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HomeMy WebLinkAbout1000-94.-1-4 I ` OFFICE LOCATION: OA\\QF OI MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) = u> >c Southold, NY 11971 ® �p� Telephone: 631 765-1938 eou�m,��' LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, AICP Assistant Town Planning Director LWRP Coordinator Date August 27, 2019 Re: LWRP Coastal Consistency Review for ZBA File Ref KEVIN S.MCLEOD AND CHUN Y CHEUNG#7313 SCTM# 1000-944-4 KEVIN S. MCLEOD AND CHUN Y CHEUNG#7313 -Request for Variances from Article XXII, Sections 280- 105 and 280-116A(1); and Building Inspector's March 29,2019 Notice of Disapproval based on an application to construct a pergola addition to an existing single family dwelling and to legalize an"as built"six foot fence at, 1) the pergola is located less than the code required 100 feet from the top of the bluff; 2)the fence is more than the code permitted maximum four(4)feet in height when located in the front yard; located,'at 605 Sound View Avenue,(Adj.to the Long Island Sound),Mattituck,NY. SCTM No. 1000-94-1-4 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,the proposed"as built fence" is recommended as INCONSISTENT with the below LWRP policies. 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 fence was constructed without obtaining required review or permits. As-built development does not minimize adverse effects of development by setting precedent and reinforces a traditional land use pattern of the Town of Southold that is not supported. The proposed action does not meet this policy. The pergola is EXEMPT from review. 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 f BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson 'Of $O(/�y® 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) Nicholas Planamento ®�,�rc®U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 April 16, 2019RECEIVED`L Mark Terry, Principal Planner A LWRP Coordinator Plannin Board Office Sng Pld Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #7313 McLeod, Kevin& Cheung, Chun Dear Mark: We have received an application to make a pergola addition to an existing single family dwelling and legalize "as built" 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 Chairpers n By: - Encl. Survey/site plan: Peconic Surveyors, P.C. dated November 19, 2018 FORM NO. 3 TOWN OF SOUTHOLD -7� BUILDING DEPARTMENT P SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO: Michael Kimack(McLeod) DATE: March 29, 2019 PO Box 1047 Southold, NY 11971 Please take notice that your application dated August 4, 2018 For a permit to make a pergola addition to an existing single family dwelling and legalize an"as built"fence at Location of property 605 Sound View Avenue, Mattituck NY County Tax Map No. 1000 -Section 94 Block 1 Lot 4 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 84 feet from the top of bluff, at its closest point Furthermore, the"as built"fence is not permitted pursuant to Article XXII Section 280-105,which states "Fences, walls or berms may be erected and maintained subject to the following height limitations: "When located in the front yard of residential zones the same shall not exceed four feet in height" The"as built"fence is 6 f in hei 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 BOARD OF APPEALS AREA VARIANCE House No. 6Q!5� Street SWVpVl cW .dyoe Hamlet "A27-Z "U CIG SCTM 1000 Section_?4 Block__/ _Lot(s)�L _Lot Size ZoneR-46 I (WE)APP V AL THE WRITTEN DETERMINATION OF THE BUILDING IN PECTOR DATED D BASED ON SURVEY/SITE PLAN DATED b 0.1 9 Owner(s): (�itV/ �S- k1c cr-oz> 6I ew-1/il/ V CAj40-&&, Mailing Address: E 'OnApr 6 C I /V. Y.Al. Y /0/?_8 Telephone:?/:' 7tf 11/7 Fax: Email: k*Ce,XOD 60C• C 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: jV6YA,61- A- AjWCje_1 for(IC)Owner( )Other: Address: p Q. 13 cX / 047_ 5-0472�?4LD. M,Y. 11971 Telephoner/6 d!jj%69 Fax: Email: &k1y&7<Zt9 V_E2(2QN-M,LFr Please check to specify who you wish correspondence to be mailed to,front the above names: ( )Applicant/Owner(s), (64 Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATE .7/9,0/ 9d l y and DENIED AN APPLICATION DATED A/4/-FOR: Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: xx I I Section: 790 Subsection: 116-A- O l tj 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 9c) ha , has not been made aL any time witill Ut;bPVk;L LU I property, UNDER Appeal No(s). ear(s). 