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HomeMy WebLinkAbout1000-14.-3-2 � OFFICE LOCATION: � OF SO(/ryO MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) G Southold, NY 11971 • Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chairperson Members of the Zoning Board of Appeals From: Mark Terry, AICP Assistant Town Planning Director LWRP Coordinator Date June 4, 2019 Re: LWRP Coastal Consistency Review for ZBA File Ref MICHAEL SMITH#7282 - SCTM#1000-14-3-2. MICHAEL SMITH #7282 - Request for Variances under Article IV, Section 280-15; Article XXII, Section 280-116A(1) and the Building Inspector's August 17, 2018, Amended November 27, 2018 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool and legalize existing relocated accessory structures, at; 1) proposed swimming pool is located in other than the code required rear yard; 2) proposed swimming pool is located less than the code required 100 feet from the top of the bluff; 3) existing two accessory sheds are located less than the code required minimum side yard setback of 15 feet; at: 1405 Terry Lane, (Adj. to Long Island Sound) Orient,NY. SCTM#1000-14-3-2. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, the proposed action is recommended as INCONSISTENT with the below noted policies and therefore is INCONSISTENT with the LWRP. 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. The as-built, relocated accessory structures (sheds) are not consistent with Policy 1. The side yard setbacks to the sheds will be 1' and 5' from the eastern lot line. The setbacks do not enhance character -- of the community_.--------- -------------- --------------- -------------— --- --- - Policy 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The proposed swimming pool is located 75' from the top of bluff line. However, the bluff slope is vegetated and appears to be stable. The future loss to the property due to the threat of erosion is low to moderate under normal weather conditions. During storm events, the threat increases. The opportunity to increase the pool setback to the bluff exists through decision making. 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 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: August 17,2018 TO: Shawn Leonard(Smith) RENEWED&AMENDED:November 27, 2018 320 Hampton Road Southampton,NY 11968 Please take notice that your application dated August 14,2018 For a permit to construct an in-ground swimming pool at Location of property 1405 Terry lane,Orient,NY County Tax Map No. 1000- Section 14 Block 3 Lot 2 Is returned herewith and disapproved on the following grounds: The Proposed construction is not Permitted pursuant to Article XXII Section 280-116 A (1) which states: "All buildings or structures located on lots upon which there exists a bluff landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff. The construction notes a setback of 75 feet from the top of bluff at its closest point Furthermore,the proposed construction is not Permitted pursuant to Article IN Section 280-15,which states "In the Agricultural-Conservation District and Low-Density Residential R-80 R-120 R-200 and R-400 Districts accessory buildings and structures or other accessory uses shall be located in the required rear yard." The in-ground swimming pool is partially located in the side yard Furthermore,the proposed relocated sheds are not permitted pursuant to Section 280-15F,which states; "In the case of a waterfront Parcel,accessory buildings-and structures may be located in the front yard provided that such buildings and structures meet the front-yard setback requirements set forth by this code,and the side yard setback requirements for accessory buildings in Subsection B..." A side yard setback of 15 feet is required. Following the relocation,the sheds will have side yard setbacks of 1 foot and 5 feet. Thi once of Dis roval was amended to address the relocated sheds. A thorized ur o pplicant:Any ch a or devia ' to the above referenced application may require further review by the Southold Town B 'ding Depa ent. CC: file,Z.B.A. ,i Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 1405 Street Terry Lane Hamlet Orient SCTM 1000 Section 14 Block 3 Lot(s) 2 Lot Size Zone I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Owner(s): Michael Smith Mailing Address: 11 Grace Ave.,Suite 305,Great Neck,NY 11021 Telephone: Fax: Email: 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:Shawn F Leonard,Architect P.C. for(X)Owner( )Other: Address:320 Hampton Road,Southampton NY 11968 Telephone:631-287-5557 Fax:631-287-5558 Email:.shawn@shawnleonardarchitect.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 November 17,2018 and DENIED AN APPLICATION DATED November 27,2018 FOR: (X)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:XXII &IV Section:280-116 A. &280-15 Subsection: Type of Appeal. An Appeal is made for: (X)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, (X)has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). .(Please be sure to research before completing this question or call our offtce for assistance) Name of Owner: ZBA File# 0 41 REASONS FOR APPEAL (Please be specific, additional sheets maybe 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: It is a 12'X 24"in ground swimming pool and it is not uncharacteristic for homeowners to have swimming pools on their property. The two existing sheds are being used for equipment for the vineyard on the property and their current location is location for this purpose. 