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HomeMy WebLinkAbout1000-56.-5-26 OFFICE LOCATION: o��OF SO(/jyOl MAILING ADDRESS: Town Hall Annex O P.O.Box 1179Y 54375 State Route 25 Southold,N 11971 (cor.Main Rd. &Youngs Ave.) N �pQ Telephone: 631 765-1938 Southold, NY 11971 COUN LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals r From: Mark Terry, Assistant Town Planning Director LWRP Coordinator Date December 19, 2018 Re: LWRP Coastal Consistency Review for ZBA File Ref JOHNNY S. DONADIC AND STEVE DONADIC 47235 SCTM# 1000-56-5-26. JOHNNY S. DONADIC AND STEVE DONADIC#7235 - Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's September 4, 2018,Notice of Disapproval based on an application for a building permit to reconstruct an accessory in-ground swimming pool; at; 1) more than the code permitted maximum lot coverage of 20%; at: 325 Willow Point Road, (Adj. Budd's Pond/Canal), Southold,NY. SCTM#1000-56-5-26. 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, the proposed action is recommended as CONSISTENT with the LWRP. This recommendation was based upon the following: This parcel was granted a variance for lot coverage not to exceed 23.6% in Appeal#4602 dated 10/8/1998 (ZBA File 6689 in 2013). Lot coverage not exceed 23.6% (or 4,289 square feet) at any time now or in the future (Appeal No. 4602 in 1998) _- The in ground swimming pool was shown on the survey at the time of the 2013 decision. It is recommended that a pool de-watering well be designated or required to further Policy 6. 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 i BOARD MEMBERS Southold Town Hall ®F Leslie Kanes Weisman,Chairperson SO 53095 Main Road•P.O.Box 1179 �� �® �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes C, Town Annex/First Floor Robert Lehnert,Jr. ® �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��c®� Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064T SH 072018 September 7, 2018 3 aSou?hold sown Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #7235 Donadic, Johnny/Donadic, Steve Dear Mark: We have received an application to reconstruct accessory inround 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 Chairperson By: Encl. Survey/site plan: Lisa McQuilkin Land Surveying, dated May 24, 2017 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: March 27, 2018 RENEWED: June 12,2018 RENEWED: September 4, 2018 TO: Patricia Moore(Donadic) 51020 Main Road Southold,NY 11971 Please take notice that your application dated March 14, 2018: For permit to reconstruct accessory in-ground swimming pool at: Location of property: 325 Willow Point Road Southold,NY County Tax Map No. 1000—Section 56 Block 5 Lot 26 Is returned herewith and disapproved on the following grounds: The proposed construction on a non-conforming 18 217.38 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124, non conforming lots which states lots measuring less than 20,000 square feet in total size requires maximum lot coverage of 20%. The survey shows lot coverage at 22.309%. Authorized Sigi tt Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. i APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ee:$ Filed By: Date Assigned/Assignment No. ffice Notes: House No. 325 Street Willow Point Road Hamlet Southold SCTM 1000 Section_56 Block 5_Lot(s)_26_Lot Size 18,217.38 Zone_R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 8 BASED ON MAP DATED44&" Applicant(s)/Owner(s): Johnny S.Donadic&Steve Donadic Mailing Address: 325 Willow Point Road,Southold Telephone:-718-361-9888_ Fax#: _c/o 631-765-4643_Email:_pcmoore@mooreattys.com ------- -NOTE:-In-addition-to-the above,-please-complete below if application-is-signed-by-applicanPs---___ attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Patricia C.Moore Esq. for(X )Owner,or ( )Other: Agent's Address: 51020 Main Road,Southold NY 11971 Telephone_631-765-4330 Fax#: 631-765-4643 Email: vemooreAmooreattys.com Please check box to specify wlto you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or 2:Authorized Representative, or ❑Other Name/Address below: -6/Z Z-1114 WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 4445�W and DENIED AN APPLICATION DATED 3/14/18 FOR: E 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 IV Section 280-17 Subsection—A Type of Appeal. An Appeal is made for: E 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 anytime with respect to this property,UNDER Appeal No. _4602 Year 9/24/98 and#6689 dated 19/17/13 . (Please be sure to research before completing this question:or call our office for assistance.) Name of Owner: Donadic ZBA File# REASONS FOR APPEAL(additional sheets may be used)vith 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: Proposed: Owner wishes to replace existing swimming pool (built in 1977 with CO) in kind and in plaee, and connect backwash to existing dry well(to code),all as shown on Site Plan prepared by Donadic dated January 25,2018 The house was recently renovated and the existing swimming pool experienced some storm damage. The existing pool is to be replaced. The property has been improved with a swimming pool since 1977. The existing improvements are the subject of lot coverage variances. The lot coverage was calculated with the existing pool and the total lot coverage of all improvements is 22.309%. The variance for the house and gazebo was approved at 23.6%,the proposed pool was already included in the approved lot ----- -- -coverage.