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1000-115.-11-8
OFFICE LOCATION: OF SOUT�o MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 G Q Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Assistant Town Planning Director LWRP Coordinator Date November 30, 2020 j Re: LWRP Coastal Consistency Review for ZBA File Ref CARRIE TINTLE#7444 SCTM# 1000-115-11-8. r CARRIE TINTLE#7444-Request for a Variance from Article XXIII, Section,28 0-124-and the,Building Inspector's August 17,2020 Notice of Disapproval,based on an application for a permit to legalize"as built" additions and alterations to an existing single family dwelling; at 1) less than the code required minimum rear yard setback of 35 feet; located at: 1235 Luptons Point Road, (Adj. to Deep Hole Creek)Mattituck,NY. SCTM No. 1000-115-11-8. 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 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 structure was constructed without obtaining required permits. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy,Town Attorney BOARD MEMBERS 0 sour Southold Town Hall Leslie Kanes Weisman,Chairperson �� /y� 53095 Main Road•P.O.Box 1179 �� l0 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G c Town Annex/First Floor, Robert Lehnert,Jr. �`�� • �O 5437.5 Main Road(at Youngs Avenue) Nicholas Planamento �o Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVE® TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 OCT .1 4 2020 Southold Town October 14, 2020 Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #7444 Tintle, Carrie Dear Mark: We have received an application to legalize "as built" additions and alterations to a single family dwelling. 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. ZZ 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 th' letter. Thank you. Very truly yours, ' Leslie K. Weisman Chairp so By: Encl. Survey/site plan: Fox Land Surveying, dated July 13, 2020 GOGGINS & ASSOCIATES ATTORNEYS AT LAW 132-35 Main Road P.O. Box 65 Mattituck, New York 11952 Phone (631) 298-4818William C.Goggins,Esq. September 29, 2020 Fax (631) 298-4214 gogginslaw@gmail.com Donald Mates,Esq. Southold Town Zoning Board of Appeals Of Counsel 53 095 Main Road Philip J.Branigan,Esq Southold, New York 11971 Of Counsel Re: Carrie Tintle Premises: 1235 Lupton Point Road, Mattituck, New York SCTM No.: 1000-115.00-11.00-008.000 Dear Sir/Madam: Enclosed please find original and eight (8) sets of the following: 1. Notice of Disapproval; 2. ZBA Application; 3. Short Environmental Assessment; 4. Town Property Assessors Card; 5. LWRP Form and Agricultural Form; 6. Photos of property; 7. Owner/Agent Authorizations; 8. Survey; 9. Deed; and 10. Check in the amount of$500.00 If you have any questions, please do not hesitate to contact the undersigned. V 1 TGggins William C. WCG\dmp enclosures FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. • •tea, NOTICE OF DISAPPROVAL DATE: August 17, 2020 TO: Ronald Cohen/Carrie Tintle 1235 Luptons Point Mattituck,NY 11952 Please take notice that your application dated August 10, 2020 For permit to legalize an"as built"additions and alterations to a single family dwelling at Location of property: 1235 Luptons Point Road,Mattituck County Tax Map No. 1000—Section 115 Block l l Lot 8 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming 10,890 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXIII, Section 280-124,which states that, on lots measuring;less than 20,000 square feet in total size, a minimum rear Yard setback of 35 feet is required. The"as built"construction notes a rear yard setback of+/-29 feet. uthorized Signature Cc: File,ZBA 4 Fee;S Filed By; Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 1235 Street Lupton Point Hamlet Mattituck SCTM 1000 Section 115 Block_.LLLot(s) 8 Lot Size,315aeren Zone_ R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DAtED_LjMjy 13, 2020 Owner(s): ('arrte Ttnrip Mailing Address: 2181 White Road North, Windham, VT 05359 Telephone:631-298-4818,Fax: 631-298-4214 Email; gogginslaw@gmail.com NOTE:In addition to the above,please complete below if application is signet)by applicant's attorney,agent,architeti, builder,contract vendee,etc.and name of person who agent represents: Name of Representative:William C. Goggins for(X)Owner( )Other.—.— Address:- P.O. Other: _Address: P.4. Box 65, 13235 Main Road', Mattituck, New York 11952 Teleph6ne:631-298-4818 'Fax: 631-298-4214 'Email: a2i?sins1aw@Rma11.com Please check ra apecifp who yen wish correspondence to be inalled to,front the above names: O Applicant/Own6r(s), (X)Authorized,Represei(tative,•O Other Name/Address below:, WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED FOR: { )Building Permit O Certificate of Occupancy O Pre-Certificate of Occupancy ( )Change of-Use (X)Permit for As-Built Construction O Qther:. Provision of-the Zoning Ordinance Appealed. (indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: XXIII Section• 280-124 Subsection: Type of Appeal. An Appeal is made for: (10 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. O Interpretation of the Town Code,Article Section OReversal or Other A}mor appeal ) as, ())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 office for assisronce) Name of Owner: ZBA File# i' 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 nearby properties if granted,because: It is not visible to any Neigbors and it is not undesirable to look at 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: This is an existing patio installed by the builder 5 years ago 3.The amount of relief requested is not substantial because: the set Back for the patio is at 29.7 feet back and the code is 35 Feet 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 10 feet above sea leave[ and will not require wetlands review 5.Has the alleged difficulty been self created? { } Yes,or { } No Why: Our builder installed the patio because of the grade changes and the doors out back . Builder did not keep it at ground level as approved because it would not work 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. Sign re of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this 0'.