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HomeMy WebLinkAbout1000-73.-2-3.1 OFFICE LOCATION: S® MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) co Southold,NY 11971 ® �� Telephone: 631 765-1938 2�eOUf�T`�,� 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 July 6, 2022 Re: LWRP Coastal Consistency Review for ZBA File Ref PATRICK AND DIANE SEVERSON#7648 SCTM#1000-73-2-3.1. PATRICK AND DIANE SEVERSON#7648 —Request for Variances from Article III, Section 280-15; Article XXII, Section 280-116A; and the Building Inspector's January 13, 2022 Notice of Disapproval based on an application for a permit to construct a new accessory Pool House; at; 1) located less than the code required 100 feet from the top of the bluff, 2) located less than the code required minimum front yard setback of 50 feet; located at: 9202 Bridge Lane, (Adj. to Long Island Sound) Cutchogue,NY. SCTM No. 1000-73-2-3.1. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, the proposal is recommended as CONSISTENT with the LWRP. This recommendation is based upon: 1. The placement of the pool house is not discordant with the surrounding community character. 2. The 86.1' from the pool house to the top of the bluff could be improved, however, the bluff appears to be vegetated and stable. 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: John Burke, Acting Town Attorney BOARD MEMBERS OF SO Southold Town Hall Leslie Kanes Weisman,Chairperson �� ry0 53095 Main Road•P.O.Box 1179 �� l0 Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento IiYCOUf Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD I— --- Tel.(631)765-1809•Fax(631) 765-9064 , FEB 2 32022 Southold-Town February 23, 2022 Planning Board Mark Terry, Assistant Town Planning Director LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. # 7648 SEVERSON, Patrick Dear Mark: We have received an application to construct an accessory pool house adjacent to a waterway. 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 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairpe n BC "�(/ Y• Encls Survey/Site Plan Ural Talgat Architect Date : 12/15/2021 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: January 13, 2022 TO: Ural Talgat(Severson) 436 71' Street Greenport,NY 11944 Please take notice that your application dated December 16, 2021: For permit to:Construct a new Accessory Pool House at: Location of property: 9202 Bridge Lane, Cutcho ug_ e,NY County Tax Map No. 1000—Section 73 Block 2 Lot 3.1 Is returned herewith and disapproved on the following grounds: The proposed pool house construction, on this nonconforming 59, 977.49 sq. ft. parcel in the Residential R-80 District, is not permitted pursuant to Article XXII Section 280- 116AG),-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 site plan shows the proposed accessory building.to be located at 86'-1"from top of bluff. Furthermore,the accessory construction is not permitted pursuant to Article III Section 280-15, which states: "Accessory buildings and structures or other accessory uses shall be located in the required rear yard. In the case of a waterfront parcel accessory buildings and structures may be located in the front yard,provided that such buildings and structures meet the front yard principal setback requirements (50 feet) as set forth by this Code and the side yard setback requirements for accessory buildings". The site plan shows the accessory structure to be located at 15'-1"from the secondary front yard bound line. Authorized Signature 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.S.A. Ural Talgat RA, RLA Architect and Landscape Architect 436 7th Street Greenport NY, 11944 January 31, 2022 Zoning Board of Appeals Town of Southold Town Hall Annex Building 54375 Main Road Southold, NY 11971 Re: Severson Residence 9202 Bridge Lane Cutchogue, NY 11935 SCTM# 1000-73-2.3.1 Dear Board Members, As per the Notice of Disapproval from the Town of Southold Building Department, dated January 13, 2022, we are submitting nine (9) sets of the following documents for an Area Variance: 1. Notice of Disapproval from the Town of Southold Building Department 2. Check for$1,000 3. Application To ZBA 4.. Project Description 5. Questionnaire Form 6. Certificate of Occupancies and All Prior ZBA Decisions 7. Ag Data Form 8. Short Form Environmental (EAF) 9. Owner's Authorization/Consent 10. Transactional Disclosure Forms - Owners and Agent 11. LWRP 12. Photos 13. Town Property Card 14. Site Plans, Floor Plans, Building Elevations If we can provide any additional information or answer any questions, please do not hesitate to call. Sincerely, Ural Talgat, RA Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 9202 Street Bridge Lane Hamlet Cutchogue SCTM 1000 Section 73 Block 02 Lot(s)_ 3_1 Lot Size 1.377 ac Zone R-80 I(WE)APPEAL THE WRITTEN DETERNIINATION OF THE BUILDING INSPECTOR DATED BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): Patrick and Diane Severson Mailing Address: 4306 Churchill Downs Drive,-Austin, TX 78746 Telephone: 914 656-0852 Fag: none mail: diseversonCaD-yahoo.com 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: Ural-Talgat for QC) Owner( )Other: Address: 436 71 Street, Greenport, NY 11944. Telephone: 631-477-8963 Fax: Email: Ural59@hotmaii.