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HomeMy WebLinkAbout1000-68.-1-15.1 OFFICE LOCATION: O�%QF SU(/r�Ol MAILING ADDRESS: Town Hall Annex '` P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) CAP Southold, NY 11971 �pQ Telephone: 631 765-1938 Q Fax: 631 765-3136 �yCOUNT`I,�1c� 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 January 22, 2018 Re: LWRP Coastal Consistency Review for ZBA File Ref RENE MENDEZ AND LESLIE HENSHAW #7132 SCTM# 1000-68.-1-15.1. RENE MENDEZ AND LESLIE HENSHAW #7132— Request for Variances from Article III, Section 280-13C; Article XXII, Section 280-105C; and the Building Inspector's October 12, 2017, Notice of Disapproval based on an application for a building permit to construct an accessory building and to legalize an "as built" six feet high deer fence in the front yard, at; 1) the proposed accessory structure (private residential fitness building with basement) is not a permitted use, 2) fence more than the code required maximum four(4) feet in height when located in the front yard; located at: 3945 Soundview Avenue, (Adj. to the Long Island Sound) Peconic, NY. SCTM#1000 68.-1-15.1. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided the following is addressed in the event the action is approved: 1. The Site Plan Sheet No. 1 shows a bathroom without a connection to a sanitary system. Please clarify where sanitary waste would be disposed. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy, Town Attorney BOARD MEMBERS ®� S®Ur Southold Town Hall Leslie Kanes Weisman,Chairperson �� y® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 54375 Main Road(at Youngs Avenue) A. Nicholas Planamento 117 Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 0 E I E V November 15, 2017 NOV 15 2017 Southold Town Planning Board Marls Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. # 7132 HENSHAW, Leslie & MENDEZ, Rene Dear Marls: We have received an application to construct an accessory building and to legalize a 6' "as built" deer fence. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairp on By: T /r PP N9 A2 �O w SEE SEC.NO 050 _z UNE -----MATCH --- /)� rn I FOR PARCEL NO. W / z SEE SEC NO. '•Ti )q ``�� 058-01-901.1 I � �� ,�O s5'1leJ � • � � ` I ` FORPCLNOJ SEE SEC.NO. 7S NOTE, j S7'7q `7S $ I SUBOMSION LOT NUMBERS PREC ED � AlOJ fy, ��9 AND FOLLOWED BYA DASH INDICA 3 'o A' MAP OF NORTH NECK FILE NO.387 144"'2 d 3777 •gq sq q +e rq 7 3q L S 70 v 201 •Q Ai c m a QSq 2s8 (q 1 b�' �a '4`a •gQ9(j eiA(q r' qlV 4 1 S7,s .l° B"9lCJ 8 q� q 9 92 J 6A(C) OGr 'ht q 4P ",12k9 A 3q 07 sq Z+°yre �s 4�'1X1� A0 J 162 12A 8 A4 m W FOR PCL NO. / SEE SEC.NO. 16.4 069-01-001.3 I . 10.tA -ET I~ THE ' 7 "HOLD 19 29 `fit LINE NOTICE COUNTY OF SUFFOLK © K TOM OF SOUTHOLD SECTION NO NNXE 1 MAINTENANCE,ALTERATION.SALE OR Real Property Tax Service Agency 30 Y 009 VILLAGE OF �iF6�^ R OISTRIBUTIONOFANYPOWIONOFTNE �' County Center Rrvemexa,N Y 11901 088 _ 6 SUFFOLK COUNTY TAX MAP IS PROHIBITED M .,(�'� SCALE IN FEET WTHOUT MMEN PERMISSION OF THE -uh„ �1� fi0 0 A 087 DISTRICT NO HOBO REAL PROPERTY TAX SERVICE AGENCY "W P 074 9 PROPERTY MAP CONVERSION DATE Jun 02.2016 7/ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: June 20,2017 RENEWAL: October 12,2017 AMENDED: October 12,2017 TO: Tom Samuels (Mendez/Henshaw) 25235 Main Road Cutchogue,NY 11935 Please take notice that your application dated June 15,2017: For permit to construct an accessory buildingand nd legalize an "as built" 6.' high deer fence at: Location of property: 3945 Soundview Avenue,Peconic,NY County Tax Map No. 1000- Section 68 Block 1 Lot 15.1 Is returned herewith and disapproved on the following grounds: The proposed accessory building is not allowed pursuant to Article H1, Section 280-13(C) Accessory Uses. The proposed construction is not a permitted accessory use. In addition the"as-built" 6' high deer fence is not permitted pursuant to Article XXII Section 280-105C (3) which states; "Deer fencing is prohibited in or along the front yard of any roe " The deer fence is located in the front yard. This Notice of Disapproval