—day of un'e 20 --b I Notary Public Rtd A.GENOINO N ryState of New Yottc Suffolk conn Commisston Expires July 18,7'0.163 , L QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? XYes 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? No 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? Yes 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trusteeshr its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: Aplication has been approved 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 bairiers,-bulkheads or fences that exist that are not shown on the survey,that you are submitting? Nn 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?_pg_If yes,please submit a copy of your building permit and survey as approved by the Building Department,and please describe: wnrk is rnmplptp anri final incnprtinn approver, 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?__Mo_ If yes,please label the-proximity of your lands on your survey. I. Please list-present use or operations conducted at this parcel and the:proposed,use (ex:existing single family,proposed:-same with garage,pool or other), Authorized signature and Date "FIACAA 1"S YKUJt;CT I)EN IMMUN APPLICANT: Carrie Tintle DATE PREPARED: June 15, 2020 1.For.Demolition of Existing Building Areas Please describe areas being removed: II.New Construction Areas'(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second-floor: Dimensions of floor above second level: Height(from finished,ground to top of.ridge): Is basement-or lowest floor area'being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: 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: Two story dwelling with a second floor small addition New landscaping Number of Floors and Changes WITH Alterations: Patio was added in the rear to exit the building IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage,of buildings on your property: 2o17, ft Proposed increase of building coverage: P3t;n'ARa sq ft Square footage of your lot: 1251 Q cn,fly Percentage of coverage of your lot-by building area: 1r,01 V.Purpose of New Construction: Patin for rear exit VI.Please describe the land contours (flat,slope %,heavily wooded,marsh area,etc.)on your laud and how it relates to the difficulty in meeting the code requirement(s): they're 2 exit doors in the rear of the house on each side of the back Wall . The property slopes down from left to right almost 3 feet to an existing basement entrance Please submit S sets of photos,labeled to show different angles of yard areas after�staldng-corners for new construction,and photos of building area to be altered with yard view. 4/2012 'J.'UWN 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 widrin 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 ofPlannhig in accordance with Section 239m and 239n of the General Municipal taw. I. Name of Applicant: Carrie Tintle 2. Address of Applicant: 1235 Luptons Point Rd Matbtuck NY 11952 3. Name of Land Owner(if other than Applicant): 4. Address of Land Owner: 1235 Luptons Point Rd Mattituek NY 11952 5. Description of Proposed Project: Two story dewdling with a second floor small addition 6. Location of Property:(road and Tax map number) 7. is the parcel within 500 feet of a faun operation? { ) Yes ()(No ._.—B., Is this parcel actively farmed? { ) Yes {kNo 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) Signature of Applicant Date i 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. 517.20 Appendix B Short EnvironmentalAssessnient.Form Instructions for Cotnyieting Part I-Project Information. The applicant,or project sponsor is responsible for the c9mpletion of Part 1. Responses become part ofthe application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. ! fart I-Project and Sponsor Information Carrie-Tintle Name of Acfion or Project• r'23S l , Project Location(describ and attach a location map): Town of Southold NY Brief Description of Proposed Action: existing Patio needs a variance due to set back is not 35 ft Name of Applicant or Sponsor: Telephone: On A Address: e: e Tintle E-Mail: carrietintle ahoo.con! tnnq Point Road CityJPO: State: Zip Code: 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 pioceed to Part 2. 1f no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other govenunentai Agency? NO YES 1f Yes,list agency(s)name and permit or approval: 3.a.Total acreage of the site of the proposed action? _ acres b.Total acreage to be physically disturbed? A4 acres c.Total acreage(project site and any contiguous properties)owned at or controlled by the applicant or project sponsor? _ acres 4. Check all land uses that occur on,adjoining and near the proposed action. El Urban a Rural(non-agriculture) o Industrial d Commercial 4 Residential(suburban) o Forest a Agriculture o Aquatic ❑Other(specify):X o Parkland }} f, Page I of 4 E' a 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: 8. a.Will the proposed action result in a substantial increase in traffic above ? bo a present levels. NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 7Wfllposed actionconnect to an existing public/private water supply? NO YES escribe method for providing potable water: f 7 1 I.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a Does the site contain a Places? structure that is listed on either the State or National Register of Historic NO YES ' b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO- YES I wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agriculiural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban 3Q 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? XNO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: XNO❑YES Page 2 of 4 • i 1$.Does the proposed action include construction or other activities that restilt 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 ofthe 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: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND AC'Ci73tATE ::/; KNOWLEDGE Applicant/spons e Qorn. . f P_ Date: (�he 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 f 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 1. Will the proposed action create amaterial conflict with an adopted land use plan or zoning occur octan 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? g. 