---The owner is-reducing-the approved lot-coverage-to-22:309..;7- - -- -- ------ -_ - (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 swimming pool needs to be replaced due to damage to the liner. The owner purchased the house with the pool and prior owners received lot coverage variances with the existing pool. Since variances run with the land and the house was renovated with the approved lot coverage which included the swimming pool,this variance should not be required. The amount of relief requested is not substantial because: the lot-coverage proposed-is-22-.309-9-//o; Leo-er-age=is less=than"approved by_pr-ior variances (2`.9_%).rThis--appeal is requestmg.less-lot coyprage=than was=previodsly granted. The Board has ranted 23.9o/o=an-d I"�reduced`the lot coverage to 22.309%. (4)`Ttie`variance will NOT have an adverse effector impact on the physical or environmental conditions in the neighborhood or district because: the pool and patio will have proper drainage, is set back from the bulkhead, and the water-body is a man-made canal. The existing patio remains on grade. The area landward of the bulkhead has a non-turf buffer as required under previous-approvals. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No. The house was purchased with a swimming pool and lot coverage variance was granted for the improvements. Are there Covenants and Restrictions concerning this land: E No. ❑Yes(please tarnish cony). 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 co strl yot ur a orney.) St of Appellant or Authorized Agent Sworn (Agent must submit written Authorization from Owner) o b fore me this Y of v— 20 All A ary Public BETSY A.PERKINS Notary Public,State of New York No.01 PE6130636 Qualified in Suffolk County. Commission Expires July 18, 2 ' I APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Johnny Donnadic Date Prepared:March 12, 2018 I. For Demolition of Existing Building Areas NONE Please describe areas being removed: swimming pool replaced (House not to be demolished) II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first'floor extension:NONE 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 Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas:NONE Number of Floors and General Characteristics BEFORE Alterations: I Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 22.309% Proposed increase of building coverage: 0 Square footage of your lot: 18,217.38 Percentage of coverage of your lot by building area: 22.309% V. Purpose of New Construction Requested: Replace in kind & in place swimming pool VI. Please describe the land contours (flat, slope%, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): Property adjacent to Budd's Pond canal (Bulkhead) Please submit seven (7)photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject pre i es listed on the real estate-market for sale? Yes No B. Are there any proposals to change or alter land contours? VNo Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? yer, aCJ 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? yes 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? ✓ Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. —_----- ---- - - - -–- - ---- D. Is there a depression or sloping elevation near the area of propos_ed construction aft-o-F- --- below five feet above mean sea level? AJV 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? Nb 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? N-a If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel WI mntlgA yc>f and the proposed use t7(C(eA xW(m rVLvtno, cSb (ex:existing single family,proposed:sai a with garage,pool or other) A rtzed signature and Date svFFo�� ,;. rr�tiO CQG Town of Southold 5/25/2018 r }'T, P.O.Box 1179 53095 Main Rd ,a Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 39658 Date: 5/25/2018 THIS CERTIFIES that the building ADDITION/ALTERATION Location of Property: 325 Willow Pt Rd, Southold SCTM#: 473889 See/Block/Lot: 56.-5-26 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated _____-_-_.8/28/2015 __ pursuant-to-which,Building]PermitNo. - - 40103- dated- - --9/22/2015- 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: alterations and additions including sunroom with outdoor spiral stairs to rooftop deck to an existing one family dwelling as applied for per ZBA#6689, dated 10/17/2013. The certificate is issued to Donadic,Johnny&Donadic O A Trust of the aforesaid building. , SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 40103 6/20/2017 PLUMBERS CERTIFICATION DATED th riz d ignature rom NO. 4 TOWN OF SOU!"HOLD BUILDING DEPARTMENT Town Clerk'e 011ie Southold, N. Y. Certificate Of Occupancy No. �.3 Date . A C... .Z�. . ... 