has been amended to reflect the revised site plan received on October 4, 2017. r' Y Auth ' e 'Siggn Lure 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. Fee:$ Filed By. Assignment No. APPLICATION TO THE SOUTHOLD TOWN ROAD OF APPEALS AREA VARIANCE House No. 3945 Street Soundview Avenue Hamlet Peconic SCTM 1000 Section 68 Block 01 Lot(s) 15.1 Lot Size 524,063 sf Zone R-80 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 10/12/17 BASED ON SURVEY/SITE PLAN DATED 10/04/17 Applicant(s)/Owner(s): Rene Mendez & Leslie Henshaw Mailing Address: 22 Garden Place, Brooklyn, NY 11201 Telephone: 212 922-1345 Fax: Email: IhPnchaw4dPPrfiP1d rnm 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: Tom Samuels for()§Owner( )Other: Address: 25235 Main Road Cutchogue, NY 11935 Telephone: 631 734 6405 Fax: 631 734 6407 Email: tom@samuelsandsteelman.com Please check to specify who you wish correspondence to be mailed to,from the above names: (�Applicant/Owner(s), (X)Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 10/04/17 and DENIED AN APPLICATION DATED 6/15/17 FOR: ( Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy O Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: III , XXII Section: 280 . 280 Subsection: 13 (C), 105C (3) 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 W has, Ohas not been made at any time with respect to this Property, UNDER Appeal No(s) - 4914 Year(s) - 2/27/01 �_, . (Please be sure to research before completing this question or call our officer assistance) Name of Owner: Owen Morrel ZBA File#•Appl.No 4914 /Feb 27,2001 REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: SEE ATTACHED 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: SEE ATTACHED 3.The amount of relief requested is not substantial because: SEE ATTACHED 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: SEE ATTACHED 5.Has the alleged difficulty been self created? { } Yes,or {X No Why: SEE ATTACHED Are there any Covenants or Restrictions concerning this land? {x4 No { } Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. r e Signature f Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this day of AIOOWi5W� 20j LAUREN;M MCKISSICK NOTARY PUBLIC-STATE OF NEW YORK Notary Public - No.01 MC6342308 Qualified in Suffolk County '" Commission Expires May 23, 2020 REASONS FOR APPEAL 1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because the proposed use of the new building as an interior squash court is not, in itself, undesirable. In addition,; this use will be contained entirely within the accessory structure, which is in all other ways conforming to zoning. It would have less impact, especially with regard to sound, than an, outdoor tennis court, which is considered a "customary accessory use". Regarding the existing deer fence, which is located more than 450 feet back from the road, an undesirable change has not been produced, as it is completely invisible from the public domain. 2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than a variance, because it is the very use of the accessory building as a squash court which has been disapproved. Although "squash court" is not on the list of accessory uses in the Zoning Code, the applicant believes it should be considered withing the range of customary accessory uses. The only feasible alternative to achieve this benefit is to add the space for a squash court to the principal structure. This has been carefully considered, but is not feasible due to the extreme terrain;surrounding the house. 3) The amount of relief is not substantial because it involves !only the interior use of the accessory building, not its outward size, shape nor location, all of which conform to the Zoning Code. The structure is not considered, nor is it desired to be "habitable". Regarding the deer fence, by its existing location more than 450 feet back from the public road, the relief is not substantial. If it were, for example, 25 feet back from the road, the relief could be considered "substantial', as it would be visible from the road. 4) The variance will NOT have an adverse effector impact on the physical or environmental conditions in the neighborhood or district because, as stated above, it will affect only the interior use of an accessory structure. In all ways, the proposed 'structure will conform to the physical and environmental restrictions which apply to this site, as does existing deer fence. 