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 t reason abl available energy conservation or renewable energy opportunities? P 7. Will the proposed action impact existing: {{� a_public/private water supplies? 4' (i b.public/private wastewater treatment utilities? f! g. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aestheticresources? i 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? p 1 Page 3 of 4 €, 4 No,or I Moderate small to large impact impact may may oceuk occur I Q. Will the proposed action result in an increase in problems? the potential for erosion,flooding or drainage 1 1 J. Will elle proposed action ereate a hazard to-environmental resources or human hoWth? pal, Determination of iignifica ce. The Lvad,Agency is responsible for the sonlp191loa of Part 3. For every qurztion in Part 2 that was answered-moderate to large impact may occur",Of ifthere is a need to explain why a r element of the proposcdd action may or will not result in a significant adversts environmental impact,please eompletepart particular ;Part 3 should,insufficient detail,ldcm4 the impact,including any measures or design elements that have been lete'pincludsd 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. i 0 Check this box ifyou have determined,based on the information and analysis above,and any supporting documentatjonn, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. a, 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, ]Mame of Lead Agency bate Print or Type blame of Responsible Officer in Lead Agency Title of Responsible t7ffcer t4 Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible officer) - P Page 4 of 4 f d� r 1�� T w v F � _ :rd r .i. ttt M kms' yy _ � `� ..yam✓1 ��� �r�� ' �� �- -�AW eI� j r•'s - 't f :V! WFICE ADDRESS: TLax ► � Q e� 1OFF=MDaR5•rm P210M, 53(395,R0V M` 25-P-0.sax 1409 C43f T QF.Il73� ` I3 I3 + PRj0P'EPE'r rr ]BRILI, TION-ME 8-00 AX4TQ 41(W M 80iITHOLD,I+T'i 11971A499 DEQ R 1.PAI9-NOV• EyII 30 2020-TAMS B3WQ=A UEN DEER I 2ND G41_?66-ISOS PAM 631-765-3189 , FFTHE WORD°ARREARS°IS PRINTED HERE SEE • M01 ICE OF ARREARS ON REVERSE SIDE . 473889 115.-11-8 '382 14859 1235 LUPTON PT RD 0..25 BAS STAR 470 50,538 SCHOOL 313,994,939 2,259,686 210 1 1 1 Family Res TINTLE CARRIE 1235 LUPTON POINT RD 12/09/2019 1,600 7,400 _ , MATTITUCK, NY 11952 dl,11049: off, SUM TINTLE CARRIE e • e w sQNa 1st Half 14864 $5,059.25 02/25/20,19 ASSESeEDy"S i MIt00 OF FULL VALTt1 2nd Half 14864 $5,008.67 05/31/2019 7,400 4 sClf - 0,93%.(T"n[4 795,699 L D S PT11Ci 1 4 rune-M 3Cl5 TAX AMI MMT" TOTALTAXAFADUUT. MATTITUCK SCHOOL 65.23% 7,400 896.408 1.80% ; 6,633.42.' MATTITUCK LIBRARY 4.74% 7;_4,0,0 ; z�,.=651:'119 2.70% 481.88' '+--� _ '•-,1�•-'rte" �. '!+-.. ` This year's STAR exemption benefit cannot exce- last years benefit M -421.31,1 (414%) FOR SCHOt 6.693.9911 SUFFOLK COUNTY TAX 1.30% 7,4U0;.� r17.y903 O:OOg 132.48 Y,...+1 JAX ® 1.30% --COUNTY,. 132.48 SOUTHOLD TOWN-TAX23:32% 7,400 Y¢32`0, 39i8 2:60% 2,37 0,,95 Tj LEVIEDJAX 23:32% • b • 2,370:95 NYS REAL PROP TAXLAW 0.63% 7,400 V 8.673 0.10% 64.18 MTA PAYROLL TAX 0.04% 7,400 0.597 —10.30% 4.42 OUT OF CTY SCCC 0.08% 7,400 s 1.138F —50.905% 8.42 MATTITUCK FD 6.49% "°'�r` _,'73,;4`00; _"z;g92'bA',';!�:+1:2:7'0'*%,. _ 660.08 MATTITUCK PARK 0.87% -` 7 9'0'0` "'`T1'r 98e7 =`'� 0.00 ` 88.70 SOLID WASTE DISTRICT 1.43% 7,400 19.642 6.70% 145.35 TAXLE .. ED9.54% 6 t 971.15 �lR aT�9�1.1'�A Mid �Ak.�"T�� TOTAL UKLEVY 5 084.28 $5 084.29 __ . _ 10168.57 auF:'c a�.80T6€�AYaBLF UT.REN�S7Y T�1 fAN.?0,2020 nec t,iso rt rrtro r airrT� a� ,2 S F� - `TJJS Teti#Ift SE ►A0[+'s4 Q t�Tkly' ilkSt�tU .I RFF FiFt ASF RlFC--'FnR 49F�i uT'!: tFYc�I F- :41DF.-F[�"RFtJaI TY�[:H63?t➢F bP8't fSCSll3Tlf t:t'&A'r 7�ht iR ,h'C]T1rim - - a1t:,. ."-a' .�- ',_al..tir.:" +'i�' :".r:. .rj.Y . G. rr`` r».� ,,`i";: «, - '•C�Kr. �. ;i �'`�i i;� �+, i r�i,� `,r.,,5�.: .' ,.,. `'.+i;%.. ';i;:c •-,4" „t%'= %v.�.�' ¢. ,�. _+.+ �r �,'�ir2a'`�"rsa�.z:i"-".,ar,..ri�, �.,,,s',M,r,-'.%R�k na^.,>, „�u .,,.�';'`�" �3"''Cor,.z,. �.. alr�ro'w`i^�,_::`'s_r„x;. <^t.,", ,,, _ _ '.,i^'�`�er ,`'.`�%--t'..�^zn., .,�,<�,:, _�-'yv.. .."4:a� r,,,,yf:,-s'Y;�i”"�J.."Fa_h;k•xe..,..�£;.,-1` d'..�.:,.�x'"`u r & c ��>u 1 t t -F✓Y�'.'c{t.x,'.'„� �.h - �. �� a. fi .7t.,,a-s s=..= �a` r� _ _ Town of Southold LWRP CONSISTENCY ASSESSMENT FORM- A. INSTRUCTIONS 1. All applicants`for -permits* including Town of-Southold 'ageri'cies, shall complete-flus`CCAF- for. proposed actions that are subject to the Town of Southold'.Waterfront"Consistency geview Law. This ' assessment is ;intended to supplement other,informatian,-used by-a-,Town''o_f.Southold agency, making a*determination-of consistency:`*Eiccept minor exempt actions�including'Buflding Permits `i and other ministerial permits not located within the doastal'Erosion Hazard Area. - 2. Before answering the questions in Section C, the'preparer of this form-should'review the` ex 2. minor action list, policies and explanations-of each policy contained in the Town of Southold-L©cal Waterfront Revitalization Program. 'A proposed action. will 'be eval'aated' ,as to' its signifi'nt;: beneficial and adverse effects,upon the coastal area,(which-includes.all of SoutholdToym),. 3. If any question-iin.Sectivn-C on'this form is answered,:'yes",then the proposed=action may,affect the'` achievement of the,LWRP policy standards and,cianditiuns contained irl the consisteney,aeview�law., Thus,.the action should be-analyzed.