77S . (Please be sure to research before completing this question r call our office for assistancey Name of Owner: ZBA File# 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 n2111AI properties if-granted,because: p-2c,/�PiPpPOSE� P.�PGD� W OUCD 'IV ffs.�w� ,41'1Gy1�/C4� 7- VZP04ZL McJ25/4,5 4 S'Thi Av opoe 7Y/S r> �9�vrl S' ►/f&erA�r4O u�/&A7V�f OR0cvr TTyE AS',BU/[TK o 6� Q V, ' 4�vl� OVEiP 6, RA ol,V !JOo,QS /s M op—r-,7, � VJ �a�S a M"ole YAW18.e��r1rc A'Av ry ,eayBZ.,V 76 ves%✓G ��BP tv� ,�J /� � g�!•v�t j4�Pelok re) ytZtJ��v/"Q��/�5'�f�� ��,2 a o �naccpTa�F�/G�i3�o D 2. a benefit sought by the applicant CANNOT be a ed19 e b'f or e PApp to pufsue, other than an area variance,because: Pf�G011� ,� f�Lf�C � W� .�� G�"P,pLcVIDUSLY0X1J-reP ANP pY-2 App.?OV,E.P PE(7eAA0D/?"1610U1 av � q ZA7-1/� ry P��134M� o a j7&V f1Aotp is,13'enh, r OR PR07;5c770V 6 �aea Gv��P hffWVZ �!Xr-o A oe,lr 464-57-/Z 3.The amount of relief regi r5talapjPAs/- X,7- i"" /12 O--YZ&5 PeO� _5S F,49 'C4,# Pg,lo,e ro ,ela v.4 c, o4op 0,04W Al 07'-4.a-4' TO 7-,07--41- G ar 7A1-1',4s AU1r�-RQQ,c 0, 02 7,0 TO /07- C d V.EiPAG 7WLc AWSO9 OG 6 lJv �'GUS 4�/j/c�S'.11A1,6 Nd 1 19j7AV 77.4L /SPA C7- yP�� The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: T�1�P�Q�QSfJ � PGaz.-P �y�►Ul�/(/a�-' P.lo����' ANY s/GAu/AlCaAv7' WrI14I- OW AP V,-VR /17P,4croo,�5 y"e 1 oP •v C,0A1,4C160/?A770,V V 7;Vk5 PROPORr,, , ivoLZ,O�/A/G� l � 5.Has the alleged difficulty been self-created? VYes,or { }No Why: Are there any Covenants or Restrictions concerning this land? 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. Si na re of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this U day of 20 umm otary Publ TRACEY L. DWYER NOTARY PUBLIC,STATE OF NEW YORK NO.01 DW6306900 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES JUNE 30,2Q4a, McLeod / Cheung Zoning Board of Appeals Application Summary of Variance Requests A. PERGOLA Existing deck with pergola was approved under C of O No. 39439, pursuant to building permit No. 41855 dated 8/2/2017.The pergola was removed in anticipation to reconstruct in a different style.The proposed replacement pergola on the existing deck would be 238.2 SF (18.5' x12.9' ). Proposed 3'4"x 15 'counter with storage below to be installed on west side of existing deck. An extension to the replacement pergola would cover the existing entrance landing. That portion of the proposed pergola would be 69.9 SF ( 6.125' x 11.5' ) The proposed pergola would also be extended over the deck addition as approved under ZBA File No. 7230.That portion of the proposed pergola would be 140.6 SF (10.7' x13.29' ) Total proposed pergola:448.7 SF =/= B. Legalize as built roof overhang over both garage doors which replaced an existing lattice.The as built roof overhang is 78 SF ( 3' x 26' ). C. Legalize existing as built 6 ft. wood stockade fence along westerly property line from southeast property corner to landward side of existing dwelling (155 ft.) Legalize existing as built 6 ft. wire fence set within substantial mature vegetation, along front property line from southeast corner to driveway gates. Vegetation visually shields wire fence from view. ( 86 ft. +/- APPLICANT'S PROJECT DESCRIPTION APPLICANT: &ZC&A5Z A ,CJ&& CZ DATE PREPARED: 4�2 D/9 1.For Demolition of Existing Building Areas Please describe areas being removed: Add II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: IV14 Dimensions of new second floor: Al Dimensions of floor above second level: Height(from finished ground to top of ridge): , A414 Is basement or lowest floor area being constructed?If yes please provide height(above ground) measured from natural existing grade to first floor: /V, h 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: Number of Floors and Changes WITH Alterations: IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: C',Lol Po4,Pe&oov) Proposed increase of building coverage: C/L 0 D 0 dYAPMA & Square footage of your lot: Percentage of coverage of your lot by building area: ZIEC, 4 710. 3 = D V.Purpose of New Construction: /-90 691ZW--& ZAWPZV& 0'A9890 V" Q 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): Alfw 22 PAW19 Acs Y rL o plw e"All J'6&"yz G1Z AWr_. r6 raR nr t3cuT,---j�2 <-6-rd. "'FA z/ -;Y=Y �r5E® evl VSJ A59U V9 _Je6AE7Y 4WAe ZAAIVSrAAIAI&. D /U LY CUTS 1R/1�0 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 _ LNo B. Are there any proposals to change or alter land contours? __/ No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? y�S 2.)Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? WJ&&Please confirm status of your inquiry or application with the Trustees:IUf^_-g2r (jT nZM RULING 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? AAA E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?_,AJ-0Please 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?�/�If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe:�s'!�C_ 0159H/7—NO_ qZ 924 � �A CM _D 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. 55z ifpLLOWIN& H. Do you or any co-owner also own other land adjoining or close to this parcel?-A/-O--If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel ,� 'Jfjj(/�?,t�G QiV lGY GUAR6AM60 and the proposed use r1&6j.E C,t�it'G ��G� ,4 AV D P6 (ex: existing single fami y,proposed:finfle d O L -----with garage,pool or other) /V oUT, AV Lam . Authorized signature and Date FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No. .A.l66 ........... Date ..........A;ASM1 ...J3.1<...1�63.... 19........ THIS CERTIFIES that the building located at . � .... ?�?d View ...V@ , Street Map No. . ........... Block No. X M. .............. Lot No. .MM.........Mattitucks 1C4...N®X,. ............. conforms substantially to the Applic�rgation for Building Permit heretofore filed in this office dated .................................. Mara.1i.... ..27... .. 19 3.... pursuant to which Building Permit No. ..�0 .. dated .......................NMI1.......3A........ 193...,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 ........ Private One FamilX..dwejl3.igg..:........I..................... The certificate is issued to .. :zb��'r .TaDL��? Otnor ...................................................................................................... (owner, lessee or tenant) of the aforesaid building. H.D. Approval August 9p 1963 by Ro 1Villa ........................ .Building ..Inspeetorf....................... FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N-Y. CERTIFICATE OF OCCUPANCY No: Z-30348 Date: 08/11/04 THIS CERTIFIES that the building ADDITION Location of Property: 605 SOUNDVIEW AVE MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 94 Block 1 Lot 4 Subdivision Filed Map No_ Lot No_ conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 7, 2003 pursuant to which Building Permit No_ 29872-Z dated NOVEMBER 28, 2003 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 SUNROOM ADDITION TO EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to JANE P MASTER (OWNER) of the aforesaid building. SUFFOLK COUTc.'i5: DEPARTA-= OF 103ALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO_ 2008332 06/18/04 PLUMBERS CERTIFICATION DATED N/A /17ti th ized Signature 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-31779 Date: OB/28/06 THIS CERTIFIES that the building INGROUND SWIMMING POOL Location of Property: 605 SOUNDVIEW AVE MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 94 Block 1 Lot 4 Subdivision Filed Map No_ Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 29, 2006 pursuant to which Building Permit No. 32182-Z dated JULY 3, 2006 was issued, and conforms to all of the requirements of the applicable provisions of, the law. The occupancy for which this certificate is issued' is ACCESSORY INGROUND SWIMMING POOL WITH FENCE TO CODE AS APPLIED FOR. The certificate is issued to JANE P MASTER (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. 7141 08/26/06 PLUMBERS CERTIFICATION DATED N/A 'Llo AA a 41 Au orized Signature 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-28480 , Date: 05/31/02 THIS CERTIFIES that the building ADDITION AND ALTERATION Location of Property: 605 SOUNDVIEW AVE MATTITUCK (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 94 Block 1 Lot 4 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 18, 2001 pursuant to which Building Permit No_ 27747-Z dated OCTOBER 1, 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 ADDITIONS AND ALTERATION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to JANE P MASTER (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO_ 1050022 05/09/02 PLUMBERS CERTIFICATION DATED 04/24/02 WALTER H 'BERRY or' ed Signature Rev. 1/81 Par coGy� Town of Southold 1/10/2018 o - P.O.Box 1179 o • : 53095 Main Rd Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 39439 Date: 1/10/2018 THIS CERTIFIES that the building DECK Location of Property: 605 Soundview Ave,Mattituck SCTM ff: 473889 Sec/Block/Lot: 94.