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), QO Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 12/15/21 and DENIED AN APPLICATION DATED 1/13/22 FOR: (110 Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. Indicate Article,Section,Subsection of zoning Ordinance by numbers.Do not quote the code.) Article:XXII and IH Section:280 and 280 Subsection: 116A(1)and 15 Type of Appeal. An Appeal is made for: Please see W07 WE up DINAPPRO FAL ()o 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(X)has, )has not been made at any time with respect to this property, UNDER Appeal No(s).-2609 in 1980,6275 in 2009, 7062 -2017, 7558-2021 pi*M ure to research before completing this question or call our office for assistance) Name of Owner:Robin A.Raeburn and Mary Elizabeth Murphy ZBA File#2609 1/22/1980 Name of Owner:Patrick&-Diane Severson ZBA File#6275 6/16/2009 Name of Owner:'Patrick&Diane Severson ZBA File#7062 8/03/2017 Name of Owner:Patrick&Diane Severson ZBA File#7558 12/2/2021 REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: SEE ATTACHED 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: SEE ATTACHED 3.The amount of relief requested is not substantial because: SEE ATTACHED 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: SEE ATTACHED 5.Has the alleged difficulty been self created? { } Yes,or N No Why: SEE ATTACHED Are there any Covenants or Restrictions concerning this land? {j 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. Signature of Applicant or AugKriied Agent (Agent must submit written Authortation from Owner) Sworn to before me this / day of 1— 20_Z_Z_. LAUREN M.MCKISSICK Notary Public,State of New Yo* No.01 MC6342308 blit Qualified In Suffolk County Commission Expires May 23,2024 Severson Residence Janurary 2022 REASONS FOR APPEAL 1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because the proposed new accessory structure will be in keeping with the scale and design of the houses and accessory structures in the neighborhood. The proposed design of the new accessory structure will be in keeping with the architectural styles in the neighborhood and the North Fork. The existing house is within the same general location relative to the bluff line and the front property line as the other homes in the neighborhood. The proposed new accessory structure is setback twice as far from the bluff line as the existing house. An undesirable change to the neighborhood would be produced if a new accessory structure was built to equal the setback from the house to the bluff line. 2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because the entire existing house is located within the 100' setback, half of the existing pool is in within the 100' setback. The property is deemed as a corner lot, there are two front yards on the property based on two "Right Of Way's". One ROW is 20' wide and is on the Southeast of the property, the other ROW is 25' wide and is on the Southwest of the property. The only remaining area where a variance would not be required is a 20' to 23' wide strip by 80' long, located between the 100' setback and the front yard setback. This area is 9' to 30' in front of the existing house. 3) The amount of relief is not substantial because the distance from the proposed accessory structure to the bluff line (86-11") is greater than that of the house on the property to the bluff line (42') or any other surrounding houses or structures relative to the bluff line. The proposed accessory structure is located 52'-1" to the front Southeast property line (see attached, Severson Residence, distances to front property lines and bluff line December 15, 2021). The proposed accessory structure is located adjacent to a 25' ROW which is unused as a road or driveway, it's purposed seems to be an access path to the bluff and beach. This ROW is undeveloped, overgrown with scrub vegetation and is unused. 