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 area in which the swimming pool is to be located creates the least amount of encroachment onto the setback;both the the set back from the bluff and the side yard. The current placement of the sheds allows for the least amount of disturbance to the existing vineyard. 3.The amount of relief requested is not substantial because: It is the minimal needed. The current placement of the proposed swimming pool and sheds allows for the least amount of relief. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: It is an average size swimming pool which many residence have. The adjacent property is farmland and the current placement of the sheds does not create any negative impact on the farmland. 5.Has the alleged difficulty been self-created? { }Yes,or {X}No Why: The difficulty arises from the original placement of the existing house on the property. Are there any Covenants or Restrictions concerning this land? {X}No { }Yes(please furnish a copy) This is the MIlVIMUM 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 co unity. Sign f Applica t Authorize Agent 2 (Agent must submit written A thorization fro Owner) Sworn to before me this /`� day of V 2Nl%' 20_1 J . Notary Public ROBERT M,FISCHETTE Notary Public, State of New York 'N6o 01 FI6121566 Quatified in Suffolk County Comm ission Expires April 23.2011�f APPLICANT'S PROJECT DESCRIPTION APPLICANT: Shawn F Leonard,Architect P.C. DATE PREPARED: January 18,2019 1.For Demolition of Existing Building Areas Please describe areas being removed: N/A H.New Construction Areas(New Dwelling or New Additions/Extensions):N/A Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: M.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations: N/A IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 2 6 0 2 S q f t Proposed increase of building coverage: 2 8 8 SCF, --ft , Square footage of your lot: 47 , 670 S a. ft . Percentage of coverage of your lot by building area: 6 . 1 V.Purpose of New Construction:_Construct a 12'X 24'in ground swimming pool VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Flat Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes x No B. Are there any proposals to change or alter land contours? x No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses?Yes, beach to Lr Sound 2.)Are those areas shown on the survey submitted with this application? Yes 3.)Is the property bulk headed between the wetlands area and the upland building area? NiA 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction?NSA 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 existing single family and the proposed use same with pool (ex: existing single family,proposed: same with garage,pool or other) Authorized signature UP ate FORM NO A TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N Y. Certificate Of Occupancy No Z.3.6451. . • Date December . 1:. ,1987 THIS CERTIFIES that the building . One f ami 1 y, .dwe z ling, . . . . . . . . . . . . . Location of Property R 0:W.. off Main Road orient House No. Street . , . Hamlet County Tax Map No 1000 Section 02 Q . Block .0 1. . . . . . . Lot . . . P ° . . .. . .. . Subdivision Lloyd Terry Minor Sub , ,Filed Map No . . . . . .Lot No . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated 19.8.6 pursuant to wluch Building Permit No. ?54 7 1 Z. . , . . . , . . dated 4,. .1986 was issued,and conforms to all of the requirements of the apphcable provisions of the law The occupancy for which this certificate is issued is . . . . . . . , One family, dwelling., garage and rear deck. . _ . . . . The certificate is issued to >!pAjjK R . ,HELMIN SKi (o wner� �{�'�trXtX X of the aforesaid building. Suffolk County Department of Health Approval 86.-SO-.1.63. 8/ 10/8.7 UNDERWRITERS CERTIFICATE NO. . . . , . . N 827333. . 8/ 17/87. . . ._. . , . . . , . . PLUMBERS CERTIFICATION DATED: MATTITUCK PLUMBING & HEATING CORP. ecem ex , Building Inspector Rev 1/81 'y�iFp1 Town of Southold Annex 1/24/2013 IV, P.O.Box 1179 54375 Main Road i Southold,New York 11971 75 CERTIFICATE OF OCCUPANCY No: 36120 Date: 1/24/2013 THIS CERTIFIES that the building ALTERATION Location of Property: 1405 TERRY LANE ORIENT,N.Y. 11957, SCTM#: 473889 Sec/Block/Lot: 14.-3-2 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 4/15/2011 pursuant to which Building Permit No. 36327 dated 4/15/2011 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 pergola addition to an existing one family dwelling as applied for. The certificate is issued to MICHAEL&TERRY SMITH (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 36327 1/23/13 PLUMBERS CERTIFICATION DATED 1/15/13 Michael Smith t r' Signature AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Shawn F Leonard,Architect P.C. 2. Address of Applicant: 320 Hampton Road,Southampton,NY 11968 3. Name of Land Owner(if other than Applicant):Michael Smith 4. Address of Land Owner: 1405 Terry Lane,Orient,NY 11957 5. Description of Proposed Project: construct a 12'x 24'in ground swimming pool 6. Location of Property: (road and Tax map number) 1405 Terry Lane,Orient,NY 11957 SRM#1000-14-3-2 7. Is the parcel within 500 feet of a farm operation? { } Yes {x} No 8. Is this parcel actively farmed? { } Yes {x} No 9. Name and 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. 1000-20-1-3.9 Suzanne Egan 36501 Rt. 25, Orient, NY 11957 2. 1000-20-1-2.2 Diana Whitsit 36505 Rr. 25, Orient, NY 11957 3. 1000-20-1-1.5 Pricilla Bull 36205 Rt. 25, Orient, NY 11957 4. 1000-19-2-10.1 SGDP LLC, C/O Steven M Mesynieski, 35675 Rt. 25, Orient NY 11957 5. 6. (Please u, the bac o s p ere are additional property owners) 16 t9 Signatureof 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. 