-14 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 7/28/2017 pursuant to which Building Permit No. 41855 dated 8/2/2Q17 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: DECK ADI)MON WITH PERGOLA TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR The certificate is issued to McLeod,Kevin of the aforesaid building. COUNTY �1 PPRtAL ELECTRICAL CERTIFICATE NO. 41855 10-26-2017 PLUMBERS CERTIFICATION DATED Au ho d Signature sit TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN-CLERK'S OFFICE g SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 42924 Date: 8/6/2018 Permission is hereby granted to: McLeod, Kevin 120 E 90th St Apt 6C New York, NY 10128 To: make interior alterations to an existing dwelling as applied for. At premises located at:, 605 Soundview Ave, Mattituck SCTM #473889 Sec/Block/Lot# 94.-1-4 Pursuant to application dated 7/31/2018 and approved by the Building Inspector. To expire on 21512020. Fees: FAIGITI; DiwbG- $977.60-- C ION TO $50.00 Tot $1,027.60 Buil 'ng In for TOWN OF SOUTHOLD, NEW YORE DATE..Nov. 6, 1978 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2483 Dated September 27, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Susan Jacobs Appellant 605 Soundview Avenue Mattituck, New York 11952 at a meeting of the Zoning Board of Appeals on October 19, 1978 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ()() Request for a variance to the Zoning Ordinance 1., SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section ...... Subsection paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) bo confirmed because 9:20 P.M. (D.S.T.) Upon application of Susan Jacobs, Soundview Avenue, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct an accessory building in the front yard area. Location of property: Soundview Avenue, Mattituck, New York, bounded on the north by Long Island Sound; east by Saltaire Civic Association; south by Soundview Avenue; west by J. McLaughlin. 2. VARIANCE.By resolution o1 the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike In the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions o1 the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSEpR VE ZONING BOARD OF APPEALS FORM ZB4 iIrman Board A After investigation and inspection the Board finds that the applicant wishes to erect an accessory shed in her front yard area. The findings of the Board are that the applicant has plenty of area between her house and Soundview Avenue to place a 10 by 12 foot storage shed among the trees. The Board is in agreement with the reasoning 'of the Applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. ` On motion by Mr. Tuthill, seconded by Mr. Gillispie, it was RESOLVED that Susan Jacobs, 605 Soundview AVenue, Mattituck, New York, be GRANTED permission to erect an accessory building in the front yard area as requested. Location of property: Soundview Ave- nue, Mattituck, New York, bounded on the north by Long Island Sound; _ ,east by Saltaire Civic Association; south by Soundview Avenue; west by J. McLaughlin, subject to the following conditions: (1) The accessory building shall be no larger than 10 x 15 feet. (2) The accessory building shall be located at least 50 feet from Soundview Avenue and at least 15 feet from the easterly side yard. (3) Approval of the Suffolk County Planning Commission. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. /l RE'EIT'LD/�AND FILIED��B7Y jJ:Z SOU'j�7 "D TO ,1`I CLC.Liil DATE !//,(3/j 9 HOUR m Town Clerk, Town of Southold BOARD MEMBERS Southold Town Hall �0f SOUj�, 53095 Main Road•P.O.Box 1179 Leslie Kanes Weisman,Chairperson � O!O Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA Town Annex/First,Floor, Robert Lehnert,Jr., • y0 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoOI,YCQU Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS v -.so AW JAN 2 5 2019 Tel.