-in more detail arid, if accessary; modified prior ta_tnafc4i9:9.determination that it -is consistent to the maximum extent practicable with the'=LWRI' `policy - standards and conditions: .If an action cannot be_certified as consistent with tie I;WRF policy standards and conditions;i :slid11 not he,iundertakenr, , A copy of the_LWRP is available in-the following,places: online at-the Town of-Southold's website (southoldiowi n.northfork.net), the Board-of,Trustees Office, the Planning Iaepartmcnt,;au. local-libraries and the Town Clerk's office. = -B. DESCRIPTION OF SITE AND PRO'I'OSEWACTION' SCTM# 115` i i _ g The Application has been submitted to(check appropriate,iesponse): Town Board Planning,Dept, Butilding Dept. l Baard.of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) ` Action-undertaken directly by Town agency(e.g.capital; construction,planning activity,agency regulation,land transaction) ; El (b) Financial assistance,(e.g. grant,loan,subsidy) (c) Permit,approval; license,,cerdfieadon: Nature and extent of action: VAHAnrp to nrnv 1n Atfnn of as h„i1t rnnnrPt satin location of action: 1235 Luptons Point Rd Mattituck NY 11952 Site acreage: 1/3 Present, and use: single family residence Present zoning classification: Residential 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: Carrie Tintle (b)'Mailing address: 1235 Luotons Point Rd Mattituck NY 11952 (c) Telephone number:Area Code( ) 631-804-6687 (d) Application number, if any: Will the action be directly,undertaken,require funding,or approval bya.state or federal agency? Yes ❑ NoIXI If yes,which state or federalagency? DEVELOPED COAST POLICY Policy 1. Foster-a pattern of development.in the Town of Southold that enhances community character,, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See-LWRP°Section III=Policies;Page 2"for evaluation criteria. ©Yes No (Not Applicable-please explain) Attach additional'sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of,Southold. See t LWRP Section III—Policies Pages 3 through 6 for evaluation criteria i - Yes ❑ No .(Not Applicable—please explain) Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages-6 through 7 for evaluation criteria ® Yes 0 No (Not Applicable—please explain) 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 Yes © 'No D (Not Applicable—please explain) patio is not in the water - 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 E No D (Not Applicable—please,explain) P patio 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. �r— Yes Mr No[� (Not Applicable—please explain) 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. See Section III—Policies Pages;34 through 38 for evaluation criteria. Yes ❑ No❑ (Not Applicable—please explain) 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 ❑ (Not Applicable—please explain) 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. ® Ye,0 No❑ (Not Applicable—please explain) 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 ® (Not Applicable—please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. 0 Yes ❑ No© Not Applicable—please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LVWRP Section III—Policies; Pages 62 through 65 for evaluation,criteria. ❑Yes ❑ No Not Applicable—please explain 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. ❑ Yes ❑ No ® Not Applicable—please explain A." r _ -'s - - =`• - as '��-_ - Ls3`` 2' �e± Y'- _ a` s� _ ~"4"F 2 r4:K4' - Y'r=i } »£i.'. vl;FP'e*`�:. ^dt'_"•R"C=;:4W:.�,e ..,'wLe� ' "=;'s,4. ,p:,a- - :``.� - >::;anGc. %„.a�".'E'.»`-'” .�s«. .a,. �.-.:...,„-.�..»,.�-.+-' ;.v-�: ;�'� .��i�'�s.�u � .-m:e'�""-•. ,., .�3sa. AGE TUREPRESENTATIVE 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 or this form is to provide information which can alert the town of nossible conflicts of interest and allow it to take Hhatever action is necessary to avoid same. YOUR NAME: William C. .Goggins (Last name,lust name,middle initinl,unlas you are applying in the acme orsomeone etre or otherintity.such as a company.Irso,Indicate the other person's nr company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building,Permit . 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'ia 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 applicantlagen0representative)and the.town officer or employee. Either check the appropriate line A)through D)antUor 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 mar the shares of.lhe corporate stock or the applicant(when the applicant Is a corporation) B)the legal or beneficial owner or 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 ,P)the actual applicant DESCRIPTION OF RELATIONSHIP None Submitted th 0th day orAugust .,2t)20, „ Signature Print Name WILLIAM C. -GOGGINS T APPLICANT/OWNER TRANSACTIONALDISCLOSUREFORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the cart 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: Tintle ,Carrie (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 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 No,sign and date below.If 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 cheek 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 of20 Signature `I Print Name t. I Y, r `� �:.,a - ->7✓`r -__-""�,� i:�„ ,��"{'i"?%';4:? __ "+•$_ - 'c.'., u- ,�. .;Ft � a r-,'�+x„ - -d':'4-u+, e. ..,a:.�,,, _�'�a� °Ka...�.g--.� .',�° _"�=�" `'S°`f,`fr-:rn S.°-._�., w�, ^;�;;+�':>�` '-.; ..a.�-_,.`=,+�,��,•a -'tr.a'-�"'=;"?.`�:;.'r,-�,rs`r.:a�,v -:_� F.t,,r_ t. =r- *�"i 's:�:E';:s -- vY.P,+ p��°°;: nvaa. - -,t'� y,<�r"�` -.hvr =rx-+••,-^'�-.�.k�.,,. 4;<..,r; i:'�`",e r.w -4. .�Je^xs_.. �7.-°-J, ,�v'' -s"i�,!'q;���ae�".t .,'ti--S;C, ,� +,'S� ..., _';�„y—,y, :�..,,.tx�'rn..,r�-n.*•,f.,-t... Kr. .x1" Y.��,+�.t, tX't"�it.•;a.;.K":'.'�rs4a. .x, -'Y+s�•.S; -� .``��.i;,;�,r:4:;y". 'S3`.�'4*''T,"`.::✓:� 'iJ, - - "3i', �.,.,�.-� ��;�"d;;s�;x�b;;�-��_.��="5•;�;w^n��°":z. -a�:.:'z:eY�r:;�;��-;,q,-._t`wra z,.��rik,..".,,;�,�.^i,,,s;=t�`f,• -y, ,.-.�:,=u;. ...fix- ,.x..,�.,a>y",YQ -yn t ,,„-.i %ir, °,.0 xk:"�;P. ;.�:-r;��' «P ''�< - `�`"'' ,,;=„r.....,,,,�,,,,.'�'='�_�.��s.,.,�i.i"`,.