19.,7. THIS CERTIFIES that the building located at toP1. k& ,. .. .. . Street Map No.W&6-w.t?k Block No. . .Y,. . Lot No.�V. 4 . . .//-Y" conforms substantially to the Application for Building Permit heretofore filed in this office Fapplicalble 19 W pursuant to-whichBuildingPermit No:dated . . . 19.77, was issued, and conforms to all of the require• ments of th provisions of the law.The occupancy for which this certificate is issued is u The certificate is issued to !Q . . . .. . (owner, l ee^.lent) of the aforesaid building. ,�r Suffolk County Department of Health Approval. !v �2 . . . . . .. .. .. . . . ... . UNDERWRITERS CERTIFICATE No. .Af-:�(9.Pzi.Q.,//..}. . .4 r! .0 . ./� 3-7.. &J��-�:J HOUSE NUMBER . 3 a..1 .. Street . . .il;�::-:4 . . ..NS; p . . . . . . . .. . . .. . . . ... ..... . .. .... . . .. . . Gu . Building Inspector .. .lor- . RECEIVED AUG 2 9 7.013 BOARD OF APPEALS FORK NO. 4 TOWN OF SOUTHOLD BUR DING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No. Lg. Date . Oct . . . . 6 . .. . . .. . . .11971. THIS CERTIFIES that the building located at W133.ow. r ti Xomd. . . . . . . .. Street Map Nogtilow• ,Rt• . Block No. . .. . . . . .Lot No. .24. . . . . . aouthold. .. .. .. . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated ..; �i►r ril.. 161 6971.-pursuant to which Building Permit No. -5.214.51,. . dated . . . .xRrtl . . 16, , , 1971 ., 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.one .family. dwelling . . . . .. . . . . . . . .. . . . ... . .. .. ...... .. . . . The certificate is issued to C J:1 f f or .C ornel3.. . . Wr:Er• . .. . . . ... . .. . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval EC S: C/O Issued subject to installation of t-ath tub tiling House 025 . . . 1.i,, . . .�.. . .��:. .. . .. . . . . .. . Building Inspector f (yiv� RECEIVED AUG 2 9 7013 BOARD' OF APPEALS FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold,N.Y. Cerfificate Of Occupancy No. Date .. . .. .. . .June8 . .� . . .. .. . ... ,. 19 8�f ,J THIS CERTIFIES that the buildifig AdOAtiPP.. . . .. .. . . .. . ... .. . ... . . . ... .. . ... ... .. Location of Propertyf/ouse No5 .W7.x..1Vv. AQIat..RQ�d. . .....S9V h4Id..... .. Street �Namlei County Tax Map No. 1000 Section . 056. .. .. ..Block . .. .5. .Lot ?6 f .. . .. • ... . . .. .. .... . 1 1 Subdivifion.. . . . . . . . . . .. . .. .. .Filed Map No. . . . . . ...Lt t No. .. .. .... .. . . . _conforms-substantially__to the Application_.for-Building_Peimit-heretofore-filed-in_this-office dated-- --- --- - - . Au$: • 8 . . . . . .. .. , 19 A3 putsuant to which Building Permit No. .1269.4,7. . .. . ... .. .. •dated . . . . . 0G t.. .1.4... . . .. .. .. . . . 19 03 ,was issued,and conforms to all of the requirements of the applicable provisions of the law.Tile occupancy for which this certificate is issued is .... .. .. . add garage. and, �t;orae •to. exintin , dwel3ing.. .., . . . . . . . The certificate is issued to . . . .Clifford,,&,Ruth Cornell fowne�. lSDCG3676id .. . .. . . . .. ...... . . ... of the aforesaid building. Suffolk County Department of Health Approval . .. . ...,R/.Q.. .. . ... . .. . ... . . ... . UNDERWRITERS CERTIFICATE NO. . . . . ... . .. .... A 6 4 05 2Q. . . .... .. .. .. . . Building Inspector nev.1/84 � 42ECEIVED ��� • 1 AUG 2 9 7013 BOARD OF APPE=ALS FORM NO. 4 - TOWN OF SOUTHOLD � RECEIVED BUILDING DEPARTMENT office of the Building Inspector AUG 2 9 2013 Town Hall Southold, N.Y. BOARD OF APPEALS CERTIFICATE OF OCCUPANCY Not Z-27094 Date: 05/22/00 THIS CERTIFIES that the building ALTERATION Location of Property: 325 WILLOW PT RD SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 56 Block 5 Lot 26 Subdivision Filed Map No. Lot No. -- - - -conformo-oubstantially--to--the-Application-for-Building-Permit-heretofore - ----— filed in this office dated MAY 10, 2000 pursuant to which Building Permit No. 26498-Z dated MAY 12, 2000 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this Certificate is issued is ALTER & ENLARGE EXISTING PORCH TO A SUNROON IN EXISTING ONE FAMILY DW$LLIEQG AS "pLIND FOR nAS BUILT". The certificate is issued to THOMAS & LYNDA S. MANIUSZICO (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. PENDING 05/22/00 PLUMBERS CESRTIFICATION DATED N/A ­ ,�'�'�� ,� 2lAut rized Sz ture Rev. 1/81 FORM NO. 4 TOM OF SOUTHOLD BUILDING DEPARTMENT ' RECEIVED Office of the Building Inspector Town He'll AUG 2 9 2013 Southold, N.Y. BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-26053 Date: 10/22/98 THIS CERTIFIES that the building ACCESSORY Location of Property: - 325 WILLOW PT RD SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Sections 56 Block 5 Lot 26 Subdivivion Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 2, 1998 pursuant to which Building Permit No. 25254-8 dated OCTOBER 20, 1998 wan issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY GUMBO AS APPLIED FOR "AS BUILT" & TO CONDITIONS OF SBA #4602. The certifiante is issued to CLIFFORD C & RUTH CORNELL (OWN=) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF H13ALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO_ N/A PLUMBERS CERTIFICATION DATED N/A Build Inspect Rev. 1/81 -c'-��-•---�3�-�.