(631)765-1809•Fax(631)765-9064 — So hold Town Clerk FINDINGS,DELIBERATIONS AND DETERNIINATION MEETING OF JANUARY 17,2019 ZBA FILE#7230 NAME OF APPLICANT: Kevin S. McLeod and Chun Y Cheung PROPERTY LOCATION: 605 Sound View Avenue,Mattituck,NY SCTM No. 1000-94-1-4 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this reiview falls under the Type H category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 21, 2018 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated December 18, 2018. Based upon the ,information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is it is recommended that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. ' Furthermore, the LWRP coordinator recommends the landowner replace the existing sanitary system with a I/A OWTS sanitary system. and that a vegetated non-turf buffer be installed along the bluff with planted vegetation native to the area. SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT: This application was referred or evaluation and recommendation to the Suffolk County SWCD. According to the information provided in a letter from the agency dated December 21, 2018, following an inspection conducted on October 26;2018 with a follow- up visit on November 29, 2018, the agency described the yard as well vegetated in turf grasses and generally flat. Natural slope of the yard does not pose issues for construction in current vegetated state. It was suggested that permeable or semi- permeable pavers for patio be used. Signs of minor erosion were cited on the east side'of the bluff top, and the agency suggested that a sprinkler which may have caused the erosion, should be removed. The agency commented that the design shows adequate drainage structures for pool, spa and shower. Furthermore, it is Page 2,January 17,2019 #7230,McLeod SCTM No. 1000-94-1-4 recommended that no heavy machinery be driven and stored within 25 feet of the bluff top as extreme weight and vibrations of such equipment may cause instability. PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 40,769 square foot waterfront parcel located in an R-40 Zoning District. The parcel has 25,800 square feet of buildable lot coverage. The parcel has 100.72 of bluff frontage along the Long Island Sound. The parcel runs 110 feet along Sound View Ave, 393.97 feet on the West side and 383.50 feet on the East side. The parcel is improved with an existing two story frame house and garage under, a pool, a shed, and a garage under construction. All is shown on a survey prepared by John Metzger,LLS, dated June 19,2018. BASIS OF APPLICATION: Request for a Variance from Article XXII, Section 280-116A(1) and the Building Inspector's August 13,2018,Notice of Disapproval based on an application for a building permit to make additions and alterations to an existing single family dwelling; at; 1) located less than the code required 100 feet from the top of the bluff; at: 605 Sound View Avenue, (Adj.to Long Island Sound),Mattituck,NY. SCTM#1000-94-1-4. RELIEF REQUESTED: The`applicant requests a variance to make additions and alterations to the first and second floor of an existing single family dwelling with a non-conforming bluff setback of 51.8 feet where code requires a 100 foot bluff setback. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 3,2018at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law $267-b(3)(b M. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of single family waterfront homes. The proposed additions and alterations are on the North side of the property and away from the public road. There is an accessory garage in the front yard of the properly which blocks the view of the proposed additions and alterations from the street. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing dwelling was built in 1963 prior to the current zoning regulations. The existing residence has a non-conforming bluff setback and any addition to the existing residence on the seaward side would require the benefit of an area variance. 3. Town Law $267-b(3)(b)(3). The variance granted herein is mathematically substantial,representing 49%relief from the code. Hbwever, the existing residence-is-5-5.8 feet-fturn--tb"lufand-tb"dditional-vw-iance relief is requested to accommodate a small second floor balcony. The applicant stated that the proposed balcony will be cantilevered into the framing of the house; and therefore, will not need any additional excavation or concrete footings disturbing the bluff. 