���'.'`.�" __•;Y!��_�:���,..t.,N �:,i ,.t-��.. ,*'_.r'�r�„��.L�,.....'1*+�.�i'm'�< rr^�fi'�'r�.aA,;;a,t `t�s+4#,,x'R,•., ���s=_.>-. .� � d Board of Zoning Appeals Apalication ' :AUTHORIZATION ' (Where the Applicant is not-the O%vner) I� .LlT r f p Tint1 a -residing at 2181 White Road 'NarthWindham, VT: 05359 (Print,property m ner's name) (Mailing Address) ; do hereby authorize William. C. Goggins (Agent) to apply for variarice(s)on my behalf from,the Southold Zoning Board of Appeals. (Owner's Signature) CARRIE TINTLE (Print Owner's Name) • 2 2 Ii1:C�pEp 2010 Sep 08 04sWi11 PN wwberof a, es JUDITH A. PA9CRLE CLERK OF SUFFOLK COUNTS+ This document will be public L=12676 record.Please remove all P 745 OT9 10-02859 Social Security Numbers prior to recording. Deed f Mortgage InstnuTum Deed f Mortgage Tax Stamp Recwdingl Fging Stamps FEES Page/FutngFee _ Mortgage Amt. L BasicTax _ Handling 2.Additional Tax _ TP-584 _ SubTotal _ Notation I _ Spec.lAssit. EA-52 a7(County) SubTotal or Spec4Add. EA-S2q(State) TOT.MTG.TAX _ R.P.T.SA _ G�%-a Dual Town_Dual County_,-• Held for Appointment Comm.of Ed. t•-0 Affidavit Mansion Tax TransferTax Certified Copy _ The property covered by this mortgage Is NYS Surcharge xs.22 Sub Total fanI rni a ed by a one or two Intro o h �9 enh'• Oar — Grand Total YES crNO If NO,see appropriate tax clause ',`A'rp paqet$—of this instrument i 4 Dlse. 1001 452 i000 11500 iioo ooeaoo 5 community Preservation Fund PTS Consideration Amount$ s Real Prop( A Tax Servic Agency P•t CPF Tax Due $ &'0m- Vedf#catio. -- 6 SaWaetiongDisdiargeslReleases List ftpertyOvrriet M311tng Addis Improved RECORD&RETURNTO: Vacant land___, TD MacLachlan&Eagan,LLP 241 Pantigo Road rD East Hampton,NY.11937 in. X14-tz 6S' Mall to:ludkhA.Pascale,Suf &County Clerk 71 Title Company Information iso Center Drive, Riverhead,NYuyos Co,Name Fjt46Lj2yAT AL TLr�- www.saffolkcountynyslov1de* Trdetl N 8 Suffolk County Recording & Endorsement Page This page fomispartoftheattached DEED made by: (SPECIFY TYPE OF INSTRUMENT) ELLEN MARKEL The premises herein Is situated in JANE MIZRACH SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOLD CARRIE TINTLE In the VILLAGE OrHAMLETof MATTITUCK BOXES 6 THRU 8 MUST RETYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (ever) , .� ., . �Z 6 �� fib •�Z'� . BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS (INDIVIDUAL OR CORPORATION) STANDARD N"TU FORM 8007 CAMONsTHIS AGREMENT SHOULD DE PREPARED BY AN ATTOMEY AND,REVIEwED DY ATCORNEVS FOR SELLER AND PURCHASER 013ORAv�I - THIS INDENTURE,made the 164 day ofMy,two thousand and ten,betwaD ELLEN MARKEL,residing at 38 Oakhill Drive,Lititz,Pa.17543 and JANE MIZRACH,residing at 22 Norma Lane,Dix Hills,N.Y. 11745,as tenants in common, patty of the first pan,and CARRIE TINTLE,residing at 83 Three Mile Harbor,H.C.Road,East Hampton,N.Y. 11937,party of the second part, 077NESSETH,that the party of the first part,in consideration of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION,paid by the party of the second pan,does hereby grant and release unto the pasty of the second pan,the heirs or successors and assigns of the partyof the second part forever, ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being in the SEEM SCHEDULE A DESCRIPTION ATTACHED HERETO BEING the premises known as 1235 Lupton Point Road,Mattituck,N.Y. BEING AND INTENDED to be the same premises described in deed made by Ellen Markel and Jane Mizrach,as sole surviving trustees of The Rnbcn L.Bteimiller Irrevocable Trust,dated October 19,1992, recorded August 24,2007 in Liber 12519 page 453. DISTRICT 1000 SECTION 115.00 BLOCK 11.00 LOT 008.000 TOGETHER with all right,title and interest,if any,of the parry of the first pan in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAYEAND TO HOLD the premises herein granted unto the party of the second pan,the heirs or successors and assigns of the party of the second pan forever. AND the party of the first pan,covenants that the party of the first pan has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party ofthe first pan,in compliance with Section 13 of the Lien Law,covenants that the party of the first pan will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of tho improvement before using any part of the total of the same for any other purpose. The word"pasty"shall be construed as if it read"parties"whenever the sense of this Indenture so requires. IN WITNESS WHEREOF,the parts'of the first pan has duly executed this deed the day and year first above written. IN PRESENCE OF' ELLEN MARKEL • — � JANE MIZRACH rrySBAMUMCE FOM1S W RPA61.It Fidelity National Title Insurance Company_ TITLE NO. 10-7404-78145-SUFE SCHEDULE A-1(Description) AMENDED 07126/10 ALL that certain plot, piece or parcel of land, situate, lying and being Luptores Point in Mattituck,Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a concrete monument set in the northerly side of the Private Road which said concrete monument marks the southwest comer of the premises about to be described and the southeast corner of land now or formerly of Bavaria and which said monument is also 1226.34 feet more or less westerly as measured along the northerly side of a Private Road from Marratooka Avenue; THENCE North 01 degree 45 minutes 00 seconds West, along land now or formerly of Bavaria, 111.76 feet to the approximate high water mark of Deep Hole Creek; THENCE easterly along the approximate high water Houk of Deep Hole Creek the following tie line courses and distances: l)North 88 degrees 36 minutes 58 seconds East, 19.76 feet; 2)North 67 degrees 31 minutes 43 seconds East,28.47 feet; 3)North 71 degrees 35 minutes 17 seconds East,49.30 feet; 4)North 49 degrees 47 minutes 12 seconds East, 10.77 feet to land now or formerly of Gill; THENCE South 01 degree 45 minutes 00 seconds West,along land now or formerly of Gill, 148.67 feet to the northerly side of a private road; THENCE North 88 degrees 15 minutes 00 seconds West,along the northerly side of Private Road, 100.00 feet to the point or place of BEGINNING. THE POLICY TO BE ISSUED ander this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONL Y:Together with all rhe right,title and interest of the party of the jirat part,of In and to the land lying in the street In front of and adjoining Bald premises. SCHEDULE A-1(Descr/pdon) Rev.