1 � 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: Smith Residence Project Location(describe,and attach a location map): 1405 Terry Lane,Orient,NY 11957 Brief Description of Proposed Action: Construct a 12'x 24'in ground swimming pool Legalize two existing sheds located in non-conforming locations Name of Applicant or Sponsor: Telephone: 631)287-5557 Shawn F Leonard,Architect P.C. E-Mail:shawn@shawnleonardarchitect.com Address: 320 Hampton Road City/PO: State: Zip Code: Southamtpon NY 11968 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: Town of Southold Building Department-Building Permit X 3.a.Total acreage of the site of the proposed action? 1.336 acres b.Total acreage to be physically disturbed? .008 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? ,_VA 6 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial is Residential(suburban) ❑Forest Z Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 G f 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 8 1 diameter x 4 1 deep dry well for pool discharge 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? X X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: X 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ®Shoreline ❑Forest ®Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ®Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO❑YES X *s<� ; b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2'of 4 r e 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor e- Shaw L onard, itect Date: January 18, 2019 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?" ;p .,�-4r•. ., .a;—C�. �t�'„9� +, K 's r,,'...:, �. , No.or Moderate �� .�^' `X�'e'%tom e t F ^,.,,+i:''t a" ., s, f:?..:.�,t.�.'.,c'•-a,jze' ." ,t- .s`.. ..x1 _l w•�''i i f ti as a� � :;-U:y '` ;r„^..';' »_`,£•,','.'ti; '�. - -�;ti - c is `^'7��,1,.�r t. i��.' .;c,��=,�T.h-•�'"'��.�,,,r,�.. :.r ,z,:.::, s�•a.,.�_. [:•�rc':- ;�-�"�":',-.>•- �:�•v��,>,.r >,��r: �,�.� ,�' small to large =.;'; Ns:;. �±i;',� •r{?e.�. 'S�r, '�'txnn;�,•k y� ..G_T�tz„".',"-'R•'k;sd`='".'S;'�,%`-,,�?';s'•f^'F.,.. 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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)? 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'i«r.�Y: .:;"3;..>5 :'F 4�,gM,�ua'..i?',y,�v, h y,:.e✓".*.}±i/S:y:}�«:r��+:=sd °Kc - 1;Y::.�(¢;�'i:n•_"?^"r"in:t''t�q' 162`1 a;, '';s7s,~"n^��`-7', :;ri�'::sa't's.''n`=A'•"�' ::t'•r-'i:: -_ci''4'_`:�'"i�y`!,^�'�``,,: _ !sf�'r(4',£�>. �'t a. ;r:yLt e��.tc.. —• r .^„�; �i,2 �-:r:;»�icds'�.�`_-'���i .3:-��.Fo;. `�•�`-:r'm, �' s ��.'-���E ' OCCllr 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 AUTHORIZATIO (Where the Applicant is not the Owner) I, Michael Smith residing at 1.405 Terry Lane (Print property owner's name) - (Mailing Address) Orient,NY do hereby authorize Shawn F Leonard,Architect (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. fd&tp lw->4 (Owners Signature) Michael Smith (Print Owner's Name) 7 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits contGets of interest on the Part of town officers and employees The purpose of formic 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: Michael Smith (Last name,fust name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit 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 ,,,Wjiersmn oi(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/agenVrepresentative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of 20 Signature Print Name .Michael Smith AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics urohibits 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• Shawn F Leonard •(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 this 18th day J ary 2 19 Signature Print Name Shawn F Leonard J f t 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 LAW 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# 14 - 3 - 2 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. © Building Dept. © Board of Trustees 0 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 a 12' X 24' in ground swimming pool Legalize two existing sheds located in non-conforming locations � r Location of action: 1405 Terry Lane, Orient Siteacreage: 1.336 ac. Present land use: single-family residence Present zoning classification: R-s 0 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:Shawn F Leonard,Architect P.C. (b) Mailing address: 320 Hampton Road,Southampton,NY 11968 (c) Telephone number:Area Code( )(631)287-5557 (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 E❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes 0 No 0 Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 0 ' Yes © No 0 Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria 0 Yes © No 0 Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria © Yes ® No 0 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 ® NoE] Not Applicable 1 n 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. Q Yes © No 0 Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. 0 Yes 0 No 0 Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. n 0 Yeo No[] Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies;Pages 47 through 56 for evaluation criteria. Q Yes 0 No © Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. 0 Yes 0 No EE Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. 0 Yes x❑ NoEl Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. 0 Yes x❑ No 0 Not Applicable Created on 512510511:20 AM • min I' ,��'T'$' - ., � -r .-•. .'7 .