5) The alleged difficulty has NOT been self-created. The severe limitation of the list of accessory uses has created the difficulty, though the desired use of the accessory building should be considered within the range of "customary accessoy uses". The existing deer fence was installed by the former owner of the property. There are NO Covenants nor Restrictions concerning this land. 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. Authorized Agent sworn to before me this 'day LAUREN101 MCKISSICK of -f/01/6;Vde.L1 10/1 NOTARY PU L"TATE OF NEW YORK --� N0.01MC6342W- r ary Quualfied in Suffolk County ` My Commission!Expires May 23, 2020 APPLICANT'S PROJECT DESCRIPTION APPLICANT: Rene Mendez & Leslie Henshaw DATE PREPARED: November $ , 2017 1.For Demolition of Existing Building Areas Please describe areas being removed: NA II.New Construction Areas (New Dwelling or New Additions/Extensions): Accessory Bldg. Dimensions of first floor extension: 2T X 51' = 1,245's.f. Dimensions of new second floor: NA Dimensions of floor above second level: NA Height(from finished ground to top of ridge): 21'-11.5" Is basement or-lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: III.Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: See Attached Number of Floors and Changes WITH Alterations: See Attached IV.Calculations of building areas and lot coverage(fromsurveyor): Existing square footage of buildings on your property: 4,585 s.f. Proposed increase of building coverage: 1,245 Square footage of your lot: 524.063 s.f. Percentage of coverage of your lot by building area: Existing: .9% Proposed: 1.1% V.Purpose of New Construction: New accessory building to house indoor squash court and associated spaces, including half bath. 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): Gently sloping, heavily wooded property has no impact on meeting code requirements. i 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 ZEA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes _X _No B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. l.)Are there areas that contain sand or wetland grasses? NO 2.)Are those areas shown on the survey submitted with this application? NA 3.)Is the property bulk headed between the wetlands area and the upland building area? No 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? No Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO E. Are there any patios, concrete barriers,bulkheads or fences that exist 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? No If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Single Family Residence and the proposed use accessory use- squash court (ex:existing single family,proposed.same with garage,pool or other) 019f IT Authorized signature and Date A1.S WARD MEMBERS OG Southold Town Hall Gerard P. Goehringer, Chairman a® �� 53095 Main Road James Dinizio,Jr. coo P.O. Box 1179 Lydia A.Tortora 5 "�'► Southold, New York 11971 Lora S. Collins 'y p�� ZBA Fax(631) 765-9064 George Horning Telephone�p Telephone (631) 765-1809 BOARD OF.APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 15, 2001 Appl. No. 4914—OWEN MORREL Location of Property: 3495 Soundview Avenue, Peconic; Parcel 1000-68-1-15.1 Date of Public Hearing: February 27, 2001 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is a 12.02-acre parcel located on'the northerly side of Sound View Avenue in Peconic. The lot has 252.59�ft. road frontage; the property widens to a width of approximately 400 ft. at the building setback line. The property is improved with a concrete foundation for a new dwelling, as depicted on the survey map amended March 5, 2001 prepared by John C. Ehlers, L.S. This building will replace the;former dwelling construction. BASIS OF APPEAL Building