(03104) STATE OF NEW YORK) COUNTY OF SUFFOLK) ?6& On the day of in the year 2010,before in%the undersigned,personally appeared, JANE MIZRACH personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hWher/their capacity(les)and that by hislher/their signatures)on the instrument, the individual(s), or the person on behalf of which the individual(s)acted,executed the instrument. NOTARY PUBLIC L�teoot GUEZ g0WVNpe.4lfl68�psewYalr CU3HMd1n8U t 1%C4v* STATE OF PENNSYLVANIA) CommIsslanEyp,roaNtayx7,2ou COUNTY OF6,W44'rAl— ) On the,10day of June in the year 2010,before me,the undersigned personally appeared ELLEN MARKEL personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity,that by their signatures on the instrument,the individuals,or the person upon behalf of which the individuals acted,executed the instrument,and that such individual made such appearance before the undersigned in LrNCtaSTG-R eovnt'/ Pennsylvania. (Signature andtiffice of individual taking acknowledgment.) 6omama�atl�d 8amayrpaq NOTARIAL SEAL HENRttM SELL,NolPubb um Berg urm"tttC011pty cm 10t10a& t du 10,�f0 RECORD)AND RETURN TO: MR.DAVID M.KIRST,ESQ. MACLACHLAN&EAGAN LLP 241 PANITIGO ROAD EAST HAMPTON,N.Y.11937 NYSRA PRAC77CE FORarS7Nt RED67.16 BOARD MEMBERSST Southold Town Hall o Leslie Kanes Weisman,Chairperson ' ' 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 James Dinizio Officeeo ation: Gerard P Goehringer' Town Annex'/Hirst Floor,Capital One Bank George Homing = ., 54375 Main Road(at-Youngs Avenue) Ken Schneider Southold,NY 1197.1. • .���t• _ t hftp://southoldtowil.northfork.net ZONING BOARD OF APPEALS' d, . TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 FINDINGS,, I,TBA1�I )1! =AND DIw ' �l�TATION N> l Tl<1V OF Z+CI!' MBER 16,2i 1Q, soot ' y g dal ' ZBA FILE: 6428 NAME.OF APPLICANT: Carrie Tintle SCTM# 1000-115-11-08 PROPERTY LOCATION: 1235 Lupton Point Rd.(adj.to Deep Hole Creek),Muttituck,NY SRA DV,'TEkNft'W!1_0_,1,: The Zoning Board of Appeals has visited the property under consideration in this application and determines-that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. ; t ,FF0LX`C�-_ 9'T.RAT1,' 1~ C�pT This application was referred as xequired under the Suffolk ` County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its Y re dated September 3'0;2010, stating that this application is'considered a,matter for local determination as'there , - appears t4„be no significant county-wide or'inter-community impact. LWRP; 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 his reply dated October 13, 2010. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well,as the records available to us, it is our i recommendation that the proposed action is EXEMPT from Coastal.Consistency Review. pRi-}IEATy tx TE ; PT,M' Subject property is improved with a.two story single family dwelling, an accessory garage and a shed. The lot is 12,614 sq. ft., with 100 feet along Lupton Point Rd., 11 1.76feet'on the west property line, 108.30 feet on Deep Hole Creek and 148.67 feet on the east property line as shown on the survey dated September 23,201`0 prepared by Fox Land Surveying. BASIS OF APPLIC&IMM] : Request for Variance from Article XXII, Code Section 280-116, based on an application for building•permit and the Building Inspector's September 23,20,10 Notice of Disapproval,concerning second story addition to a single family dwelling at less than the code required setback to a bulkhead of 75 feet. RB�;IBiYJEST>~D; The applicant proposes to construct a 160+/-square foot second story addition,within the footprint on the,front of the existing dwelling, at a proposed setback of 56.9 feet from a bulkhead where the code requires-a setback of 75 feet from a bulkhead. ADDITIONAL INFORMATION: While the Notice of Disapproval cites a non-conforming bulkhead setback for a proposed landward addition, the Board notes that the code is not clear on exemptions from the need for variance relief for proposed additions landward of existing dwellings with non-conforming bulkhead setbacks, when said proposed additions do not create other non-conformities. 4 Page 2—November 16,2010 ZBAFile#6428=Tintle - '- CPM: 1000-115-11-8 FINDINGS OF FACT/_REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 21,2010,at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following ; findings: s S 1. TUPWA Law $2Granting of the requested variances will not produce an undesirable change in i the character of the neighborhood or a detriment to nearby properties. The proposed second story addition,to this { existing two story dwelling,,is only 160+/-square feet and will be used as an additional bathroom. It will be above an existing portion on the front of the dwelling and is in keeping with the character of this neighborhood, i 2. w�t67;-bf )f )( }; The benefit sought by the applicant cannot be achieved by some method,feasible t for,the applicant to pursue, other than an area variance.The dwelling exists in its present location,which is within i the 75 foot setback of a bulkhead,consequently any proposed addition to the dwelling will require a variance, 3 3, Town It AW.L267 l V(Vb)Q) The variance granted herein is not substantial,The proposed second story, addition y is very small, is landward of the existing dwelling,and is within the existing footprint of the conforming front and side yard setbacks of the dwelling. 4, r wa- irw tiZ07:h (B11.41. 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, No land } disturbance wifl take place near the seaward side of the dwelling and the proposed small second story addition will be similar to other two story homes in the neighborhood. ,'fawn 1Law S�6'7 a�3;1'b)(�l. The difficulty has been self-created insofar the applidoni's entire house is within the 75 foot bulkhead setback, 6, i �n xa�y'.