�;1; :rte - k Smith Residence ' h f d r. 1000-14-3-2 , y¢� • Location • \ fiL NorthElevation i Smith Residence SCTM# 1000-14-3-2 She• Location South Elevation i ,f I y - �F 4 h ,, tl 6 •' A �� i� •7 i , _ .. ,.. %§k a. ti• Pe/Y , ! I I f L , ie�{t j f ',�!! r� r•�eY�l �! h q �! ` ' +, ,. � ,�� :�' ,i f .7� e��l�,y+?��;' J'�,s„;1�'� '�,�A' ,��t .��1i,l �51:_,irl� n l e,l!,. ,a� �,t �',�f; �`s41,s/i�l. 1 i � � ;►`'� / f tal+ ! f e d. �yj!Ir"•xj ;. "{o<rAl,` 1 �s �.i ?�: i',fSn:i 1!t�l. 1�I,y {� 1 '\!'}) '�' �I IP •;�a t a t. ,1"'IVI'd',y.�A!`1,�5�. �� ►s• %1 ',;: fil�I,�,�'.sfl.,•� 1 ) Sf y;tpn i.$ �J / F 9 r\ f„ ��, t, tt! I ' e a,k eaJ rr�� �i ,p�h,y.; i ales �.Au.,, a .f ,►,..,. !,, r.. rfr,./.�N..`Si Ay .lAti. .:'�'�. I �,J � •��° �� ` ;X �isY,.,'tt61,, li+ ,` �� i:4tr��jl�I f: '1,. a 't!!'/r4%,F,' C' , �" f _�.� .�. � s ;t " e Rf. •1. ,IN, 11`5 '-! r�P`,,,. r..'!'!� • Moe:. ���F ! iEC,�i.,� .I/ l� al, t ..tt,, �_ -% :•rd. �i - f ' ��t r1r 1 '.II'7 I ` _ IS�i I J,Sl1.�• ff'. t�'. q"e! �e� If'�- I/�4l�rfllr, I ,r, ,G►~til'q'� P� �i ly i/ ♦.. I v F e 1 ���� I,; �'�P i!:1;11.1 y,� r,�!!„ t�`�1,'��i�►'r�y y �iv,:�y1.1,Cry,/r��.11a'�kE. a rlrr r,Clnp� .e',{ �f�!!�"y f�.jp�,`�,e.moi. e,,1 j � .,, ,� ,i �� � I f ,},!�'✓,' ''', �r.!�� � F,'0!/ '� @�'7 ��� �!f✓1�'��� r��'�"�, �J ,r���%�r�x��'•' a.�� , � / >;�< � E ! 1 �,y •f rt , Y, { ,l ,1 'I' ,�71'�/J 11��'L 'i' p t'}/4 i," ?.�&IVr A4rr♦�,!`t1,. `(pE il��;!'Q� Y's70/� I , 1 ,1� v'9,., i f e.�1" ((►► �!• ,ler/ I, �J�7Ii b.S.ta�lplrrr. I:.�Ni �a4 I ti I`�. It Pip M. Smith Residence 1000-14-3-2 Shed • • • ElevationWest , r Nk y /3 �i m vtornith M s 1 Residence roposed Pool Location * .' , Looking South ■e x ! r i`.,x+q►p{►t3."., :..":.t;'��ar:, tMlra.w�M!^_ «' ...�'.:� ""—.r..--•—..� mith Residence SCTM#1000-14-3-2 Proposed Pool Location Looking Northeast i �A ` ar -'• rya. �ti � �' Imp y '•r imith Residence • 111 Looking'Proposed Pool Location I E t �I f•M.�A I%' �� rW.rr , } 1 l Y BOARD MEMBERS if $®(/T Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes @ Town Annex/First Floor, Robert Lehnert,Jr. % �® 54375 Main Road(at Youngs Avenue) Z791Nicholas Planamento 1'rl Southold,NY 11971 OU 9 http://southoldtowmy.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD JAN 3 ® 2019 Tel.(631) 765-1809•Fax(631)765-9064 SoutH_ORTTOwn Planning Board January 30, 2019 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref.No. # 7282 SMITH, Michael Dear Mark: We have received an application to construct an in-ground swimming pool. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map,project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairpe n By: Encl. Site Plan : Nathan Taft Corwin III Dated : August 1, 2018 (pool) November 17, 2018 (sheds) i �.„, '�" v - ''s.:— `-Lar. - - _ :['.,;.�'-• _-'^ x. r'H ..,,,,� <....._,. r _ -__ «a. � -7 - N366582 Mai I S00N1, ISLAND //63 " /q0 3 ,�•�cl � �. FOR PCL NO. I \.- 'e RWM•-" � 4,p .J _---� a , 292 $ O SEE SEC-NO2 4 SA(C) q. 020-01-0022 I 99 306 3050+ 1.1A(C) 293 `• U � 9.61,(0 w 8,1 � xa I uJ 30.3 r e I u1 9 I t" 29.4 4.7A(C) FOR PCL NO. FOR PCL NO. FOR PCL NO. 19 202' 302 I SEE SEC NO. SEE SEC.NO. SEE SEC.NO. 019-02-0122 019-02-0101 0200,-001.5 I V RD 25 Ia 102A(c) 30.1 I� ---�---- ---- z�----- --�--- u MATO FOR PCL NO LINE e 172 SEE SEC.NO.019 SEE S Ta SEE SEC.NO.019 aA y a 16 17.1 ?5 '� (66) N36ZM NOTICE meas COUNTY OF.SUFFOLK © E 13D TOwNOF SOUTHOLD SECTION NO E VNM] MNNTENHNCEALTERATION.SALE OR ��� � Real Property Tax Service Agency v T DISTRIBUTION OFANYPoRPON OF THE a 01 VILLAGE OF 014 Y�i11 County Center Riverhead,N Y 11901 M 013 014 �T SUFFOLK COUNTY TAX MAP IS PROHIBITED .A� SLUEIN FEET W WTHOUT—TTEN PERMISSION OF THE 'v/Aa�1 IDO a m dw P 01B 079 DISTRICT NO 1000 REAL PROPERTY TAX SERVICEAGENCYPROPERTY MAP 2 CONVERSION DATE Lb/15 301 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��®� ®���® P.O.Box 1179 54375 State Road Route 25 �® �® Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) s2 ,s2 Southold,NY `ts' `�, Telephone:631765-1809 CAID a0 http://southoldtownny.gov COW V ZONING BOARD OF APPEALS Town of Southold RECEIVED -1 9,,y,9 a4/YL FINDINGS,DELIBERATIONS AND DETERMINATION JUN 2 7 2018 MEETING OF JUNE 21,2018 0. nw. ZBA Application No. 7134 So old Town Clerk Applicants/Owners: Marilyn Daly,Estate of Robert M.Daly, et al Property Location: 50 Thomas Street, Southold,NY SCTM#'s 1000-66-1-12, 13 and 14 , SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further requirements under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 28, 2017 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: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Lot 12 is a non-conforming 12,496 square foot parcel located in an R-40 Zoning District. Lot 12 is an unimproved lot which runs 125 feet along Hoey Lane, 100 feet along Thomas Street, 125 feet on the South Side and 100 feet on the West side. Lot 13 is a non- conforming 12,496 square foot lot located in an R-40 zone. Lot 13 is not improved and runs 100 feet along Thomas street, 125 feet on the South side, 100 feet on the West side, and 125 feet on the North side. Lot 14 is a 12,496 square foot lot located in an R-40 zone. Lot 14 is unimproved and runs 100 feet along Thomas Street, 125 feet along Daly lane, 100 feet on the West side, and 125 feet on the North side. All is shown on a surveys prepared by John T. Metzger, LLS, dated June 22,2016. BASIS OF APPLICATION: Request for a Lot Waiver under Section 280-11 to unmerge a vacant land area of 12, 496 square feet (SCTM 1000-66-1-13) from adjacent two lots measuring 12,496 square feet in area each (SCTM Nos. 1000-66-1-12 and 1000-66-1-14). Combined, the three lots would measure 37,499 square feet in total area. The waiver of merger