4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the proposed accessory structure is not any closer to the bluff than the existing house or neighboring houses and structures. The bluff is protected by a continuous bulkhead, and is planted and stabilized with soil retaining species. 5) The alleged difficulty has NOT been self-created, as the location of the existing house, was built prior to the 100' setback requirement from the bluff and as a result the positioning of the new proposed accessory structure was not self-created. There are NO Covenants nor Restrictions concerning this land. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Severson Residence, distances to front property lines and bluff line January 2022 Existina dimensions of neighboring structures to front property lines West of project property 200 Castle Hill Road 28 feet 340 Castle Hill Road 52 feet 450 Castle Hill Road 54 feet 9202 Bridge Lane (project property) proposed 52 feet 1 inches existing 60 feet 1 inches East of project property 9,204 Bridge Lane 77 feet 9208 Bridge Lane 47 feet Existing dimensions of neighboring structures to bluff line West of project property 200 Castle Hill Road 50 feet 340 Castle Hill Road 70.5 feet 450 Castle Hill Road 74.4 feet 9202 Bridge Lane (project property) proposed 86 feet 1 inches existing deck 35 feet 5 inches existing house 42 feet East of project property 9204 Bridge Lane 35.1 feet 9208 Bridge Lane 29.5 feet APPLICANT'S PROJECT DESCRIPTION APPLICANT: Patrick and Diane Severson DATE PREPARED: January 31,2022 1.For Demolition of Existing Building Areas Please describe areas being removed: Existingshed(116 SF)to be removed. H.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: (see floor plans) Sheet Al Dimensions of new second floor: .none Dimensions of floor above second level: none Height(from finished ground to top of ridge): 17'—4" Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: No 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: One story accessory structure. Number of Floors and Changes WITH Alterations: One story accessory structure. IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 5.289 sf Proposed increase of building coverage: +666 sf (TOTAL NEW SQ.FOOTAGE WITH INCREASE: 5,955sf) Square footage of your lot: 59,977 sf Percentage of coverage of your lot by building area: Existing: 8.82% Proposed: 9.92% V.Purpose of New Construction: New accessory building for Pool House. VI.Please describe the land contours(fiat,slope %,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): The site consists of a bluff sloping down towards Long Island Sound, a flate area where the exisiting house is located, and from there it slopes towards the`south property line. The difficulty in meeting the code is due to the top of bluff and its=relationship to the existing Ouse and existing Dool. 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 Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I, Diane Severson residing at 4306 Churchill Downs Drive (Print property owner's name) (Mailing Address) Austin, TX 78746 do hereby authorize Ural Talgat, Architect (Agent) 436 7�Street, Greenport. NY 11944_to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. O er'sSignature) Diane Severson (Print Owner's Name) Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I, Patrick Severson residing at 4306 Churchill Downs Drive (Print property owner's name) (Mailing Address) Austin, TX 78746 do hereby authorize Ural Talgat,Architect (Agent) 436 71ft Street..Greenport, NY 11944_to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) Patrick Severson (Print Owner's Name) Y QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes _X_No B. Are there any proposals'to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? Ves 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 trustees for its determination of jurisdiction? yes Please confirm status of your inquiry or application with the Trustees:-_ ZBA variance and if issued,please attach copies of permit with conditions and approved survey.Will Not accept application for administrative permit until ZBA determination. D. is there a depression or sloping elevation near the area ot proposed construction at or below five feet above mean sea level? No E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises?No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Single Family Residence and the proposed use same with accessory building (ex.existing single family,proposed:same with garage,pool or other.) Authorized signature an ate FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No.a518. . . . . . . Date . . . . . . . . . . . . I AS. . . . . . . . 