Inspector's Notice of Disapproval dated December 14, 2000, denying an application dated October 27, 2000 for a permit to build an accessory swimming pool because the structure is proposed within the side yard area. RELIEF REQUESTED: Applicant requests a variance to locate an 18x36 ft. accessory swimming pool structure in the easterly side yard, at 14.5 feet from the side line. ADDITIONAL INFORMATION AND EVIDENCE CONSIDERED BY THE BOARD: 1. Although the property is a large, 12.5 acre lot, the ground elevatigns drop sharply between 20 and 30 feet near the proposed single-family dwelling, as indicated on the March 5, 2001 survey map prepared-by John C. Ehlers, L.S. The only feasible area to place the accessory pool, which is level, is on the easterly side yard of the property 2. In discussing the proposed 14.5' setback with the applicant at the February 27, 2001 hearing, the Board requested that the applicant increase the side yard set back as much as possible. The applicant agreed, and submitted an amended mapi which places the accessory swimming pool in the easterly side yard, at 30 feet from the property;line at its closest point. 3. The Board accepted the amended relief requested by the applicant to locate the accessory swimming pool in the easterly side yard at a minimum distance of 30 feet from the easterly property line, and therefore determine that; REASONS FOR BOARD ACTION, DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings.- 1. indings:1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed 'accessory swimming pool will be located approximately 1000 feet from the nearest dwelling on the east, and approximately 400 a Pege 2 March 15, 2001 ZBA Appi. No. 4914—O. Morrei fie' 1000-68-1-15.1 at Peconic feet on the west. No evidence was presented to suggest that the variance will adversely impact nearby properties. 2. The benefit sought cannot be achieved by some method, feasible4or the applicant to pursue other than an area variance. The steep elevations on the property limit the only level area to place the pool to a nonconforming side yard location. 3. The area variance is not substantial because the accessory pool will meet the minimum side yard setback required for a principal structure. 4. The proposed variance will not have an adverse effect or; impact on the physical or environmental conditions in the neighborhood or district. 5. The action set forth below is the minimum necessary and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION: On motion by Member Collins, seconded by Member Tortola, it was RESOLVED,to GRANT the variance as requested and shown on the survey map amended March 5, 2001 prepared by John C. Ehlers, L.S. VOTE OF THE BOARD: AYES: Members Dinizio, Tortora (Chairman Pro Tem), Collins, and Homing. (Chairman Goehringer was absent.) This Resolution was duly adopted (4-0): LYDIA ORTORA (CHA PERSON PRO TEM) RECEIVED AND FILED BY THE LoL'T =�L� r�, CCEEs DF-TE3��J16 I 7(� Town G2C'Y:Z, - 7n c. __ — L FORM-NO. 4 F TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold,, N.Y. CERTIFICATE OF OCCUPANCY No: Z-28235 Date: 02/28/02 THIS CERTIFIES that the building NEW DWELLING Location of Property: 3945 SOUNDVIEW AVE PECONIC (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 68 Block 1 ;Lot 15.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office sated AUGUST 28, 2000 pursuant to which Building Permit No. 26869-Z dated OCTOBER 25, 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 ONE FAMILY DWELLING WITH COVERED FRONT PORCH, FIRST AND SECOND FLOOR DECKS AND TWO CAR GARAGE UNDER AS APPLIED FOR. The certificate is issued to OWEN MORREL (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-00-0i61 01129/02 � ELECTRICAL CERTIFICATE NO. 49104 02/20/02 PLUMBERS CERTIFICATION DATED 02/05/02 CUTCHOGUE EAST PLUMBING ZL 91 "I'U2 Y6h03e,ed Si" ature Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-28526 Date: 06/18/02 THIS CERTIFIES that the building ACCESSORY Location of Property: 3945 SOUNDVIEW AVE PECONIC (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 68 Block 1 Lot 15.1 