application is based on the Building Inspector's Notice of Disapproval dated November 6, 2017 and pursuant to Section 280-10A determining the properties have been merged. Page 2,June 21,2018 #7134,Daly,McGrath,et al SCTM No. 1000-66-1-12, 13 and 14 ADDITIONAL INFORMATION: The property, which is subject of these appeals was purchased in 1919 by Thomas F. Daly and has been in family ownership for the succeeding three generations. In 1968 the families, Daly and Hoey obtained approval from the Southold Town Planning Board to subdivide the property into 19 lots situated on three streets to be improved with single family dwellings, off of Town Harbor Road in Southold. The three streets are Hoey Lane, Thomas Street, and Daly Lane. The subdivision map was filed with the Suffolk County Clerk on October 21, 1968 as file number 5192. As a condition of its approval, the Planning Board required the owner to obtain a performance Bond during the time the roads, drainage, public water supply lines, and other infrastructure was being built. The installation occurred from 1968-1985. In 1985 the Southold Town Planning Board confirmed that all required improvements had been completed to Town officials' satisfaction. Furthermore, because of the delayed completion, this subdivision was not eligible to be listed as an exempt subdivision from the merger law. In addition to tax map lots 12, 13, and 14 having been merged together, the applicant, in a separate application, Appeal No. 7135, is requesting a waiver of merger for lots 1000-66-1-18 from Lot Nos, 66-1-15, 66-1-17 and 66-1-19. Further, as part of the waiver of merger application the applicant is requesting to merge tax map lots 14 and 15 together, tax map lots 11 and 12 would combine into one lot, and tax map lots 18 and 19 would combine into one lot. Tax map lot# 11 is an unimproved 12,496 square foot lot located on the corner of Thomas Street and Daly Lane and is a non-conforming lot located in an R-40 Zoning District. However, it was not listed as merged in either Notice of Disapproval for applications #7134 or#7135 since lot#11 is not contiguous to any of the subject lots 413 or 18. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 5, 2018, at which time written and oral evidence were presented. Pursuant to § 280-11 the Applicant has submitted documentation, to the satisfaction of the Board that these lots were merged consequent to the death of the owners. There have been no transfers of ownership outside the family since the time merger was effected. Genevieve Daly and Kathryn Hoey, were sister's in laws and owners of the subject lots between the years 1964 and 1989, during the time the merger law was adopted in 1983. The current owners of the lots are their children and heirs of their estates as follows: The current owners of tax map lot 11 are Marilyn Daly 1/3; Robert Daly Estate 1/3; Genevieve McGrath 1/6 and Kevin B. McGrath 1/61n The current owners of tax map lot 12 are Marilyn Daly 1/3; Robert Daly Estate 1/3; Genevieve McGrath 1/6 and Genevieve McCann 1/6th The current owners of tax map lot 13 are Marilyn Daly 1/3;Robert Daly Estate 1/3; Genevieve McGrath 1/6 and Kevin B. McGrath 1/6th The current owners of tax map lot 14 are Marilyn Daly 1/3; Robert Daly Estate 1/3; Genevieve McGrath 1/6 and Kevin B. McGrath 1/6th 'The current owners of tax map lot 15 are Marilyn Daly 1/3; Robert Daly Estate 1/3; Genevieve McGrath 1/6 and Genevieve McCann 1/6th The current owners of tax map lot 16 are Marilyn Daly 1/3; Robert Daly Estate 1/3; Genevieve Page 3,June 21,2018 #7134,Daly,McGrath,et al SCTM No. 1000-66-1-12, 13 and 14 McGrath 1/6 and Kevin B. McGrath 1/6 1h The current owners of tax map lot 17 are Marilyn Daly 1/3; Robert Daly Estate 1/3; Genevieve McGrath 1/6 and Kevin B. McGrath 1/6t' The current owner of tax map lot 18 is Joseph P. Hoey. The current owner of tax map lot 19 is Kathryn M. Hoey. Upon granting of the waiver of merger application, the applicant is proposing to combine lots 11 and 12 to be owned by Genevieve McGrath. Lot 13 will be owned by Marilyn Daly, Combined lot 14 and 15 will be owned by Robert Daly Estate, Lot 17 will be owned by Marilyn Daly, and combined lot 18 and 19 will be owned by Joseph and Katheryn Hoey. Pursuant to §280-11,the Zoning Board finds that (1) The waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood because: the lots across the street on Town Harbor Road and Old Shipyard lane are comparable in size to the lots the applicant is proposing to unmerge. Further, the applicant is proposing to mitigate the environmental impacts of the unmerging of the lots by voluntarily merging tax map lots 14 and 15 into a single lot, tax map lots 11 and 12 will combine into one lot, and tax snap lots 18 and 19 would combine into one lot. Therefore, the applicants' waiver of merger application will create two lots that are 30,000 square feet in size, one lot that is 24,992 square feet in size, one lot that is 12,496 square feet in size, and one lot that is 25,000 square feet in size. These proposed lots are more conforming to code than if the applicant were to unmerge all of the lots. As per the notices of disapproval there are currently three building lots. Under the applicant's proposed plan there will be five building lots. If the applicant were to unmerge all of the merged lots there would be eight building lots that were part of the original sub-division. (2) The waiver would recognize a lot that is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation because: the original subdivision had planning board approval and the sub-division