 7173 7/7/73 (.f1;mdx / 7 -1 d / Ov 7o 0 — 4.U do kr + N �//' 7� S X77 SQLDCFp141 . 13 CLAR � %o bdC54 FZ Gro i e � r co�J r- �",�" %I 2-00 3 ( 07 1r 8rS 11� .3`� cfQm��i s?� ezFr old � J las oo ; LO an 6tud� Ln LD i2 �r j�5- icer 11 �l,goa� M f� v r FRONTAGE ON WATER q,;..�- UN 1 0,� 1 r / • 2'� m illable 00 FRONTAGE ON. ROAD ' - m +oodland IDEPTH a2 1i F m seadowland LO BULKHEAD Ouse Plot • ' 3 .. l-- aT f J r'S4 S (•r -V 4 Sh 1 f �, S .._-._ ._- . _ •�� y r +- 1f ,,, �ri'� � _ ■■■S■■iiis■■i■■■ �fi■■viii' �_■�1 ■■ii■■/■■i!!■■ii■■° ■■! �m '��A■ LL url Ar F {.�, . -:� iii■■ - . 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Y <• � t ie� ylia : t `` 4. { Y��'�_, ..Li�� ' - f - . ^r - r `A y ` i' t j�00� � t y ` b �� '' �. •y� � j IF 4—Im BOFILL ` � a�:• 1 �y T t_. `� -�4 �� �'7., _ „- - ��� "sc tic a•'� � tiP. 't'„ .�•-.. - 6 - a SCTM: 1000-118-1-1.4 f F FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: November 16,2016 TO: Patricia Moore(Bofill) 51020 Main Road Southold,NY 11971 Please take notice that your application dated September 1, 2016 For permit to legalize two"as built"accessory buildings and an accessory deck at Location of property: 5785 Vanston Road, Cutcho ugue,NY County Tax Map No. 1000—Section 118 Block 1 Lot 1_4 Is returned herewith and disapproved on the following grounds: The proposed accessory garage on this 25,917 square foot lot in the R-40 District is not permitted pursuant to Article IV Section 280-19, which states; "Accessory buildings shall be subiect to the same requirements as 280-15 of the Agricultural Conservation District,"which states, "In the Agricultural-Conservation District and Low-Density Residential R-80,R-120,R-200 and R-400 Districts accessory buildings and structures or other accessory uses shall be located in the required rear ard." Section 280-15 which states that,on lots measuring between 20,000 and 39,999 square feet in total size, the minimum required setback is 10 feet. The"as built"accessory deck notes a side yard setback of 0', the"as built"accessory structure closest to the water,has a side yard setback of 0' and the"as built"accessory structure closest to the house,notes a setback of +/- 1 foot. Z�horize Cc:File, ZBA SURVEY OF PROPERTY SI T UA TED A T NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000- 118-01 - 1 .4 SCALE 1 "=20' MAY 18, 2015 OCTOBER 20, 2016 ADD LOT COVERAGE TOTAL AREA = 25,917 sq, ft. (TO TIE LINE & BULKHEAD) 0.595 ac. MAP AINT" (A WETLANDS AREA = 470 sq. ft. AMEND AU po CpUNTY UPLAND AREA = 25,447 sq. ft. ttl A�'�" pF' SUFFOLK O lv FI THE CLAS FILE No 1 g6 ONE AUGUST 016, 1922 AS FILED IN 279.30 793 9 � J III, J U1 c So � 7o.;,) LOT 0 , N RECEVLL FOUND CONE all. m 11 0 109.70' "' "" DEC 0 7 .. ....................... ... .......................... ........ c� -t Z f o 20NINo-EQARD OF m .. ................. m jA'o e 7 77 APS''p{ L•� ........ ........... S 15003949" r^ GREENS " Z ROW OF EVER ........... 13077 20.05' o N $Oe E09 02' . ......... r my CURB S\0 a �p yo o 0 07042906'9 x O.L O S '� �^P�,P9 cy9� 0 FS m p z� WOOD TIE � ,�oOS�FQ o ° o S o 09 S 0 7 E Z e, WOOD.STAKE d.. 1A'S. I 4l �O. F°4� GyQiy Jia a]m 9.91 d LECTRIC METER ° ° O G 6C00 9FlO/q v Z v O k C�ReN o o v. 'L� g5 °° ,�4 ' FLAG eG!'F�yoo/cy�L-9TF Q Ix dq ° O n IL O�1 'P" �� ; O�Pc� =5' �., 1 tea.: C' " '�• `' ` f f �O .v' °Oyc r'i Q�op o eG O v u_ A 69 G) _ s WOOD STEPS Py o tiO' y� & LANDING E9p SQ a �d °` P e GJRg °°- Ln0 ° �° d \,CCS °� C77 h9 l 1 Y f -3o O G ° e `YofO v a OE\ �1P t^oO C.6y'o. 7 0 f� ° 1 y0y�y OR\C� °000 9 GN\�1tJ�` \PS 4 �� SET WOOD WOOD Fm 11.8' DECK U' ONER�OSJ STEPS HED No.ME2 TOE NAIL OF BANK SHED ON DECK , e 0 WOOD DEC .4'N. �I W J+� I �OOOOO OE RAMP , WALL 0.7EN. O7 O '. O.L. d' 11.4 0.4'N. 27 6 N Z �La tO G-1 °�C I t �y I O y c C �.�' � �� O T!, 000 � FRAME SHED " P SHED SHED No. <Zz.v �� m ( op GP(E UTIUQY POLE O.L SET D STAKE �at� WATER METER / WOOD WALK O CD •� ROW OF EVERGREENS WALL �5/ 0.3'N- O . .......... .. .......... ..... O 58' 145. Fp0 Qti .. .......... FINAL MAP e ....WOOD POST a - D E OF ASPHALT DRIVEWAY / S oN� ° ° SOR�Oa 40,3077 Wv N/0/1•� 00 NEILL REVIEWED BY ZBA PETER E� , DIANA SEE DECISION # 0 y ' DATED Tpf►� Pe PREPARED tl STANDARDS INORCTITLE SURVEYSNCE ASAS ESTABITH THE LISHED l / BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. ZhFt C 0 ZT •,; z �1 LOT COVERAGE OVER TOWN OF SO UTHOLD BUILDABLE LAND AREA BUILDABLE LAND AREA = 25,447 sq. ft. : DESCRIPTION AREA % LOT COVERAGE k�7 HOUSE 2,058 sq. ft. 8.1% Y.S. Lic. No. 50467 UNAUTHORIZED ALTERATION OR ADDITION ROOF OVER PORCH 404 sq. ft. 1.6% THIS SURVEY IS A VIOLATION OF SE HNathan Taft Corwin III SECTION 7209 OF E NEW YORK STATE REAR WOOD DECK 590 sq, ft. 2,3% EDUCATION LAW. COPIES OF HIS SURVEY MAP NOT BEARING Land Surveyor OUTSIDE SHOWER 50 sq. ft. 0,2% THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED SHED No. 1 104 sq. ft. 0.4% TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isaksen, Jr. L.S. SHED No. 2 ONLY TO THE PERSON FOR WHOM HE SURVEY Joseph A. Ingegno L.S. 132 sq. ft. 0.5% IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — Construction Layout HEREON, AND TOTAL EXISTING 3,338 sq, ft. 13.1% TONTHE AS GINEEIS OF HEED LENDING INSTII— TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. PHONE (631)727-2090 FOX (631)727-1727 MAXIMUM LOT COVERAGE OVER BUILDABLE LAND (ZONE R-40) = 20% THE EXISTENCE OF RIGHT OF WAYS OFFICES LOCATED AT MAILING ADDRESS AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 16 ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 35-071 A