Subdivision Filed Map No. Lot NO. conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 27, 2000 pursuant to which Building Permit No. 27264-Z dated APRIL 23, 2001 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY INGROUND SWIMMING POOL WITH FENCE TO CODE AS APPLIED FOR. ZBA #4914 DATED 2/27/01. The certificate is issued to OWEN MORREL (OWNER) of the aforesaid building. SUFFOLK COUIilT3C DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 49104 02/20/02 PLUMBERS CERTIFICATION DATED N/A "T rize Signature Rev. 1/81 AGRICULTURAL DATA STATEMENT ZONING HOARD 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: Tom Samuels 2. Address of Applicant: 25235 Main Road, Cutchogue,NY 11935 3. Name of Land Owner(if other than Applicant):Rene Mendez&Leslie Henshaw 4 Address of Land Owner: 22 Garden Place, Brooklyn, NY 11201 5. Description of Proposed Project: construct new accessnnj htjlldinq- 6. Location of Property: (road and Tax map SCTM# 1000-68-01-15.1 number) 3945 Sou ndview Avenue , Peconic NY 11957 7. Is the parcel within 500 feet of a farm operation? ., Yes { No 8. Is this parcel actively farmed? {.,Yes {XNo 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) /7 Sign e of Applicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. 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 61720 Appendix B Short Environmental Assessment Form Instructions for Completing Part I -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 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 MENDEZ/HENSHAW Name of Action or Project: MENDEZ/HENSHAW Project Location(describe,and attach a location map): 3945 Soundview Avenue, Peconic NY 11957 Brief Description of Proposed Action: Construct new non-habitable accessory building to house as a private recreation space, specifically, interior squash court and associated functions. Name of Applicant or Sponsor: Telephone: 212 922-1345 Rene Mendez&Leslie Henshaw E-Mail: , Ihenshaw@deerfield.com Address: 22 Garden Place City/PO: State: Zip Code: Brooklyn NY 11201 1.Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that FRI ❑ 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: Southold Town Building Permit, Suffolk County Dept of Health ❑ 0 3.a.Total acreage of the site of the proposed action? _12:03 acres b.Total acreage to be physically disturbed? �•1acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 12.03 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban E]Rural (non-agriculture) ❑Industrial ❑Commercial ®Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parklan d Pagel of 41 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ❑ ❑ ❑ b.Consistent with the adopted comprehensive plan? Ela El 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 91 EL b.Are public transportation service(s)available at or near the site of the proposed action? ❑ ❑ 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: ❑ El 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: NEW ON-SITE SEPTIC SYSTET I FV_1 ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ❑ [—]b. is the proposed action located in an archeological sensitive area? ❑ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ ❑ b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres; 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ©Forest ❑Agricultural/grasslands F-1 Early mid-successional ❑ Wetland ❑Urban [ZSuburban 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 X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ®NO ®YES El b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO DYES DRYWELLS 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: ^ T_ _ 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: RI F] 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: FRI ❑ 1 AFFIRM THAT THE INFORMATION PROVIDED ABOVE 11S TRUE AND ACCURATE TO THE BEST OF My KNOWLEDGE Applicant/sponsor na Tom Samuels Date: 11/0/17 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? El 1:1 2. Will the proposed action result in a change in the use or intensity of use of land? Il l� 3. Will the proposed action impair the character or quality of the existing community? F1 El 4. Will the proposed action have an impact on the environmental characteristics that caused the I—► (] establishment of a Critical Environmental Area(CEA)? �j L—! 