&2G�=i�. Grant of the requested relief is the minimum action necessary and adequate to enable the --- — . applicant to en-j.oy the benefit of a second story addition while preserving and protecting the character o the ; neighborhood and the health,safety and welfare of the community, REBYJL TION OF'TfIE BOAItU: In considering all of the above factors and applying the balancing test under y Member Schneider, seconded by Member Weisman New York Town Law 267-B, motion was offered b (Chairperson),and duly carried,to GRANT, the variance as applied for, and shown on the Survey prepared by David H. Fox, L.S., P.C,, revision dated Sept.23, 2010 showing proposed addition, and architectural drawings prepared by Weiss Architect, (not ; stamped) two sliects,one entitled"Elevations"and one entitled"First and Second Floor Plan",both dated 9/11/10. 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 given such as extensions, or demolitions which are not shown r t the applicant's diagrams or survey site'maps,are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses,setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree ofnonconformity, i Via-r�._- Ayes: m- eers Wen(Chairperson Goeh><inger�tnizio shneide Vote o t e --- — (Member Horning by phone no voting right) This Resolution was duly adopted(4-0), Page 3—November 16,2010 ZBA File#6428-Tintle CTM:1000-115-11-8 ' G i 1241U Approved for filing I'! z` i i- i S Z o FORM No. 9 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town ?:all Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY tea= �- .34�f9S Date: 07/30/10 THIS CERTIFIES that the building D ELLIRG A24D Lacatiosx of Prc4m ty 1235 LUPTON PT RD MATTITUC.K (HOUSE IVO.) (STREET) (HAMLET) County Talc Map No. 473889 Section 115 'Block 0011 Lot 00a Subdivision Filed Mala No. Lot Mo. confoms substantially to the Requirements for a ONE FAMILY DiKELLING built prior to AP-v tL• Fi, 1.957 pursuant to which CERTIFICATE OF UC'CUPANCY NUFAMR Z-- 34485 dated OFULY 30 201.0 was issued, and conforms to'all of the requirements of the applicable provisions of the law. The ocaupmicy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY ONE CAR GARAGE.* The certificate is issued to DANE MIZRACH &. ELLEN MARKEL t ................. (OWNER of the aforesaid buildi.ncr. SUYFOLK COUNTY DEPARTMUU OF HEALTH APPROVAL NI ELECTRICAL CMRTIFICAW No3 � N/A PL,UMERS CERTIFICATION DATEDM f A *PLEME SEE ATTACHED INSPEC'TTO,F REPORT. 1� ?xori O� Signature f E P.ev. 1/81 ^ ' �o�oxo uzvxarwuu� �� on SOUTHOLD MOUSING CODE TITSPFCT-LON' �EPOF.T zucxrsam, /23+ PT 3M. tIVITTIM X moaon�zozom, MAP NO-, zmz (m) MMnenmmua un. OCCUPANCY: anmzMM MY` ___ �zzoas�z�, m�' .....................................___ nmounazLABu, mz"' CO. TAX nmP='^ SOURCE oFnHOUoT` onrE, 07130110 - ------------------------------- ----__-__.'--'_'---'__-_-_-__'_-__-'_-_._—_ . zMnecOm7omMzN, WOOgJgAXlorosM, _2.0wMMS: m"DI"mzu9, CELLAR. �`� cn:W. ormCE, 1.5___ TOTAL ROOKS: IST FM-. _4 zmnIMR'. _�^ smosLR-. G ' omzoumoM Cm/, 2.0. TOILET ROM Io), _Jri UM= ROOM �u/, ____ PORCH TM- DECK TYPE- smuIo xzzE, zzuovuACE, I GARAGE, oMEMC.-ovxUxom,, �p�._ rcrxomn��. ��_���R_ Amcv����nffc�n, zrzE 11nmr. *nmwAIR, _......... ....... __ _._______ ..........................._. _ -------- _......................— .................------------ ACCESSORY STrUCTTJR---S- nARmom, zzzE OF commT', onnum=^ ITP, momaT'` mvoMUmG pnut, mosoT^ TME cnenT', oTf=. —'—~-------_'-^--_. ........................................--^.....................................'............................... _--------.----- "TOY ��� MEM113R ^s X.Y. STATf MITnOPM nlFa k-REVENTzC-N & �_-----_— —'__--_'--_. x � � � | � i � | � \ | � ! | | � uEMuMS` p FORAT Na 4 TOWNOF SOUT��oO�.F gpJ BUILDING DEPARTMENT TOWN CLZRWS OFFICE SOUTHOLD, N. Y. CERTIFICATE&E Off' OCCT,IpAnC S iFO. .. ... ..., $... Date ,.. .,... „... . . . ... I.9... fi TEiIS CFP.T=S that the building located at in,x...pri° atv. RQ4'ds. .wvtAA &Mt Map ,'s�. ...... . .. .... � Block No. .... EE Har k .do-D multi$ *,**• conforms substantially to the Application for Building Permit heretofore filed in this ohke dated ................. tb. ... .......... 19... . pursuant to'which Building Permit No. ...... .�36 dated ................00C P OX- ... ........ 19AT., was issued, and conforms to all of the require- menLq of the applicable provisions of the lay. The occupancy for 'which this certificate is issued is ......................... XVN=...01 . .�� '?:,���..���"� .. ..,.... ...... .... ....................... This certificate is issued to . � ����,���`�aa�����F mme .... ..... ., ........... . (ow-ner, Iessee or tenant) of the aforesaid building. .>. ,....:Bnilding�Inspector.... ...:. ......... FORM NO. 4 TOWN OF SOUTHOID BUILDING DEPARTMENT Fawn Clerks Office southelc3 N. Y. Certificate Of Occupancy No. 43W9 . Date . . . . . .. .. .. . . . .. . ,21. 19. 70 THIS CERTIFIES that the building located at Ston. ,pt.ROad. . . . .. . . ... . Street Map No.Lupt�on•lit• . Bloch leo, . .XX. . . . . .Lot No. . . .. .= . ..Nattituok. .. N,,Y®. . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . ... .. . . .. .1jaq. . . .16 , 19. .69 pursuant to which building Permit No. . 4295. Z dated . .. . . . . . . . PA . . . .16. . ., 19.69'., was issued, and conforms to all of the require. rnents of the applicable provisions of the lair.The occupancy for Which this certificate is issued is XrivAte. =e.ftmily dVe1l g. . . . . . .. . ... .. .... . .. . ... . . .... .. .. The certificate is issued to . Bobe :t.Bleiminer. . . .. . . .mer. . . . . .. . . . . . . . . . . . . (owner, lessee or text) of the aforesaid bidl+�ix�,g. Suffolk County Department of health Approval l��Fl�. ..... . . .. . . . • .< . . . . . . .. . i Building Inspector � House # 1235 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N Y. Certificate Of Occupancy v NO Z,* 53. . . . . . Bate . . . . . . . . . . . . . .. .a9pt. . . .18. THIS CERTIFIES that the building located at . .LAptori. Yt.