-..per------_.._.---_._._..____r.._-----------------_ .___._.. APPEALS BOARD MEMBERS pS�FF04 pd OG Southold Town,Hall Gerard P. Goehringer,Chairman C 53095 Main Road James Dinizio,Jr. P.O.Box 1179 Lydia A.Tortora Southold,New York 11971 � � � Lora S.Collins �fj0 �O� ZBA Fax(516)765-9064 George Horning 1 Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEEIING OF SEPTEMBER 30f 1998 Appl. No. 4602--CLIFFORD AND RUTH CORNELL 1000-56-S-26 —�� -- - -STREET&LOCALI'iY: Lot-#24 at-Willow-Pointf 325-M illow Point-- Road, oint-Road, Southold DATE OF PUBLIC HEARING: September 24, 1998 FINDINGSOFFACr RROPERTY FACTSIDESCRIPTION: The above-referenced property is located along Willow Point Road with frontage along an underwater canal (Budd's Pond), Southold. The June 5, 1998 survey map prepared by Joseph A. Ingegno, L.S. shows that the property size is 18,216.04 sq. ft., or .418 of an acre in size (to the filed map line). The property is Improved with a one-story frame house with attached garage, sunroom and wood deck areas. Accessory in-ground swimming pool and gazebo structures exist in the rear yard (north of the dwelling). The property has 1.1.0.04 ft. of bulkhead, and a wood retaining wall near the northerly edge of the in-ground pool/deck areas. BASIS OF APPEAL: Building Inspector's September 4, 1998 Notice of Disapproval with respect to the "as built" 2.8 ft. setback, and two other Notices of Disapproval dated July 28, 1998 with respect to lot coverage and Section 100-33. (Note: Section 100-2446 for nonconforming lots). AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Applicant has applied for a building permit for the"as bullt"78 sq. ft. accessory gazebo structure which is located in the northeasterly yard area, at a set back of 2'9"from the side property line, Instead of the minimum 3 ft. required by Code. Also requested Is a total lot coverage of 4,289+- sq. ft. calculated for all building area, which is confirmed by the Building Inspector to be 646 sq. ft. over the allowable 20% (3,643 sq. ft. + 646 sq.,ft. = 4,289 sq. ft.). The total lot size is 18,216 sq. ft. Page 2 - September $0, 1998 Appl. No. 4602: 1000-56-S-26 (Cornell) Southold Town Board of Appeals REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirablethange in character of neighborhood or a detriment to nearby properties because the gazebo is a small decorative structure with open sides located in the rear yard. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the swimming pool was built in 1977 and the decks were built in 1983, all In accordance with permits issue by the Town Building Inspector. Requiring the removing of enough of the existing structures to bring the total lot coverage down to 20% is not feasible. In addition, requiring the applicant to move the gazebo three inches to meet the side yard setback is not necessary _because the structure is located in the rear_yard where three inches_will not be noticed. (3) The requested area variance is not substantial. The gazebo will add 78 square feet, less than two (2%) percent, to the total lot coverage. (4) The situation is self-created. (5) In considering this application, the Board deems this action to be. the minimum necessary and adequate, and at the same time preserves and protects the character of the .neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the variance, as applied for, SUBJECT TO THE CONDITION that the lot coverage not exceed 23.6% (or 4,289 square feet) at any time now or in the future. VOTE OF THE BOARD: AYES: -MEMBERS GOEHRIN ER, DINIZI61 TORTORA, COLLINS, AND HORNING. This Resolution was dulyed -0RNA ). GERARD P. GOEHRIN , 10/r/98 RECEIVED AND FILED BY Approved for Filing THE SOUTHOLD TOWN CLERK ******* ******************** DATE/v/X/9KHO1M I.',010P41 1000-56-6-26 (%4�& 99, Town Clerk, Town of Southold SURVEY OF I LOT 24 CANAL LEADING TO BUDD'S POND NAP OF SUBDIVISION s 31T262v c I tn.o4 �•'"' r.c uo. 43 WILLOW POINT to. w SITUATED Ar AMOMAUE OWNHO SOUTHo D SUFFOLK COUNTY, NEW YORK S.C.TAX No.1090-36-05-26 •• i •1 i 0. SCALE 11=20• 1 r /m¢S.1993 v .` 1 ..r"•r j S 90,u.wu 19.211Tp u OAII It 6 os_ se I �1 1 = - .� �. .•• Cowa,MJtM ILO 011[,N3a9Y.C/WY.un � r v1`0M1110 x t •, WAV 5k t'6 Tp.ty 1 4.ttt,�T_._.j - n?• S 3T2S•Itl M iw293.79• �•4•. t• •Steffi ' 49.94• • Jy�f • .r +• WILLOW Ot c� iM Joseph A Ingegno Land Surveyor 1 `�� Iwsa�tJtn.lat ,.n�nm-x11 of 915 a.mle�✓ W ymin RECEIVED AUG 2 5 2013 BOARIX) OF Ar"':•;� S AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be coittpleted by the applicant for any special use permit,site plan approval, use 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 239= nt dttd 239-it of the General Municipal Law. 1)Name of Applicant: b o 0a(C- 2) e2)Address of Applicant: ZS o c 3)Name of Land Own0r(i£other than applicant) �S �iyn c 4)Address of Land Owner: - 5)Description of Pfopbsed Project -t- 6)Location of Property(road and tax map tuber): -7)-b the parcel within an agricultural.district? ❑No ®Yes-If yes,Agridultural District-Number--- -- 8)Is this parcel actively farmed? [No El Yes' 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of,the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. -Name'and Address 1 .3 PoL2. Al 3. ' l a 7� 4. 