4. Town Law 4267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. However, the LWRP coordinator recommends that the existing sanitary system be upgraded to an UA OWTS sanitary system, and that a vegetated non-turf buffer be installed along the bluff with planted vegetation native to the area. In addition,the applicant must comply with Chapter 236 of the Town's Storm Water Management Code. Page 3,January 17,2019 #7230,McLeod SCTM No. 1000-94-1-4 5. Town Law &267-b Rffl{5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law U67-b. Grant of the requested relief is the minimum action necessary and to enable the applicant to enjoy the benefit of a second floor terrace and sunroom addition while preserving and protecting the character of the neighborhood and the health,safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dantes, seconded by Member Weisman (Chairperson), and duly carried,to GRANT the variance as applied for, and shown on the Site Plan, dated August 16, 2018, Elevation Plans, dated August 14, 2018 (pages 1 & 2) and July 18, 2018, and Architectural Floor Plan Plans, dated July 18, 2018, all prepared by Mark Schwartz, Architect. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall replace the existing sanitary system with an UA OWTS sanitary system as approved by the Suffolk County Department of Health. 2. The applicant shall install and maintain a 10 foot wide non-turf buffer along the top of the bluff and remove or re-direct any in-ground sprinkler heads that are directed toward the bluff. 3. This approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future fir-other-feature-sf-the-suhat may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three Page 4,January 17,2019 #7230,McLeod SCTM No. 1000-94-14 (3) years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson), Dantes,Planamento and Lehnert. This Resolution was duly adopted(4-0). (Member Acampora was absent) Leslie Kanes eisman, Chairperson Approved for filing / o�a /2019 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: ke,,rIIV S. Ile 462P eWl CJJ0 v y C /VZ 0&& 2. Address of Applicant:- /,?O 70 ,�M'�4/�T: C. Al.�AlY L a/Z8 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed Project: ® OS' G G/ 17 Roap ame 6ARA626a6O&S, (5 j9- CUDOD ,rTdc ,tam WILE 86VQ�FS 6. Location of Property: (road and Tax map number) 6/.,!� H4T1 7VC& ! /4041— 4 7. Is the parcel within 500 feet of a farm operation? { } Yes )<No 8. Is this parcel actively farmed? { } Yes PQ No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) ^ rn I Signature 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. Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner 1, IC�VIN McLCO� residing at /ZO 0, -L&S.T. z4/�T .6 G (Print property owner's name) (Mailing;Address) N V lily l CIZ 4—do hereby authorize 1-fl C,44, j q:, /M�j CAf (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owne 's Signature) A (Print Owner's Name) _ AEU1A.1 S. Mc L,rOD 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 cep alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME :MC 4.Ew kA_ VI (Last name,first nume,middle initial,unless you are applying in the name of someone else or other entiti,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 Le Variance 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 Sotithold?"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 imnership,of(or employment by)a corporation in which the town officer or employee owns more than 51%of the shares. YES NO If you answered"YES",complete the balance of,this form and date and sign where indicated. Name of person-employed by the Town of Southold Title or position of that pers6n ; Describb the'relationship•behveenyourself(the a(tplicant/agent/represettt'ni ive,)and the town officer or employee.Either check the appropriate line A)through D)and/or,describe in the space provided. 