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? El 1:1 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: El a.public/private water supplies? b.public/private wastewater treatment uti lities? 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 16. 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-tern, long-term and cumulative impacts. QCheck 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. Town of Southold-Board of Trustees Name of Lead Agency Date President 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) PRINT Page 4 of 4 Board of Zoning Appeals Application; AUTHORIZATION (Where the Applicant is not the Owner) IRene Mendez & Leslie Henshaw residing at 22 Garden Place (Print property owner's name) (Mailing Address) Brooklyn, NY 11201 do hereby authorize Tom Samuels (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) Rene Mendez & Leslie Henshaw (Print Owner's Name) November 8, 2017 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : Rene Mendez & Leslie Henshaw (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit_ X Variance X Trustee Permit _ Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted $ day of November ,20 A7 Signature I Print Name Rene Mendez Leslie Henshaw, AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town+officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : Tom Samuels (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit X Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign'where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the.applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the,applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP k Submitted this g day of November 20 17 Signature , Print Name T1 Samuels 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" or;"no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail; listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 68 _ 01 _ 15.1 PROJECT NAME Rene Mendez&Leslie Henshaw The Application has been submitted to(check appropriate response): ZBA Town Board Planning Board❑ Building Dept. ❑ 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: Construct non-habitable accessory building. ti 4 P Location of action: 3945 Soundview Avenue, Peconic NY 11957 Site acreage: 524,063 sf= 12.03 Present land use: ac RESIDENTIAL Present zoning classification: R-80 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Rene Mendez&Leslie Henshaw (b) Mailing address: 22 Garden Place, Brooklyn,NY 11201 (c) Telephone number: Area Code( ) 212 922-1345 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No Fx I If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a-pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ❑X Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No X❑ Not Applicable There are no historic or archeological structures on property. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWR7P Section III—Policies Pages 6 through 9 for evaluation criteria ❑ Yes ❑ leo ❑ Not Applicable Building structure is in keeping in style and scale of neighboring structures. The existing and new deck structure is in keeping in style and scale of neighboring structures. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LVVRP Section III—Policies Pages S through 16 for evaluation criteria ❑ Yes ❑ No X❑ Not Applicable Attach additional sheets if necessary Policy S. Protect and improve water quality and supply in the Town of,Southold. See LWR.P Section III —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No M 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. ❑ ❑ ❑ Yes No Not Applicable ` No development will take place in the"protected" or"natural indiginous environment". 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. U Yes ❑ No❑ Not Applicable The development will not add pollutants into the air. 