5: .6. (Please use back side of page if more than six property owners are identified.) The lot numbers may be o fined,in advance,when requested from the Office of the Planning Board at 765- 1938 of the Zoni oa of Appeals at 765-1809. gnature of Applicant Date Note: 1.The local board will Solicit comments fron0lid 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 revieCv of this application. 3.The clerk to the local board is responsible"for sending copies of.the completed Agricultural0ata Statement 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.Failure to pay at such time means the application'is not complete and cannot be acted upon by the board. 1-14-09 BOARD MEMBERS f3F SOOT Southold Town Hall Leslie Kanes Weisman,Chairpersons yp 53095 Main Road­P.O.Box 1179 �� l4 Southold,NY 11971-0959 Eric Dantes ¢. Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning0 ® ^��� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �'YCQ��y S��v Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 May 26,2015 Bruce A.Anderson Suffolk Environmental Consulting,Inc. P.O.Box 2003 Bridgehampton,NY 11932-2003 RE:Donadic#6689,xequest for a de minimus determination Dear Mr.Anderson: I am in xeceipt of your letter dated May 21,2615 requesting a de minimis determination related to proposed changes in the above referenced ZBA decision.I have reviewed your architectural drawings dated 5.20.15,submitted to our office with the original architectural drawings dated 5.1.2013 that you submitted:with the Donadic application for variance relief.Since your proposed changes comply with the relief granted in ZBA decision#6689,and do not create any additional non-conforinance to the code,I have determined that your current proposal is de minimis in nature.Please also note that the applicant must comply with Chapter 236 of the Town's drainage code. I•will instruct the office to send a copy of this letter and your request to the Building Department so that you can apply for a building permit.If you have any questions,please call the office. Slnqerely. elelsie Kanes eisman Chairperson/Dept.Hdad Cc:Mike Verity,Southold Town Building Dept. FINAL MAP REVIEWED BY ZBA SEE DECISION # DATE® I I BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson h0��o��OUTyOlO 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Q Town Annex/First Floor,Capital One Bank George Homing ,'nc �O 54375 Main Road(at Youngs Avenue) Ken Schneider COU Southold,Southold,NY 11971 http://southoldtown.noithfork.net RECEIVED ZONING BOARD OF APPEALS11 . 1 3 TOWN OF SOUTHOLD OCT 2 3 2013 Tel.(631)765-1809-Fax(631)765-9064 S tltold I C er FINDINGS,DELIBERATIONS AND DETERMINATION ZBA FILE:6689 MEETING OF OCTOBER 17,2013 _ NAME OF APPLICANT:John_ny_Donadic PROPERTY LOCATION:325 Willow Point Road,(adj.to a canal)Southold,NY SCTM#1000-56-05-26 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-I4 to 23, and the Suffolk County Department of Planning issued its reply dated September 11,2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268,Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated September 22, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION• The parcel is 18,217.38 square feet in an R-40 district. The parcel fronts Willow Point Road for 148.92 feet,the eastern boundary is 127.44 feet,the western boundary is 148.73 feet and the northern boundary,which is bulk-headed at a canal,for 110.04 feet.The parcel is improved with a one story frame- stone-vinyl residence,an in-ground swimming pool and floating docks with metal landing and ramps. All as shown on the survey of the parcel prepared by Elizabeth G. McQuilkin,L.S.,dated January 31,2011,last revised July 31, 2013 and August 21,2013 to add Proposed additions and Lot Coverage. BASIS OF APPLICATION: Request for Variances from Article XXII Code Section 280-116(B)and Article XXIII Code Section 124B and the Building Inspector's August 14,2013,amended August 23,2013 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling: 1)proposed construction at less than the code required bulkhead setback of 75 feet,2)more than the maximum code permitted lot coverage of 20%. RELIEF REQUESTED: The applicant requests a variance to construct alterations and a second story addition to the existing dwelling at 39.6 feet from a bulkhead where the Code requires a minimum distance of 75 feet. 0 Page 2 of 3—October l7,2013 ZBA#6689—Donadic SCTM#1000-56-5-26 ADDITIONAL INFORMATION: This parcel was granted a variance for lot coverage not to exceed 23.6% in Appeal#4602 dated 10/8/1998. In this Appeal before us(#6689),the applicant proposes additions and alterations at 22.969% of lot coverage which is less than the 23.6% granted in Appeal #4602, therefore the Board finds the request for a variance for lot coverage of 22.969%is not necessary. At the hearing,the applicant's agent submitted an aerial showing the two story dwellings in the neighborhood. Additionally, four letters of support were submitted from neighbors. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 3,2013,at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law&267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed two story addition is in character of this neighborhood because this neighborhood consists of a majority of two story residences. The proposed additions will not be a detriment to nearby.properties because they will be within the code conforming side yard setbacks. 2. Town Law 1267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method,feasible for the applicant to pursue, other than an area variance. The majority of the existing residence exists within a non- conforming bulkhead setback and any proposed second story addition to this residence will require a bulkhead setback variance. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 47%relief from the code.However,the proposed second story addition is within the existing foot print of the residence and is characteristic of this neighborhood. 4. Town Law �2674(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created.The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing alterations and a second story addition to the existing residence at a 39.6 foot Bulkhead setback, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Dantes,and duly carried,to GRANT, the variance for a 39.6 foot Bulkhead setback as applied for, and shown on the survey of the parcel prepared by Elizabeth G.McQuilkin,L.S., dated January 31,2011, last revised July 31,2013 and August 21,2013 to add Proposed and Lot Coverage, and the architectural plans prepared by James Curtiss, R.A., sheets A.01 thru A.07 inclusive,dated 5.1.13. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Page 3 of 3—October 17,2013 ZBA#6689—Donadic SCTM#1000-56-5-26 Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Dantes. (Absent was:Member Goehringer) This Resolution was duly adopted(4-0). Leslie-Kanes_W_eisman,_Chairperson Approved for filing& /2013 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Project Location(describe,and attach a location map): Brief Description of Proposed Action: 4 arae ofplica r onsor• Telephone: 3 i us 3 D E-Mail: C L,-n d P C?/h yeCc AwjGd1s Address: City/PO: State: Zip CgIq e, N f 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 ✓1 may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? y`i acres b.Total acreage to be physically disturbed? e O j acres c.Total acreage(project site and any contiguous properties)owned I /' or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial esidential(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? b.Consistent with the adopted comprehensive plan? 1-11 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: S. 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? W/A c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? MA 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: ✓` 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 91A 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YE 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: 14. Iddejlify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: [:d'Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional [Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YE 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? ElNO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO 19 YES -r 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: Z 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: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO ES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor naffie: CC 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 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 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 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 Board of Zoning Appeals Application AUTHORIZATION (Where the applicant is not the owner) We, MARICA DONADIC, TRUSTEE OF THE ALEXANDER ANTHONY DONADIC TRUST(25%)AND MARICA DONADIC, TRUSTEE OF THE OLIVER ANGELO DONADIC TRUST(25%) AND JOHNNY DONADIC (50%) , as owner of premises 325 Willow Point Road, Southold,NY(sctm: 1000-56-5-26) c/o Donadic 5 Harrison Street, 5 Floor,New York NY 10583hereby authorize my attorney, Patricia C. Moore, to act as my agent to apply variance(s) on my behalf from the Southold Zoning Board of Appeals MARICA DON D MARICA DON C JO 7 TO C l 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: DONADIC.MARICA.AS TRUSTEES,DONADIC JOHNNY 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 this2li day of i"ll1 2,01 Signature: Marica Don is Joh did cta C.Moore 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). 