map was filed with the county. The merger law took effect in July 1, 1983, but the applicant continued to go through the planning board process and received final planning board approval in 1985 even though the town had implemented the merger law. The family was collectively unaware of the effect of the merger law on the subdivision lots as each parcel was identified with individual tax map numbers and received separate tax bills. (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because: The applicant is proposing to mitigate the environmental impacts of the unmerging of the lots by proposing to merge tax map lots 14 and 15 together, tax map lots 11 and 12 will combine into one lot, and tax map lots 18 and 19 will combine into one lot. Therefore, the applicants' waiver of merger application will create two lots that are 30,000 square feet in size, one lot that is 24,992 square feet in size, one lot that is 12,496 square feet in size, and one lot that is 25,000 square feet in size. These proposed lots are more conforming to code than if the applicant were to unmerge all of the lots. Page 4,June 21,2018 r #7134,Daly,McGrath,et al SCTM No. 1000-66-1-12, 13 and 14 RESOLUTION OF THE BOARD: In considering and balancing the above factors and pursuant to the Waiver Provisions of the Town of Southold Merger Law, Section 280-11, motion was offered by Member Dantes, seconded by Member Weisman (Chairperson), and duly carried to GRANT the waiver of merger as applied for as shown on three surveys prepared by John T. Metzger, LLS. all dated June 22, 2016: SUBJECT TO THE FOLLOWING CONDITIONS: 1. Proof that waiver of merger is effected by way of a deed from the applicant to a separate individual or entity conveying title to that portion of the property known as tax map lots 11 and 12, tax map lot 13, tax map lots 14 and 15,tax map lot 17, and tax map lots 18 and 19 be provided to the ZBA within 6 months of the date of this decision. 2. The applicant must voluntarily merge tax map lots 14 and 15 into a single lot,tax map lots 11 and 12 must be combined into one lot, and tax map lots 18 and 19 must be combined into one lot. 3. Failure to comply with the above conditions will result in nullification of the waiver of lot merger granted herein, as well as the waiver of merger granted in Appeal No. 7135, dated June 21, 2018. Vote of the Board. Ayes: Members Weisman (Chairperson),Dantes,Acampora, and Planamento (Member Lehnert abstained): This Resolution was duly adopted(4-1). wU glie s Weisman Chairperson Approved for filing / /2018 r OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ®F Sa��� P.O.Box 1179 54375 State Road Route 25 ®� ®�® Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY Telephone:631 765-1809 ® a� http://southoldtownny.gov COW,�� ZONING BOARD OF APPEALS Town of Southold FINDINGS,DELIBERATIONS AND DETERMINATION RECEIVED1,3 MEETING OF JUNE 21,2018 Y JUN 2 7 201�8��� ZBA Application No. 7135V Applicants/Owners: Joseph P.Hoey, Jr. uthold Town Clerk Property Location: 125 Daly Lane, Southold,NY SCTM#'s 1000-66-1-15, 17, 18 and 19 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further requirements under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was not required to be referred to the Suffolk County Department of Planning under Suffolk County Administrative Code Sections A 14-14 to 23. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Tax map Lot 18 is a non-conforming 14,995 square foot parcel located in an R-40 Zoning District. Lot 18 is an unimproved lot which runs 100 feet along Daly Lane, 150 feet on the West side, 100 feet on the North side and 150 feet on the East side. Lot 15 is a non-conforming 14,995 square foot lot located in an R-40 Zoning District. Lot 15 is unimproved and runs 100 feet along Hoey Lane, 150 feet on the East side, 100 feet on the South side, and 150 feet on the West side. Lot 19 is a non-conforming 14,995 square foot lot located in an R-40 Zoning District. Lot 19 is not improved and runs 100 feet along Daly Lane, 150 feet on the West side, 100 feet on the North side and 150 feet on the East side. Lot 14 is a 12,496 square foot Iot located in an R-40 Zoning District. All is shown on a surveys prepared by John T.Metzger,LLS,dated June 22,2016. Tax map lot 17 is a non-conforming 24,993 square foot lot located in an R-40 zone. Lot 17 is unimproved and runs 200 feet along Town Harbor Lane, 125 feet along Daly Lane,200 feet on the East side, and 125 feet on the North side. All is shown on a survey prepared by Nathan Taft Corwin,III,LLS, dated October 1,2013, BASIS OF APPLICATION: Request for a Lot Waiver under Section 280-11 to unmerge a vacant land, having an area of 14,995 square feet(SCTM No. 1000-66-1-18), from adjacent three vacant lots(SCTM Nos. 1000-66- 1-15, 17, & 19) measure 14,995 sq. ft., 24,993 sq, ft., and 14,995 sq. ft.; respectively. Combined,the lots total 69,978 square feet in area. The waiver of merger application is based on the Building Inspector's Notice of Disapproval dated Novcmber 6, 2018, and pursuant to Section 280-10A determining the properties have been merged. Page 2,June 21,2018 #7135,Hoey SCTM No. 1000-66-1-15, 17, 18& 19 ADDITIONAL INFORMATION: The property which is subject of these appeals was purchased in 1919 by Thomas F. Daly and has been in family ownership for the succeeding three generations. In 1968 the families Daly and Hoey obtained approval from the Southold Town Planning Board to sub-divide the property into 19 lots situated on three streets to be constructed off of Town Harbor Road in Southold. The three streets are Hoey