1973. . THIS CERTIFIES thAt the building located at . t.A044.0449P .14. . . Street Map No. X3M. . . . . . . Block No. :=. . . . . . .Lot No. AtY!. . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . . .eft. . . . .�i� ., 19M. pursuant to which Building Permit No. . OQ7=. dated . . . . . . . . A". ' . . . . . .. 1972'. ., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is 1.000". AV0, .ft4)Y.4VV1 g.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to S•. . . . . Opts!! . . . . . . . : . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval UNDERWRITERS CERTIFICATE No. .It. 042372 . . .14Y. .2 . .1973 . . . . . . . . . . . . . . . . . . . HOUSE NUMBER. . 1.1415 . . . .Street. . . MeAW.W.O. 0/0. C.09M 44.Q. ftuvk .4. . . . . . . Building Inspector l FORM M06 a TOWN OF SOUTHOLD BUILDING DEPARTMM Toon (3erk's Oboe Southold, N. Y. Certificate Of Occupancy No. 41bb31 . . . . . . Date . . . . . . . . . . . .Aug. . . .13. . . . . . ., 19.75. THIS CECT 'IES that the building located at .R,0,W.. Dt,/.$rI fte.La..q. PrISef Map No. . . . . . . . . Block No. . . . . .Lot No'x=. . .G4x0k1Q im-Vf . . Y r X q . . . . . . . . . conforms substanwilly to the Application for Building Permit heretofore filed in this office dated . . . . . . . .. . . . . .Aug. . 4., 19. !75 pursuant to which Building Permit No. . 9123Z. elated . . . . . . . . . . .Aug. . . . . ., 19.7.5., was issued, and conforms to all of the require- ments of the applicable provisions„of the law.The occupancy for which this certificate els issued Is . J"9179AR .RILq .r491,1Y. AWV1 .vj%h',4A Addi.iov►. . . .. . . .. . ... . . . . . . The certificate 3s issued to .ft .80WX.F-Mbura . . . . . . .. . . . . . .d'WWr . . . . . . . . . . . .. .. . ... . . . . (owner, lessee or tenant) of the nforesaiat building. Suffolk County Department of Health Approval . . 1KORA. . . . . . . ... . . .. . . . . . . . . . . . . .. . U]!]DERWarlIERS CERTIFICATE No. 11.1• . . . . . . . . . . . . . . . . . . . . .. . . I . . . . . . . . .... . . HOUSE NUMBER . . . � Q15. . . . . Street . . . Aragon. Road. . . . . .. . . . . .. . . . . .. . . .. .. . . . . . . .. ..... . . . . .. . . . . .. . . . . . . . . .. . . .. . .. . . .. .. . . .. . .. .. .. .. . . . . .. . . . . .. .... ... . . . . . . . . r- . . .. JBailding, Inspector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.X. CERTIFICATE OF OCCUPANCY No Z-24774 Date DECEMBER 5, 1996 THIS CERTIFIES that the building ACCESSORY Location of Property 9202 BRIDGE LANE EXTENSION CUTCHOGUE., N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 73 Block 2 Lot 3.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 27, 1992 pursuant to which Building Permit No. 23322-Z dated MARCH 20, 1996 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 ENCLOSURE AS APPLIED FOR. The certificate is issued to SHARON LI & ROLAND NEUMANN (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL NIA _ UNDERWRITERS CERTIFICATE NO. N-280755 - JUNE 23., 1993 PLUMBERS CERTIFICATION DATED N/A buXlding Inspector Rev. 1/81 Town of Southold Annex 4/11/2011 54375 Main Road Southold,Nese York 11971 Its CERTIFICATE OF OCCUPANCY No: 34895 Date: 4/1/2011 THIS CERTIFIES that the building RESIDENTIAL ALTERATION Location of Property: 9202 Bridge Ln, Cutchogue,NY 11935,2 SCTM#: 473889 See/Block/Lot: 73.-2-3.1 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this ofFiced dated 2/7/2011 pursuant to which Building Permit No. 36199 dated 2/25/2011 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: "as built"non-91gVing basement alteration as-applied for. The certificate is issued to Howell,William&Howell,Margaret (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 36199 4/11/11 PLUMBERS CERTIFICA'T'ION DATED 2/10/11 jQc Whitecavage A o :eei gnat re rS�Fr F��O'ti Town of Southold 5/1/2019 ��O G P.O.Box I179 . 53095 Main Rd Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 40351 Date: 5/1/2019 TMS CERTIFIES that the building ADDITION/ALTERATION Location of Property: 9202 Bridge Ln, Cutchogue SCTM 4: 473889 Sec/Block/Lot: 73.-2-3.1 _ Subdivision: filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 1/22/2018 pursuant to which Building Permit No. 42336 • dated 1/31/2018 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 ALTERATIOM INCLUDING DEMS 01=OOR SHOWER, SCREENED PORCH,FRONT COVERED ENTRY SECOND FLOOR COVERED PORCH-AND FINISHED BAS-tMENT WnH:BATHROOM TO AN EXISTING ONE FAMILY DWELLING, AS-APPLIED FOR The certificate is issued to K274E6 LLC of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL R10-17-0184 11-29-2018 ELECTRICAL CERTIFICATE NO. 42336 12-07-2018 PLUMBERS CERTIFICATION DATED 12-06-2018 )- d Piccu A tt rizc•, Sibnature f BOARD MEMBERS OF Sour Southold Town Hall Leslie Kanes Weisman,Chairperson �� yp 53095 Main Road•P.O.Box 1179 h0 l0 Southold,NY 11971-0959 Patricia Acamporai[ t Office Location: Eric Dantes w -c Town Annex/Fust Floor,Capital One Bank Gerard P.Goehringer 0 �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento l�'C�U ��v Southold,NY 1197.1 http://southoldtownny.goy ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED Tel.