1"he to%%it 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(whetrthe applicant is a corporation) B)the legal or beneficial owner ofany interest in u 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 RELY-TIONSHIP -Submitted this 3�> dof Qf ri( ,20, 10( sigilatuic Print Name. KEV1A1 M C L,6OD APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethies prohibits conflicts of interest'on the part of town officers and employees The purpose of(his 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: C1/51/416, C'tiNUAl V. (Last name,flrst name,middle Initial,unless you are applying in the name o1 someone else or other entity,such As n company.If so,indleMe the other peisun's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance ? Trustee Permit Charge 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 of etnploye"c 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 emplo,•yee has even a partial ownership employment by).a corporation in which the town officer or employee owns more than 5%o of the shares. YES NO >e__ 11;yot{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)•t►nd the town offleer or emploi'ee. Either check the appruprlaie 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%.uf the'shares of the corporate stock ot'theapplicant(when the applicant is a corporation) B)the legal or beneficial owner'of*any,interest in a iron-corporatc,entity(when the applicant is not at corporation) Clan offieer,,direetdr;partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RLLATIONSH1I,P r " Submitted this day of rt( ,20 11 S 1-gm-ft Print Name 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: V_&2 C4 1-11 C&AW 4 (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 �� Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the appticant/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 day of. 20 / 7 Signature Print Name_ /`7/ �L A IeMAC& 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: C Project Location(desef ibe,and attach a location map): 16125- .I' W A it 4, . OU Brief Description of Proposed Action: s .rv�•y�,�Y d� VA9141V12E A500-- 'goa 04V11V& Name of Applicant or Sponsor: Telephone /i C E- a'1• Xw4w,916- MZ_Address: iTtOV 7 City/PO: State: Zip Code: S Gl 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: \/ P5a��s �C 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? (�" 9.76 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial XResidential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 McLeod / Cheung Zoning Board of Appeals Application Summary of Variance Requests A. PERGOLA Existing deck with pergola was approved under C of O No. 39439, pursuant to building permit No. 41855 dated 8/2/2017.The pergola was removed in anticipation to reconstruct in a different style.The proposed replacement pergola on the existing deck would be 238.2 SF (18.5' x12.9' ). Proposed 3'4" x 15 'counter with storage below to be installed on west side of existing deck. An extension to the replacement pergola would cover the existing entrance landing. That portion of-the proposed pergola would be 69.9 SF ( 6.125' x 11.5' ) The proposed pergola would also be extended over the deck addition as approved under ZBA File No. 7230.That portion of the proposed pergola would be 140.6 SF (10.7' x13.29' ) Total proposed pergola:448.7 SF B. Legalize as built roof overhang over both garage doors which replaced an existing lattice.The as built roof overhang is 78 SF ( 3'x 26' ). C. Legalize existing as built 6 ft. wood stockade fence along westerly property line from southeast property corner to landward side of existing dwelling (155 ft.) Legalize existing as built 6 ft.wire fence set within substantial mature vegetation, along front property line from southeast corner to driveway gates. Vegetation visually shields wire fence from view. ( 86 ft. +/- 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? 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 b.Are public transportation service(s)available at or near the site of the proposed action? v 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 technglogies: 10. Will the proposed action connect to an existing public/private water supply? �� NO YES If No,describe method for providing potable water: /114 X 11.Will the proposed action connect to existing wastewater utilities? h NO YES If No,describe method for providing wastewater treatment: Al X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? 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? Y If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Id ntify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: Id ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, �/ a.Will storm water discharges flow to adjacent properties? ❑NO❑YES !� b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO ❑ YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 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: 1/ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS_ TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: J0 H,4C Date: , /2 Q! Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" - _ No,or Moderate small to large _ - impact impact - _ may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: _ a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate : small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency.,*Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# The Application has been submitted to (check appropriate response): Town Board .0 Planning Dept. 0 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 0 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: McLeod / Cheung Zoning Board of Appeals Application Summary of Variance Requests A. PERGOLA Existing deck with pergola was approved under C of O No. 39439, pursuant to building permit No. 41855 dated 8/2/2017.The pergola was removed in anticipation to reconstruct in a different style.The proposed replacement pergola on the existing deck would be 238.2 SF (18.5' x12.9' ). Proposed 3'4" x 15 'counter with storage below to be installed on west side of existing deck. An extension to the replacement pergola would cover the existing entrance landing. That portion of the proposed pergola would be 69.9 SF ( 6.125' x 11.5' ) The proposed pergola would also be extended over the deck addition as approved under ZBA File No. 7230.That portion of the proposed pergola would be 140.6 SF (10.7' x13.29' ) Total proposed pergola:448.7 SF B. Legalize as built roof overhang over both garage doors which replaced an existing lattice.The as built roof overhang is 78 SF ( 3' x 26' ). C. Legalize existing as built 6 ft. wood stockade fence along westerly property line from southeast property corner to landward side of existing dwelling(155 ft.) Legalize existing as built 6 ft.wire fence set within substantial mature vegetation, along front property line from southeast corner to driveway gates. Vegetation visually shields wire fence from view. ( 86 ft. +/- Location of action: 615� ,f'V//mo AV5 HAZIZEVC16 Site acreage: a. 9g 6 Present land use: A5S14!25NZ//9G a&/5 FAI-114y Present zoning classification:_— 4 Q 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: H/CA114161— A (b) Mailing address: J_ ,60x 04 7 (c) Telephone number: Area Code( ) J��b �,�8'6 80-7 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No If yes,which state or federal agency? 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 Z Not Applicable ;EeopaS 1 Co�M��� �.UO t�C� c o��iV J;pi�-ems ",Q 0 0,42 19A m & D�!>�LELopi`l,�iV� 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 Z Not Applicable a6�ACZ 125,0 14 fll.S��2�C �,V,� Q.+2 dip CHi�,E06061642- 2FSOU OEE Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes 0 No F� Not Applicable 7 �' �ajC�r�/.t/GUCrLr}J G !S'A>a➢�DlS'e � vc U rl-ILMa VZ&2AV-4 . 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—PoliciesPages8 through 16 for evaluation criteria Yes 0 No u Not Applicable iZ aV 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 0 No Not Applicable VARIAN CE9 N I7- ,4,e—PZ1rW&9 To Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including igm scan oafs al—Fishand W'il�Iife Nabia and wetlands. Nee ec ion 111---Policies; Pages 22 through 32 for evaluation criteria. Yes [a No,K Not Applicable Qro )PtoU cy 6 Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ Nog Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No X 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. ❑ YeO NoJF6:1 Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and.promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No X Not Applicable .Rk5Q1J 57Z:D V/9 /A N rES: /V dT A/'l-L WAW-4 n R&I CY 0 Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No 1'o'eK-J Not Applicable RE Q U,6� VAR1-"C,,-c5 NOEA- 4eV 0994E 720 AW C31/ Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 forevaluationcriteria. ❑,Yes 1:1 No 0 Not Applicable ZAtta ,Q �(J_1''T��J/��P/�4 /LJ(, /J�7r•�p1�L1 C 4E TO PDL/CY /Z- Attach ch additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable Created on 512510511:20 AM TOWN OF SOUTHOL� 1 '.��, I �° + R �* �.RD CARD -� `--, DWNER STREET �S V LAGS D[STRICT SUB. LOT =ORMER 0 ER N E s� EAGE �+ T • %:;& Q_ _ S W n TYPE OF BUILDING:T b,b,�> _A&-w AY,--- A 0 C�"LAf of SEAS. L.,;• y, FARM `COMM. I IND. I CB. I MISC. I Est. Mkt. Value LAND IMP. 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