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# 1000-56-5-26 in kind and in place replacement of swimming pool AGENT: Patricia C. Moore Esq., 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees X Zoning Board of Appeals X- I 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: ❑ Type: r r Town of Southold LWRP Consistency Assessment Form 1 Nature and extent of action: replace existing swimming pool Location of action: 325 Willow Pond Road, Southold NY 11971 Site acreage: 18,217 sq.ft. Present land use: existing house and swimming pool Present zoning classification: r-40 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: Johnny Donnadic (b) Mailing address: 325 Willow Pond Road, Southold NY 11971 (c) Telephone number: (-631 ) 718-361-9888 (d)Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No X 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 X No ❑ Not Applicable ❑ Discussion (if appropriate): proposed new swimming pool is in same location as existing. The same lot coverage is proposed (22.309%) 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 X Discussion (if appropriate): _ 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 Town of Southold LWRP Consistency Assessment Form 2 Yes X No ❑ Not Applicable ❑ Discussion (if appropriate): the existing swimming pool is being replaced. 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 X No ❑ Not Applicable Discussion (if appropriate): as part of project the two existing wood retaining wall will be replaced by one stone wall to keep upland protected from floodin>s Policy S. 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 X - - -- - - Discussion (if appropriate): _ 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 X Discussion (if appropriate): _ Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III-Policies Pages; 34 through 38 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): _ 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 X Discussion (if appropriate): _ Town of Southold LWRP Consistency Assessment Form 3 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 X Discussion (if appropriate): _ 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 X —---- – ---"- Discussion(if appropriate):_ 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 X Discussion (if appropriate): _ Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III- Policies; Pages 62 through 65 for evaluation criteria. Yes ❑ No ❑ Not Applicable X Discussion (if appropriate): _ 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 X Discussion (if appropriate): _ *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 VI. Please describe the land contours (flat, slope%, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): Property adjacent to Budd's Pond canal (Bulkhead) Please submit seven(7)photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 '* f' 7 4 l � t. 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Is, �I 5 Y� S , e�JT ve TYPE OF BLD.. j22io Z LIZ.752 9 - fil4d1& 4-3 v'st- �Lt u Ue r) epoa kah;l - PROP. CLASS c Z.i v uJ q�d2, 5 3� -Lio 3 Lbry"milka) o LAND IMP. TOTAL DATE Ln Ln -N -- _zza - - - - - - - - o- --- 3- - - - - - - - - - -- -- - --- ----- - z� ova � a� ✓ ?� Lo m U3 LDr- m W ti FRONTAGE ON WATER HOUSE(LOT tD m m m m , BULKHEAD Lo TOTAL m TOWN OF SOUTHOLD PROPERTY RECORD CARD Al—sot m 0 -s6 _ s- � _ w WNER Q �� STREET V VILLAGE DIST. SUB. LOT2 �. Qn IL au v R��N T L. M0. ! S, k- N E ACR. 8 r I rl-GT Z eke r c-/,2••elL S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value o LAND I IMP. TOTAL DATE REMARKS Ln Ld A J-00 )>!R m r r �1 3.���v' 16 o z p U Ot ' Z• � p. F.� Ni �iZ .Je /.,i4�P .Segt�r� N U {O .ZUO -�' Z� �?$—L f 1 *7r U S 2.kO /. SG�J .. . z_L•it•U D� r 2-7 r0 S ov t 4?0 p3 1 �giID/go/of a �e 9 9-L IIg3 Ko 3 fzjko' 7"b MOn4,�Cb &/S nlik—.- - LO AGE BUILDING CONDITION b'/o�/-- oto �2 tD NEW NORMAL BELOW ABOVE m FARM Acre Value Per Value Acre ,. Ti Iloble FRONTAGE ON WATER f N m Woodland FRONTAGE ON ROAD m Meadowland DEPTH. N House Plot BULKHEAD LO Total �a 1 �"� DOCK -E;A. iE■■1■ii■■ii■■iii■■■>!i■■■■■■ 4• !■!i■!■■/i■ti■i■■■■■■■ ■■■■i■ ■i■ii■■■moi■■�1■i!■iiiE■i■■■!■ �� ;= - ! ' s �L . - s .,.nes, 4� . ,;:;,._F_:. r .:• !■■■■S�■■iiiiiii®■■■■ �MEN■■■■■!■i!■®i■i■ !■■■■■ t r n Lam.' r > �!■� ■■��■ i!■■■■����iy■iol �i■®®■■■ ■■■ii - .:, �■II!!■■ �!''" [ i� iii■iii■■■■!!■!■■ !E!�■■■i■ iii■i�R EM19■ #1 ■■ -_�-_ IN NMI. ■■■�i■■i■■!1■ii■■��i■ii■■!!i F - ME NEW MEN 0 ESSIMERM No No NOR!ii■it■■fi■ MOR■NONE OEM �■■i■■■■i!■ ! riMENEM ' !■■■■ii■iii,■i■ ■■ »!MENN E!! ii■■i■■!!■m■■fi■■■■■■■NONE • . r. • ago MEN■■iii■■!■Ifs■�■ Foundation • -m, �I CANAL _ UhAUfBORIZEp ALTERATION OR STATEADDITION TO TATS SURVEY IS A VIOLATION OF SECTION 7209 OF TAE NEB YORK SPATE EDUCATION GIL COPIFS OF THIS SURVEY NAP NOT BEARING THE LAND SURVEYORS INKED OR EMBOSSED SEAL ARE NOT ��p� *T WNSICERED TO BE A TRUE VALID COPY.DISTANCES SHOWN FROM PROPERLY LINES {UNDERWATER LAND) To TEAbEXISTING srBTICTUREs ARE FOR A SPECIFIC PURPOSE AND USE.AND ARE NOT INED TO CONE IN THE ERECTION OF FENCES OR OMER STRUCTUBES. CERTIFICI7TON INDICTED HEREON SHALL RUN ONLY TO TRE PERSON FOR SROM THE - Q FLOATING SURVEY IS PERPARED AND ON NLS BEHALF.TO THE COMPANY OR AGENCIES LISTED S gg°26,20 EWOOD DOCK HEREON AND TO THE ASSIGNEES OF THE LENDING INSTITUTION.CERTIFICATIONS ARE WOOD BULKHEAD IIIIII1III SO.Ox0.0 IIJ ��110.04 H. NOT TRANSFERABLE TO ADDITIONAL INSTITIMONS OR SUBSEQUENT OWNEBE. 