(631)165-1809�Fax(631)765-9064 oy 3.;aL FINDINGS,DELIBERATIONS AND DETERMINATION - 7 017 / MEETING OF AUGUST 3,2017 LXX So hold Town C(ertt ZBA FILE. .7062 NAME OF APPLICANT: Patrick and Diane Severson PROPERTY LOCATION:. 920213ridge Lane, Cutchogue,NY 11935 SCTM No, 1000-73-2-3.1 SEORA DETERMINATION: The Zoning Board of Appeals has visited the.property under consideration. in.ahis application and determines ihat,this review,falls under the Type II category of the State's List of Actions,without further steps under SERA. - 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 March 30, 2-01-7-stating that this application is considered a matter for Waal 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 June;23, 2017. Based upon the information provided on the 'LWRP Consistency Assessment Form submitted, as well as the records available, it.is the coordinator's recommendation that the proposed action is CONSISTENT with the L�VRP Policy Standards and therefore is CONSISTENT with the LWRP, provided that the Board consider the establishment of a non-turf, vegetated buffer landward of the top of bluff to further Policy 6. SUFFOLK COUNTY SOIL AND—WATER CONSERVATION DISTRICT: This application was referred for an evaluation and recommendation to the Suffolk County Soil and Water Conservation District. According to a letter from the agency, dated March 23, 2017, an inspection of the property was conducted on March 22, 2017. The agency technician observed the bluff in stable condition with the bluff face well established with.mixed vegetation, and the toe of the bluff intact and in good condition. However, without being able to get close enough to confirm, there may be some minor erosion to the west of the stairway. It was recommended that heavy machinery, equipment, or supplies be'stored or used a minimum of 25 foot setback from the bluff top edge, as concern is for heavy weight and vibrations from the machines that may cause sloughing of the bluff. Due to the nature of the construction plans and the footprint for the construction, it would be necessary that every alternative other-than using heavy machinery be explored on the north side of the construction. Since the increased footprint of the residence will increase stormwater runoff that is discharged to the ground surface it was recommended that gutters, downspouts and drywells be included in the new construction. Furthermore, irrigation located at the very top of the bluff-face-be should-be removed. In addition, the agency stated that they had no-apparent-resource-concerns for the -.. . existing shed. A BOARD MEMBERS0�$�Ur Southold Town Hall Leslie Kanes Weisman,Chairperson � , yp 53095 Main Road•P.O.Box 1179 ti0 �O Southold,NY 11971-0959 Patricia Acamporatt Office Location: Eric Dantes C =� Town Annex/First Floor,Capital One Bank Gerard P.GoehringerO �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento l�'cou Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED Tel.(631)765-1809 -Fax(6 1)765-9064 py 3;`� FINDINGS,DELIBMATIONS AND DETERMINATION A — 7 017 MEETING OF AUGUST 3,2017 i So hold Tovun'C{erk ZBA FILE 7062 NAME OF APPLICANT: Patrick and Diane Severson PROPERTY LOCATION: 9202 Bridge Lane, Cutchogue;NY 11935 SCTM No. 1000-73-2-3.1 . SEORA DETERMINATION: The Zoning Board of Appeals'has visited the proper '.under. consideration,in this application and deteimines that'this review'falls under the Type II category of.the"State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This'application was'referred as required under the Suffolk Courity-_Administratft Code_Sections,A 14=14 to 23, and the Suffolk County Department of'Planning issued its reply dated are 30, 2017 stating that this apphcatron 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 June 23, 2017. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is the coordinator's recommendation that the proposed action is CONSISTENT_with the LWRP Policy Standards and therefore is CONSISTENT with the LWRP, provided that the Board,consider the establishment of a non-turf, vegetated buffer landward of the top of bluff to further Policy 6. SUFFOLK COUNTY SOIL AND.WATER CONSERVATION DISTRICT: This application was referred for an evaluation and recommendation to the Suffolk County Soil and Water Conservation District. According to a letter from the agency, dated March 23, 2017, an inspection of the property was conducted on March 22, 2017. The agency technician observed the bluff in stable condition with the bluff face well established with mixed vegetation, and the toe of the bluff intact and in good condition. However, without being able to get close enough to confirm, there may be some minor erosion to the west of the stairway. It was recommended that heavy machinery, equipment, or supplies be stored or used a minimum of 25 foot setback from the bluff top edge, as concern is for heavy weight and vibrations from the machines that may cause sloughing of the bluff. Due to the nature of the construction plans and the footprint for the construction, it would be necessary that every alternative other than using heavy machinery be explored on.the north side of the construction. Since the increased footprint of the residence will increase stormwater runoff that is discharged to the ground surface it was recommended that gutters, downspouts and drywells be included in the new construction. Furthermore, irrigation located at the very top of the -bluff-face be-should-be removed. In addition,the agency stated-that they-had-no-apparent-resource concerns-for-the existing shed. Page 2,August 3,2017 #7062,Severson SUM No.1000-73-2-3.1 TOWN OF SOUTHOLD OFFICE OF THE ENGINEER: This application was referred to the Office of the Engineer for review and comments. It is recommended that due to the close proximity of the bluff line that the entire site, both new and existing impervious surfaces (including but not limited to .roofs patios, driveways and other substatial impervious areas)comply with Chapter 236 for Stormwater Management. PROPERTY FACTSMESCRIPTION: The subject property- is a non-conforming 59,977.49 square foot parcel located in the R-80 Zoning District. The subject parcel"measures. 199.50.feet along the northerly property line fronting Long Island Sound at the high water mark,measures 334.16 feet along the easterly property line, measures 196.79 along the southerly property line with a 20 foot right of way south of the line for other parcel owners access and 331.85 feet along the westerly property line with a bordering 25 foot right of way. The existing home is a multiple level single family home with an,attached garage; multiple decks, in-ground swimming pool and hot tub, . and an"as built shed".located with a front yard setback.of 14.5 feet and is 84.7 feet from'the top of the bluff, The as built shed" is not shown on the survey dated August, 5, 2003 by Nathan'Taft Corwin III, L.S., but included with all proposed and existing improvements is depicted on the site plan prepared.by Nancy Steelman, R.A. dated February 23,2017. BASIS OF.APPLICATION: Request for Variances under Article III, Section 28045F and Article XXII, Section 280416A-.and the:Building Inspector's March 3,2017; amended March.13, 2017 Notice of Disapproval based on the.application for a' permit to construct additions and alterations to an.existing single family dwelling and to legalize an"as built" shed,.A l) "as built" shed located less than the code required minimum front yard setback of 50-feet; 2) %s built" shed located less than the code required feet from.the top.of the bluff, 3) additions to the. single family dwelling located less than the code required 100 feet from the.top of the bluff at :9202 Bridge Lane,:; (Adj.to the Long Island.Sound):Cutchogue,N1'..SCTM#1000=73.-2-3-,1,: RELIEF REQUESTED: The applicant requests.variances_ to I -Approve the"derii"o.lition of single familydwelling, retain 40%_ of the existing.dwelling:and construct.new additions and alterations with an, enlarged attached seaward deck at.a 31 ft. setback from the top of the bluff, and 2, To legalize the existing,8 ft. x 14A. "as built" accessory. shed in a conforming.front yard location with a non-conforming-front yard setback of 14.5 feet where the code requires a minimum of 50 feet, and a non-conformingset back from the top of the bluff of 84.7 ft. where the code requires a minimum of 100 ft., shown on the a site plan prepared by Nancy Steelman,R.A. dated February 23,2017. . ADDITIONAL INFORMATION: Public hearing notices were mailed to owners of adjacent parcels as required and no comments were received. The applicant's representative said the"as built"shed was on the property when the current owner's purchased the property. Since a recent town code change may affect the allowable percentage of demolition applied for in this project, the applicant was directed by the Board to contact the Chief Building Inspector to determine whether the project or the Notice of Disapproval should be' amended. The Building Department determined that no further actions were required on the applicant's part and that the Board may proceed in rendering a determination on the application as applied for. In a prior ZBA decision (#6275 dated June 16, 2009) the Board granted a 42 ft, bluff setback for additions and alterations to the single family dwelling. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 6,2017 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: Page 3,August 3,2017 #7062,Severson SCTM No.1000-73-2-3.1 1. Town Law§267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of mostly large waterfront homes similar to what the applicant proposes. Other homes in the area have non-conforming bluff setbacks. The subject accessory shed is surrounded by mature trees and shrubs and cannot be seen from the private Right of Way which provides access to the subject property and to adjacent neighbors. 2. Town Law-,§267-b(3)(b)(2).-The benefit sought by the applicant for the as built shed cannot be achieved by some method, feasible for the applicant to pursue, other thanarea variances. The shed exists in its current location and given the location of the as built in ground pool and driveway and the functional need for the storage shed to be close to the pool, it is difficult if not impossible,to find any other location on the property in the conforming front . yard.that would also have confroming front yard-and bluff setbacks The proposed expansion of the as built attached deck from it's current non-conforming 34.5 ft, top of the bluff setback will reduce the bluff setback-to:' 31.1 ft., thereby creating more non-corifmrity, and is not necessary.for the applicants.to enjoy th, benefit of an.;. attached seaward deck. . 3. Town Law &267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 7.1% relief from the code for the front yard setback of the as built shed in the front yard, and 15% for the shed.distance from the top of.bluff. However, the shed cannot be seen from the 25 foot Right of Vay and cannot practically be . relocated to conform to.all code required minimum-setbacks. The variance requested herein for the.31.T ft. top.of -; bluffs etback for ari enlarged attached deck is mathematically substantial,representing 69%relief fromfhe code 4, . Town Law. $267-b(3Nb (Z 41.No evidence has been submitted to..'suggest that a,,variance; n this..residential{ -� commuriity-will=ha,+e ati adver's.e-impact.on the physical-or-envm ironer tal_conditions ifiAe neighborhood�pr6 id-d that the.applicant adhere to.all recorrimendations.made by Suffolk County Soil,:and Water and:the.Southold Town :.:-. . Engineer as.cited above. 5. Town.Law$267�b 3)(( b)(5). The'difficulty has been self-created. The:applicarit 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 6f the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to,enable the applicant to enjoy the benefit of an "as built" shed, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. DENIAL of the relief requested for the extended deck alteration, is the minimum action necessary and adequate to enable the applicant to enjoy the:benefit of an attached seaward deck 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 Acampora, seconded by Member Planamento, and duly carried,to GRANT the following variances as applied for: 1) the front yard setback of 14.5 ft. for the as built shed, 2) the bluff setback of 84,7 ft. for the "as built" shed as shown on the the site plan prepared by Nancy Steelman, R.A. dated February 23,2017. DENY, the attached deck expansion to the single family dwelling located less than the existing 34:5 feet from the top of the bluff v r Page 4,August 3,2017 #7062,Severson SCTM No.1000-73-2-3.1 SUBJECT TO THE FOLLOWING CONDITIONS: 1. The .applicant must adhere to the comments and.suggestions of the Suffolk County Soil and Water Conservation District in the continuing'protection of the bluff. 