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 thro4gh 38 for evaluatio¢criteria. ❑ Yes ❑ No 0 Not Applicable PUBLIC COAST POLICIlES Policy 9. Provide for public access to, and recreational use of, coastal®eaters, public lands, and public resources of the Town of Southold. See LWRP Section III-Policies; Pages 38 through 46 for evaluation criteria. nn f-1 Ye --1 No FLI Not Applicable No public land involved. Littoral access unimpeded. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III•—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No Q Not Applicable There are no public or commercial activities or uses on site.Historically this property and neighboring properties are residential in use and will remain residential. 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. 0 Yes ❑ No ❑ Not Applicable ` This project will protect and preserve the living marine resources by maintaining all rainwater discharge on site. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No l':-'—N-J Not Applicable There are no agricultural lands on site. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. .X❑ Yes ❑ No ❑ Not Applicable The construction will be using equipment approved by the Federal government for energy usage. The project will meet Federal standards for conserving energy "energy Star Program". PREPARED BY Tom,Samuels. TITLE Architect DATE 11/ 1 /17 it TOWN. 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' tk T n to mw ~' �ji - -f - '' _moi ,_�'t;. +R•, • • _ w 1 Y 1 SITE DATA SCTM # 1000-68-01 -15.1 , ' •\• PROPERTY: 3945 Soundview Avenue \ d \ Peconic, NY 11957 Uj �� ♦�, OWNER: Rene Mendez & Leslie Henshaw / / 0 22 Garden Place Brooklyn, NY 11201 g0 <\ N F- Uj 0 � SITE: 524,063 sf = 12.03 ac >' ° AREA O LL xUj ��,,,`�,, •� S� ZONING: R-80 (' Z ♦ Z "� FLOOD: — V • ''ti°� -'' ♦ `�' ZONE X � Z �•s ® '` \ -j NO ��• �` SURVEYOR: John C. Ehlers \ � = v • , - �% 6 East Main St. m W ' • \ ` \ \ ,,-'' -,�e \� ► , �.'' ,,'/' Riverhead, NY 11901 a. Uj / LICENCE NO. 50202 O LU �• \ "'3 ` '' -'S� DATED: 05-06-15 Cl) Z �• W 6� °i, `' EGD W •` QEF;,' .------ loT s0 4',� \ 4i , • 3: ".0AGF \ .' � \ /Q' �©IlIhlCi B�:)AK.0 Ur ,, +'W- W Z Cf) 0/x % 0) s00 4�_ 0 \ w od 1 •;` \ / Deck Si\0tie E —' � s \ ` 08 EXIS ST Y Z `,\�• ` \ ,' �\ �' FRAME RE51 EN Q• M o W&ARA&E T MAIN 0 '0C PROPOSED ONE-STORY PRIVATE \ °�'� RESIDENTIAL F 1 TNESS AGGESSORY •` \ % / BUILDING WBASEMENT w/FOOTPRINT ^6; OF 1,240 5F • ��pF NElyyo \ , o 41, FINAL MA � �°� 17 ` ` o REVIEWED BY ZBA 'S'a� �s �• `\ � \ QSEE DECISION # r \ 009/ p 6 �AN % `, �� DATED o / / PROJECT N01707 �O DRAWN BY: TCS O CHECKED BY: ♦ \s�\; \, � l^�• C DATE: 1014117 \ 0�`,; \ "J x'70, SCALE: 70 1" = 60' - 0., \Z` o SHEET TITLE: • \ v a , \ ```` ` \ l� 0'7 � % ��, 0 �y SITE �• ' . o, OAPLAN • \ , SHEET NO: asonry � c.�•F• \ • \ m -- g e ``\ `�\ pillars .�+• r � u ... ........ 25 30 ,JV e w S \/ I y n d , S 0 u REGULATORY APPROVALS t 0F� t LU WV � - - - - - - - - - - - -- - - - - - - - - - - - - - - - - —, ZW O — FITTITO I.I.. W t z Uj 7T] 7u U o " II m W Q/ Z W I L LU I I W \ Q V i I V I I SQUAS I �JQ� I W i I Q COURT I 131= ON I W 3 Z --_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_— _—_—_—_— _ —_ I I I z --- ---- --------- -- -- -- ---- ---------- --- ----- -- ---- ---- -- ---------- --- /; i Q O cn I W %`43` 0 U I" H ® ELEVATIORII oTL SCALE: 1/4" V -0" I — a I i I 2'1o" i F— I—. ❑❑❑ i rolling i N < cn M ❑❑❑ \ / . Y i I I W —j• WZ ~ Q z a ------------- I \ / I w a 4004M � W• Nx I I F-- u UP s N I DN w I o N co ------ �, LOOKER I — — — — — ------- ROOM 9 o furnac %jl i V I E Y I I 6 STOR. I AREA ------- im � ------- -------- sI /r OF NF ' MEOHANIOAL I I lll fro N :O TOR. e. .- - - - - - - - - - - - - - - - - - - - - - - –I r>> 0 1 ;1.n_A I PROJECT NO: ILI] I DN I DRAWN BY: TS — —— — — — —— — —— — CHECKED BY: DATE: 10/4/17 I SCALE: Ems" A%0%j% Em i V i Em IN T P L A 'No F I K*5 T F L 00" 0 R" Pq L A N SHEET TITLE: SCALE: 1/4" l' -O" SCALE: 1/4" = l' –O" 1,245 SP footprint PLANS ELEVATIONS FINAL MAP NOK-i - HmWEST ELEVATION- REVIEWED BY ZBA SHEET NO: SCALE: 1/4" = V -0" SEE DECISION # �r , DATED 3 / 1 /a�-o c d SCHEMATIC DESIGN #6