0.2N IIIIIIIlIBIII I III Il�lll�111:4N / CERTIFIED T0: 0.8N BKAD. N GRAVEL etitiy - METAL' COMPOSITE .FLOATING' oa�QO 2.95 .; WALKWAY t ti• RAMPS LANDING WOOD DOCK.` X ,x; %-• -p - d, --- 4.Oi4.0 19.5x0.0 y�� �� JOHNNY S. DONADIC �' Waoli ILLS �� m STEVE DONADIC O 25 z p� O l (14:) �- PROPERTY INFORMATION: 7.8 - - I:. - p TtASON ` -y4it. 12. G$0 PA'f10 r.- I 1 '�PpOj' t� P'�s f'`'1 fiff^x5iG AREA: 18,217.38 Sq.Ft. = 0.4182 ACRES LOT COVERAGE CALCULATION: 1tN zJa 4 1 ELEVATIONS IN NAVD88 DATUM •FRAME RESIDENCE: 3,561.74 S Ft. sl•as'S 8 15-�`�f9 15.6 v •I.G. SWIMMING POOL: 502.44 Sq•Ft 216.3 .;j//�3s;9"". //o y • TOTAL AREA: 4,064.18 S .Ft. I �1 ,///x/%28 of'�/%// DRAWING INFORMATION: EXISTING COVERAGE = 22.309% q ��eftx5tt. SCALE: I"=30' 2i;g DRAWN BY: R.K.H. OIgE STURY / GT FILE No.: Q029-11 IDENCE % DATE: JANUARY 31, �� rR RS5 4.8 GAgp,GE% 2011 GF 7• % REVISED: APRIL 19, 2012 �4*.Q 9•4 ADD PROPOSED (ONLY); JULY 31 2013 DRAINAGE 4°— ROOFOVFIR ' EASEMENT o ADD LOT COVMGE (ONLY): AUGUST 21, 2013 WIDTH UNKNOWN ,, �i,.`3s_e._'..�;,N MASONRY �o O FINAL: MAY 24, 2017 o%%_ ' lUOFOVTsR 30-U t3� f�7 29.6 = woos DECK 34. `� O 13.11 JI&SONRY G F'.LTER s wALL VEL DRl�lEltaY C-2 -GRA Ap m I d.7 HE4T �tia g ;1 ,O I PAVEMER� �ti� o (Apt LISlJA �C IL�N O I � f !;1 LAND SURVEYING -- SA1nTARY � �S — --- — I �2)ettx 03� 274 EAST MAIN STREET �� ;QQ,+ %,gg.�a ��� OF C1eG EST I LIP, N.Y11730 20 ,00 9$.79 6--19°00 T7 FAX: 531-2277.-3505 v� 49.84 3905 S 8701510" W 1 ;� SURVEY OF LOT 24, ` r ' ,O l F?OI-NT 0 NA) �' j ! AS SHORN ON MAP OF SUBDIVISION OF � . NOTES: (501t. VIDE) ohm_.= WILLOT POINT SANITARY INFORMATION AND LOCATIONS AS PER BUILDER. �o50z 1°� FILED: JUNE 16, 1966 - MAP No: 4652 SFa p 5U�`I Y l AT SOUTHOLD, TORN OF SOUTHOLD, • DRYWELL INFORMATION AND LOCATIONS AS PER BUILDER. SUFFOLK COUNTY, NEW YORK SCTMI : 1000--056.00-05.00-026.000 325 WILLOW POINT ROAD, SOUTHOLD SEE SEC NO 052 SEE SEC NC -----z---—— --————_----ZZ------------ — ———————ZZ- 11 z— 1114 FOR PGL NO 4P., FOR PCL NO SEE SEC NO 237AM SEE SEC NO 052-05461 1 (COUMOFSUFFOLK OSM6001 DEVELOPMENTRIGHTS) 24 o 6 0— W�H. -k FbId 28 2A(c) 113 24 4A(c) 12A TOWN OF SOUTHOLD 51 73A 43 COUNTY OF SUFFOLK 3 CA(Lk V 22A TOM S V I Nal SOOT SO, P) 16 Tl� "I 1 3A SOM9 19 20.2 TOM OF ",., I — SOUTHOLD V i MAIN 4-2 70A .,b 101 4b... 2 27 7A 3 6A(e, TOWNOF SOUTHOLD 1116 36A IUNTYOFSUFFOLK IELOPMEArrRIGHTS)-- c 17 2A(C) I ♦ 1111 �xO Z L 63A 'b CfCOIJArFYOFSUFFOLK DEVELOPMENTRIGH \N 4 4A(C) '12 1 4A y6° 13 qp 2 3A(c) 121 3 OA c) COUNTY 20 SA(c) OF SUFFOLK 4 TOWN OF SOUTHOLE!.---/ 113 Budcrs Pond F.D.2 1L.P. .D.2 ---m -b 9 oil) 15 131 28 14 BA(c) 2 5A(C) 900f 24 KIP- 13 22 3A(c) NO ———— ——————�-----UNE SEE SEC NO 066 q 2 1 LWNTEN� 70 aEF1RE SUFFOLM WTHOUT VY REAL FROM DONADIC REPLACED A 6"PIPE WITH A 12"STORM DRAIN PIPE I PER TRUSTEES DIRECTIVE ON OCTOBER 16,2016 NEW CONC.RET.WALL _ TO MATCH LEVEL OF POOL A - - DECK IN LOCATION OF C� EXISTING WOOD WALL r AS'I, _A�pEE\L` I - __-_ EXISTING BLUESTONE EXISTING -- - e'-o^-1z'-0• ____ "ASHLAR".PATTERN SET GRAVEL -------- ------- IN SAND/STONEDUST 1 ; WALKWAY - -__ BLUESTONE CAP / (IN KIND IN PLACE ON GRADE) NEW CONC.RET.WALL - --- / -- FLAGSTONE --- TO MATCH LEVEL OF POOL DECK O N _ IN LOCATION OF EXISTING_ WOOD cliEXISTINGEXISTING - WALL ELEV.- Q w -- 3.0' CAP J GRAVEL VO U '►� - #5 REBAR @ 16"0/C � dl 3' - - _ WATERPROOF z --------------- __ 4ol "t,-� F PRIOR _ z DRAINAGE -- _ "_ EASEMENT I --51�" EXISTING �\ EXISTING IT T TO BACKFILLING p x Y - GRAVEL BULKHEAD I o z I B EXISTING , ---- -- 4,-0" WALKWAY II - 30"SPLICE LANDSCAPE -- ----- . - X II (IN KIND IN PLACE -- __ -#5 REBAR @ 12"O/C l ON GRADE) ' � _-�-�_.-- - --- - �_` 1.1 1 •� r co- - — � 00 —1co SECTION -A - SECTION B lit `O NEW CONTINUOUS -- - _ TRENCH DRAIN _ 1r LAWN -, 12.6' _ PER SURVEY 1�. FINAL MAP REVIEWED BY ZDA ELEV.-1.0' _ - � I I EXISTING INGROUND I SWIMMING POOL - - - EXISTING N SEE DECISION # - - I 31.8'x 15.8'=502.44 SF - 1 --� LANDSCAPE - — ---- -- -- 17'-6" �- - -- �, DATED / / © �* �VMA., (ON GRADE) _� -- - - DRYWELL EXISTING COPING - 16.4'- --- - ---- - (IN KIND IN PLACE) �, __ �_ 1- - 1 _ _ -- BLUESTONE CAP/NOSING PER SURVEY 1_ r -- _ -- -- - -- - - - EXISTING BLUESTONE"ASHLAR". •c , ,'o. 05�g,� cam? PATTERN SET IN SAND/STONEDUST `t f -- 1_ (IN KIND IN PLACE ON GRADE) i 'ESS -r- ---1 - - STEP -0.5' 47 - -F -- -- 1 - -- ZN --- - I _1 JOSEPH FISCHETTI, PE TRENCH DRAINj SLIDING -- - TO DRYWELL - _ -- - _ I --9`�- --2- ---- --- 14'-a" - -------------_4 - DOOR PROFESSIONAL ENGINEER I o (NIDTH OF SLIDING DOORS) ► EXISTING ELEV.0.0' 1725 HOBART ROAD - ' SOUTHOLD, NY 11971 r CHAIN LINK - - FENCE --1 - _ toEXISTING DRYWELLS PER JFPE DONADIC RESIDENCE - - T - STEP S-1 DRAWING DATED 4/17/2016 325 WILLOW POINT ROAD 22' - -- — . I � � � -— � SOUTHOLD NY PER SURVEY _ - --T - - c%) ' TAX MAP # 1000-056.00-05.00-026.000 WOD FENOCE / I 5'-0" ,.. _4�-0"-- - ------ ---1 T-0" - --- --- % POOL RE- N TRU li ' -- / [__LINE OF EXISTING PART SITE PLAN CTION z SLIDING RESIDENCE ELEV.0.0' DOOR DRAINAGE DATE OF PREPARATION:AUGUST 22, 2018. INDET