Lane, Thomas Street, and Daly Lane. The subdivision map was filed with the Suffolk County Clerk on October 21, 1968 as file number 5192. As a condition of its approval,the planning board required the owner to obtain a performance Bond during the time the roads, drainage, public water supply lines, and other infrastructure was being built, The installation occurred from 1968-1985. In 1985 the Southold Town Planning Board confirmed that all required improvements had been completed to Town officials' satisfaction. Furthermore, because of the delayed completion, this subdivision was not eligible to be listed as an exempt subdivision from the merger law, In addition to tax map lots 18, 15, 17, and 19 being merged together, the applicant, in a separate application is requesting a waiver of merger for SCTM No. 1000-66-1-13 to unmerge from SCTM Nos. 1000-66-1-12 and 14. Further, as part of the waiver of merger application the applicant is requesting to merge tax map lots 14 and 15 together, tax map lots 11 and 12 would combine into one lot, and tax map lots 18 and 19 would combine into one lot. Tax map lot# 11 is an unimproved 12,496 square foot lot located on the corner of Thomas Street and Daly Lane. It is a non-conforming lot located in an R-40 Zoning District. However,Lot No. 11 was not listed as merged in either notice of disapproval for application Nos. 7134 or 7135. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 7, 2018, at which time written and oral evidence were presented. Pursuant to § 280-11 the Applicant has submitted documentation, to the satisfaction of the Board that these lots were merged consequent to the death of the owners. There have been no transfers of ownership outside the family since the time merger was effected. Genevieve Daly and Kathryn Hoey, were sister's in Iaws and owners of the subject lots between the years 1964 and 1989, during the time the merger law was adopted in 1983. The current owners of the lots are their children and heirs of their estates as follows: The current owners of tax map lot 11 are Marilyn Daly 1/3; Robert Daly Estate 1/3; Genevieve McGrath 1/6 and Kevin B.McGrath 1/6 . The current owners of tax map I lot 12 are Marilyn Daly 1/3; Robert Daly Estate 1/3; Genevieve McGrath 1/6 and Genevieve McCann 1/6'h The current owners of tax map lot 13 are Marilyn Daly 1/3; Robert Daly Estate 1/3; Genevieve McGrath 1/6 and Kevin B.McGrath 1/6" The current owners of tax map lot 14 are Marilyn Daly 1/3; Robert Daly Estate 1/3; Genevieve McGrath 1/6 and Kevin B.McGrath 1/6' The current owners of tax map lot 15 are Marilyn Daly 1/3; Robert Daly Estate 1/3; Genevieve McGrath 1/6 and Genevieve McCann 1/6'h The current owners of tax map lot 16 are Marilyn Daly 1/3; Robert Daly Estate 1/3; Genevieve McGrath 1/6 and Kevin B. McGrath 1/6" The current owners of tax map lot 17 are Marilyn Daly 1/3; Robert Daly Estate 1/3; Genevieve McGrath 1/6 and Kevin B. McGrath 1/6" The current owner of tax map lot 18 is Joseph P.Hoey. The current owner of tax map lot 19 is Kathryn M.Hoey. J Y Page 3,June 21,2018 #7135,Hoey SCTM No. 1000-66-1-15, 17, 18& 19 Upon granting of the waiver of merger application the applicant is proposing for the combined lot 1 I and 12 to be owned by Genevieve McGrath. Lot 13 will be owned by Marilyn Daly, Combined lot 14 and 15 will be owned by Robert Daly Estate, Lot 17 will be owned_ by Marilyn Daly and combined lot 18 and 19 will be owned by Joseph and Katheryn Hoey. Pursuant to §280-11,the Zoning Board finds that (1) The waiver would recognize a lot that is comparable in size to a majority of the improved lots in the neighborhood because: the lots across the street on Town Harbor Road and Old Shipyard lane are comparable in size to the lots the applicant is proposing to unmerge. Further, the applicant is proposing to mitigate the environmental impacts of the unmerging of the lots by voluntarily merging tax map lots 14 and 15 into a single 1 lot, tax map lots 11 and 12 will combine into one lot, and tax map lots 18 and 19 would combine into one lot. Therefore the applicants' waiver of merger application will create two lots that are 30,000 square feet in size, one lot that is 24,992 square feet in size, one lot that is 12,496 square feet in size, and one lot that is 25,000 i square feet in size. These proposed lots are more conforming to code than if the applicant were to unmerge all of the lots. As per the notices of disapproval there are currently three building lots. Under the applicant's proposed plan there will be five building lots. If the applicant were to unmerge all of the merged lots there would be eight building lots that were part of the original sub-division. (2) The waiver would recognize a lot that is vacant and has historically been treated and maintained as a separate and independent residential lot since the date of its original creation because: the original subdivision had planning board approval and the sub-division map was filed with the county. The merger law took effect in July 1, 1983, but the applicant continued to go through the planning board process and received final planning board approval in 1985 even though the town had implemented the merger law. The family was collectively unaware of the effect of the merger law on the subdivision lots as each parcel was identified with individual tax map numbers and received separate tax bills. (3) The proposed waiver and recognition will not create an adverse impact on the physical or environmental conditions in the neighborhood or district because: The applicant is proposing to mitigate the environmental