-R.3d . . . . . . . . . Street Map No.Ltapt;. .Pti.. . . Bloch No. . . . . . .Lot IV'o. .xr- . .1da t.tni tu.es. . . . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . , 00t; A-1- . . . . ., 19.7-2. pursuant to which Building Permit leo. .6172Z dated . . . . . . . . . . . . . .Oct . .I1,, 3.9.72., was issued, and conforms to all of the require- ments of the applicable provisions of the law, The occupancy for which this certificate is ]851Ied is l)r.JVF. eone family. dwe31-i-ng . .. , _. .. .. . . . . . ,. .. . . .. . . . . . . The certificate is issued to . . .liob.ert.Bleimiller. . .. . . .QVMr. . . . . . . . . . . (owner, lessee or tenant)the aforesaid building. SuffolCounty Department of Health Approval �<®�m. . . . .. . . . . . . . . , UNDERWRITERS CERTIFICATE No. .Pend:Lng. . :. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. .. HOUSI- NUMBI:R. .1235. . . . . .Strett. . . .Lupton.Pt Road. . . . . . . . . . . . . . . Bolldbig hispcelo-, 1 • , , bFoa BURDING DEPARTMENT Towt Cle'k°s Office Sauffiold, N. Y. Certificate Of Occupancy THIS C IES that the building located at 0A _P?. AP44. . . . .. . . ... Street Map Ido. .XX .. . . . . . . Block No. . . . . . .. .Lot No. . . . . . . conforms substantially to the Application for BWldlng Permit heretofore filed in this office dated . . . . . . . . . .Wit. < .23. . ., 19.73. pursuant to whir.Building Permit No. .695 . dated. . . . . . .. . . Oct. . 26. . . . ., 194 ., was issued, and conforms to all of the require- ments of the applicable provisions of the law.The occupancy for which t1is certificate is sued is . �� . . � ,�, 9 X . . , . , , , . > i . , . ..., .. . .., '3.'be certificate is issued.to ONVA. U4;A4T.. . . . . . fir.. . . . .. . .. . . . . . .. .. . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval X&B v. . . . . . . .. . . . . . . . . . . . > > , ,.... ..,, UNDERWRITERS CERTIFICATE No. N-R®. . . . . I. . . . . . . . . . . . . . .. i. i.. i . . HOUSE NUMBER R . . . .1 M . . . . Street . . .AU00A,pt.AQ4 .. ..,.. . ....<....... .. .. .... .......... . . . .. . . . . ..... .. .. .. ... ............ . . ... ....... ...,..... r 7 TOWN OF SOUTHOLD kPPERTY RECOIR6 CARS 74 _ � ° 1 OWNER STREET VILLAGE DISTRICT -&W8.— LOT AD FORMER�OWNER5.ivlaykes vspq ACREAGE KeZx . -1 Y ecrn4 g ` tt t TYPE OF BUILDING ! Z I RES. fv SEAS. VL, FARM COMM. y1 I-ND. I CB. 7Z,S C. o LAND IMP. TOTAL DATE REMARKS �/��Alf Lla J , /i 3 /?'D l ler +�,�` �-t� f3le.4-Mi( e 7 4 0 f_->.as A.3/kc - G ,o / o /o �, 1 'plc (F a p4/ 7,09 (o J' - DY +t5 S r 0 c�b 4�` 11 G C I l 3 . g �� • ON EVy ORMA 0 B E ABTV Parm Acre Vafue Per Acre Value r, Lo Ln Tillable 1 ro - LO Tillable 2 Lo ci Tillable 3 LO Woodland 6r Z Swampland / p j, ------- - Brashlo d N House Plot m f - .I Al- MEN■NOSON■MEMO■MEN ■■ ,, .r, i ■■O■■M■■EM■■E■■■■■MENEM ■■ ` - ■MEEEEO��lO■MO■MEMS■ r ■E■EM=r1b a IM■E■■■Immommom� W EmEa MENEMto EEOMERfit MiUEFM�iiOMOMME . . . , '�. , . . , . ... E■Mi■Ol�i�fl!!�■M■■■MME■ E■O■IE■■E■ME■Oil■M■EOIt N NONE EEE■ONION■■OEO■■ r• Foundation • • •r ■ - c ■ i A D E EK m P � 953°� ---""-" E QE ,� t\PPR XHWM""- \\ orw P -" AA WOOD •��I K \\ j E W WALL 01 N88.36'58"E W 19.76' cfl 1\ \ WOOD \\ 06 I \ ai0 0 \ CHICKEN WALL 0• \ COOP 06'W 1 \ CONC WALL \ EDGE OF LAWN 5.2'1 \ \ FRAME >� A 'UW \ NE WALL SHED WALL \ -------35.8'- N 0 VE _ (� Co 11 ----23.3'--T-- C \\ STONE PATIO 0 _ I \ 1ST FLOOR 6 N " -------- I 1 WOOD DECK i a >� O 1 I O w C) O a FEN I W ? ' L > E O C) 0 V I 2ND STY I ----26.4'---- O > O O m I WOOD DECK M Q1 " GENERATOR FEN m o� 2 STORY FRAME HOUSE m 08'E o O +, z CONCRETE L' n WALL irp O _� f1 01 (3) —27,2'-- -- __ 12 o' OR ❑ p O O -c 18 4' UNITS c L. U CD 0 'a 15 7' O 0 3.0' PROPANE O TANK - - - � DRAIN --- i -- - -- ----- -�- -- --- - ------- - FRAME ��Q 1 ' ?� GARAGE H �e i O OO b DRAIN in • F, w 0) O 18E 1 w n I w m p I 0 3 n O O _06 STONE DRIVEWAY x FEN 1226,3 ± TO L) I n oz'w WIRE FENC MARRATOOKA AVENUE o 1 m 1 N88.15'00"W 0 WM O , FEN I 9'N GRATE EDGE OF PAVEMENT PRIVATE ROAD JUL. APR 1 UPDATE SURVEY APR. 4,, 2017017 ADDED OFFSETS (LUPTON POINT ROAD) OCT. 27, 2011 FINAL SURVEY OCT. 26, 2010 UPDATE SURVEY SEPT. 23, 2010 IND PROP ADDITION JULY 21, 2010 ADDED CERTIFICATIONS DATE: JUNE 30, 2010 JOB NO: 2010-228 CERTIFIED TO: CARRIE TINTLE Survey for: FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK CARIE TINTLE HUDS�O�1i�A P,5-BANK At �� oPs H Mattituck CO Town of Southold Suffolk County, New York J 5023 ` J�q, S.C.T.M.: 1000-115.00-011.00-008,000 DAVID H. F Y.S.L.S. #50234 20 0 20 FOX LAND SURVEYING I I I 64 SUNSET AVENUE SCALE:1"=20' WESTHAMPTON BEACH, N.Y. 11978 (631) 288-0022 UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY NOTES: EDUCATION TI OF OCOPES OFECTION7EW THIS SURVEY YORKOF THE209 NMAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL `SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY 1. AREA = 12,614 S.F. CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE 2. ■ = MONUMENT FOUND, ® = STAKE FOUND. PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY 3. REFERENCE DEED L.12519 CP. 453 AND LENDING INSTITUTION LISTED HEREON AND TO THE ASSIGNEES OF THE LENDING INSTITUTION CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS DWG: 2010-228 132 'A fill 25 J. 311 26 PC� 131 on 17 Vk. _"p i a ,__cs 15 2S A 7A 44 va. 20 165 tZ 16 16A 4- 33i VVS 3 emo) IT —--------------- 336 6A 144 '3 1 1i AA 2s M..... 19 20 26 3A(c) Q7 2,5 t V" --------- ------ 24 t#..- i 4 1 FAA V�w 265 Z4!;'.1 2 W 2 M 3 26 >uj�,%bg t �V 'm Z 51 2 Se 20 3 OA(c) 6r B 2 14 7 11R 'o -4,4 % 16. o -gk M" -27 $ toA 10 pi 7S Za In-01-0021 -mw s 14 RV t3 o" 13 4s P,11 4% % Z:c 123,0;.00711 26 pct�NP 14a sZ 2 Mfti SCE$Ec NO, ti V W43 00 'o 7 fJATQt UNC is NOTICE COUNTY OF SUFFOLK w.w"4,r,-N'fPVKPL W, y -Tax Service Agency Real Propext) MCA E MMI rA, -Of f W',111 ;'A' Ar 11+vi CtAiwil"M 11mt 1sPF*v--n s hr ac),�� ;F1A (21, AORI.-