impacts of the unmerging of the lots by proposing to merge tax map lots 14 and 15 together, tax map lots 11 and 12 will combine into one lot, and tax map lots 18 and 19 will combine into one lot. Therefore, the waiver of merger application will create two lots that are 30,000 square feet in size, one lot that is 24,992 square feet in size, one lot that is 12,496 square feet in size, and one lot that is 25,000 square feet in size. These proposed lots are more conforming to code than if the applicant were to unmerge all of the lots. RESOLUTION OF THE BOARD: In considering and balancing the above factors and pursuant to the Waiver Provisions of the Town of Southold Merger Law, Section 280-11, motion was offered by Member Dantes, seconded by Member Acampora,and duly carried to GRANT the waiver of merger as applied for as shown on the survey prepared by John T. Metzger, LLS, dated June 22, 2016 (lots 15,18, 19) and survey prepared by Nathan Taft Corwin, III, LS, dated October 1, 2013 for lot No. 17. SUBJECT TO THE FOLLOWING CONDITIONS: 1. Proof that waiver of merger is effected by way of a deed from the applicant to a separate individual or entity conveying title to that portion of the property known as tax map lots 11 and 12,tax map lot 13, tax map lots 14 and 15,tax map lot 17, and tax map lots 18 and 19 be.provided to the ZBA within 6 i Page 4,June 21,2018 #7135,Hoey SCTM No. 1000-66-1-15, 17, 18& 19 I months of the date of this decision.Failure to comply with this condition will result in nullification of the waiver of lot merger granted herein. 2. The applicant must voluntarily merge tax map lots 14 and 15 into a single lot,tax map lots 1 I and 12 must be combined into one lot,and tax map lots 18 and 19 must be combined into one lot. i 3. Failure to comply with the above conditions will result in nullification of the waiver of lot merger granted herein, as well as the waiver of merger granted in Appeal No. 7134 dated June 21, 2018. I Vote of the Board: Ayes: Members Weisman(Chairperson),Dantes, Acampora,and Planamento(Member Lehnert abstained): This Resolution was duly adopted(4-1). , c Leslie Kanes Weisman Chairperson I Approved for filing 61 4S /2018 z G ISLAND SOtjND L 0 5,.Oro , " E HTCH W A tK ON DECE+I +9. 2017 .12 N ��•34'26 rE UNE ALONG �P r W SURVEY OF PROPERTY w 0 SI T UA TED A T O ORIENT z TOWN OF SOUTHOLD �o _ X12 $11. pFBL�_ ; ;sZ0 SUFFOLK COUNTY, NEW YORK FF z4 O �o la_ - O S.C. TAX No. 1000- 14-03-02 •' �.,4 i i i-- - -��i 24.2 SCALE 1 =30!7 f _ DECEMBER 19, 2017 1 FENCE AUGUST 1 , 2018 ADD PROPOSED POOL 10i2� - o-� 2+•4'E NOVEMBER 17, 2018 LOCATED SHEDS ON EAST PROPERTY LINE AS MOVED 14 ' TOP OF Bt vFF 0£`r\ 2i¢ \\ 1E 0 24.4 AREA = 58,193 sq. ft. 1N 2.0 ED G �\WN 1 �� N (TO TIE LINE) 1 .336 ac. A AZARD x2Z5 �\ R EROSION 666-g3 - -- -- 1 23.7x \ AS ST AL 0, 45- Of 49 2t� x 2-5 \1 \ FROM GO PHO�p HEFT 20 x21 2 \ \ NOTES: AS SCp`EDARRA MAP 5 \ o \ \ � 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM \ \ \ EXISTING ELEVATIONS ARE SHOWN THUS:M Nq EXISTING CONTOUR LINES ARE SHOWN THUS: - ----5- ---- \\ F.FL. - FlRST FLOOR I22.1 X22.6G.FL. - GARAGE FLOOR ?� \ x T.W. - TOP OF WALL B.W. - BOTTOM OF WALL \ \ x 21.3 � / / / WO-IRbfi- D eK 19.8x 25` x::12..... vizoP. � _ � '4 \ ..............; 01, g600 CEPS 0 42, �a ENERpSOR o LOT COVERAGE OVER Tue y 20.8' rR,WEGE g1N y AREA LESS AREA NORTH OF W 0 OK o. O� N S+ORA �Aq / �.,,�p�VGRPIS O ,c y COASTAL EROSION HAZARD LINE (47,670 sq.ft.) ,9\ 35.7'�2 S-1010 ,GE o -W� `� DESCRIPTION AREA X LOT COVERAGE \ \\ ��R� Ic uN� FRAME HOUSE G.FL 20 9 O �S o �y HOUSE 1, q. 448 s ft. 3.1X 1@.3 � FRONT ARBOR 145 sq. ft. 0.3X z •.° 24JZ m WOOD DECK INCLUDING 660 s ft. 1.4% PROP P0p1' / V004 �� -,, o ARBOR ` `2• pm • x- HOT TUB AND ARBOR q' / 20.3_ S.B'` \ + sv s • �.° (3) SHEDS 349 sq. ft. 0.7% / \ 1 SIP1 PROP. POOL 288 sq. ft. 0.6X ryo 1 \ r WAl1� , 9T 5 .�'': oar s 2J-7 °' p�� .' •'. �1 TOTAL 2,890 sq. ft. 6.1 X Ad \S LANK �:•, . . .;. � � ° \\ \ .�\• :�• •BeVOG�228 a y� •,.�1 t. ��_ +�� ��2 b + O Vl 2 \ ! 'r$• ° o NEO o T•/l o m[tel A 21.0. +y V ,� �,� °.• \ 0E` 1 + „3� SHED •*. \ v ++ 221 SHED \ \ 100. 24 3 • A •'•' \ \ 20.7 tal 03 c ' ED x22,2 24.E , �•', i i \\ ++�/� 22 l A 20.9 I 1 ARBOR �a ,BN4E• • I xI� 11 WOOR ONE""""" " �. .•° 0 SONE W I 21A SZcl*l;cE - ?.0 � : 2�•,• 2t a ,, �-1<.:-ng °.• A.. :7< 211 ' 5, �.a 5 75 •' •'' VEL DR GW .,ON° ... 2_ 4 .. 212 \4915 ':� • . 2 E� R1G 21.2 p1ER5 Y '; j 22- .. \ CIO 211 Lp N/T RgYSH53L" zRrz15 e�°Ga oPPE •. oo pgISNETg WATO 300.0° G PQR.• & KEN MON. �eE c�Rg '• , GDNc- 'S 55 0, Tn p0" E • ' 5 FpUNDGHT OF WAY 5. BI PIPE 'Z Z O O 'A4- PREP �RDyIIE 1 - NI'M�N BY BY E ,....,,•"'ter... ! �..• �l f /Lie. No. 50487 TO THIS S�°YISATI �°N Nathan Corwin III U THIS SURVEY ALTERATION A VIOLATION DI SECTION 7M OF THE NEW YM STATE E�L�LAW. Land Surveyor D COPIES Of THIS SURVEY MM SHOTEA BEARING Nc A THE WED SURVEYOR'S INKED SEAL SI R O EAIBOSSEO SEK SHALT NOT BE CONSIDERED ro BE A VALID TRUE COPY. CERTIFICATIONSNLTOEPERSON ED HEREON SHALL RUN Successor To: Stank,y J. 6ckmeIrWgn,Jr. L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. klgegno LS. 2 IS PREPARED,AND ON HIS TABEHALFG TO THE TELE COMPANY, ION LISTED HE EOENCY AND nae Surroya-So6dMMekxls - Site Plans - Conehuctbn Layout R LENDING INSTITUTION LISTED HEREON,AND ro THE Ass�cNEEs of THE LENDING INSE- PHONE (631)727-2090 Fax (631)727-1727 _`.•R j• C'E• TUTION.CERTIFICAI)ONS ARE NOT TRANSFERABLE OFFM LOCATED AT MM1NG ADDRESS THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF 1585 Main Rood P.O. Box 16 ANT, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 37-362A