2. The applicant must comply with all the requirements.of_Chapter 236 of the Town's Stormwater Management Code I. The applicant shall not decrease the bluff setback of 41.5 feet for any additions.or alterations to the single family residence, as shown on the site plan by Nancy Steelman, RA..dated February 23,2017 Any deviation from the survey, site plan and/or architectural draw ngs cited in.,this decision will result in delays and/or apossible denial by the Building Department of a by Idingpermit, 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..autNoriaed under this application when involving nonconformities under the zoning code: This action does not authorize:or condone"any current,or fu4ire use,, setback or other.feature of,lhe subject property that may violate.the Zoning Code, other than'.Such:uses; setbacks and other features as are expressly addressed in.ths action.,, The Board reserves the-right to substitute a similar desi that,is::de tnirimis;inn.atuNe.for an".ralteration drat;does t;ncrease the�de :ee:o;noncon ormi :. -- .f Pursaant;fo Chapter 280-146,(B) of the Code.of the'Town'of Southold any varix c;a ed 6y:.tlie.. Board of Appeals shalhliecome.null and void,where.a-Certificate of Occupancy has;notUp - procured;:and/or a subdivision map Iias not-peen piled with the_Suffolk County Clerk,withim three (3);year`s fronfthe date,such`variance was`granted ,'T1ieABoard`of Appeals may,upon written . request prior to the date of expiration, grant an ettensioft not to exceed three(3) consecutive.one (1)year terms. Vote of the Board: Ayes:Members Weisman (Chairperson), Dantes, Planamento and Acampora. (Member Goehringer Absent) This Resolution was duly adopted(4-0). Leslie Kanes Weisman,QChairperson Approved for filing U / /2017 Office Location: Q,IF so �Olo Mailing Address! Town Annex/First Floor,Capital One Bank y _ 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 • yam. Southold, NY 11971-0959 http://southoldtown.northfork.net RECEIVED w fe(Pb BOARD OF APPEALS /"/S- TOWN OF SOUTiHOLD JUN 2 9 2009 Tel. (631)765-1809 Fax(631)765-9064 Sou* FINDINGS, DELIBERATIONS AND DETERMINATION t ftZ PC I"el r k MEETING OF JUNE 16,2009 ZBA FILE#6275-WILLIAM and MARGARET HOWELL,Applicants PROPERTY LOCATION: 9202 Bridge Lane, Cutchogue CTM 1000-73-2-3.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 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,stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTSIDESCRIPTION., The subject property is a 59,977.49 square foot parcel measuring 199.50 feet along the Long Island Sound to the north, 334.16 feet along the eastern boundary, 196.79 feet along the southern boundary, and 331.85 feet along the western boundary. The lot is improved with a single family house and an In-ground swimming pool, as shown on a survey dated August 5, 2003, with notations added June 26, 2006 by Nathan Taft Corwin III, surveyor. BASIS.OF APPLICATION: Requests for Variances under Section 280-116 A(1), based on the Building Inspector's Octobdr 15, 2008 Notice of Disapproval concerning proposed additions and alterations to the existing single-family dwelling, which new construction is located at a set back fewer than 100 feet form the top of the bluff. LWRP DETERMINATION; A Letter to the Board of Appeals from LWRP Coordinators Mark Terry and Scott Hilary was received on May 20, 2009, reporting a finding of inconsistency under Chapter 268, Waterfront Consistency Review of the Town of Southold Code, and the Local Waterfront Revitalization Program (LWRP) standards. The letter noted that the distance from the top of the bluff for the dwelling is less than 100 feet.. The letter recommends that the application be amended to meet Policy 4,1 and Policy 6.3 LWRP standards to the greatest extent practicable. The dwelling ' Page 2—June 16, 2009 ZBA#6275—William and Margaret Howell CTM 1000-73-2-3.1 Plot Plan#07-1329 (Drawing PP-1) dated 1120109, prepared by Raymond W. Nemschick, R.A., shows the new construction will maintain the existing 42 foot setback from the top of the bluff. The plan also shows portions of the bluff will be replanted (including an 184 section to be cut back 30" (following other agency permit authorizations) and replanted with rose rogosa 2 ft. on center, as well as other plantings shown on the plan, to prevent storm water runoff in the area of the bluff. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 28, 2009, at which times 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: AREA VARIANCE.RELIEF REQUESTED; The applicants request a variance for additions and alterations to the existing dwelling at a minimum 42 foot setback from the top of the bluff. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Bobrd makes the following findings: 1. Town.Law Section 267-b(3)(b)(1), Grant of the variance will not produce.an undesirable change in the character of the nejghborhood or a detriment to nearby properties. New constfuction on this 65,000 square foot lot will be limited to the landward side of the dwelling. No new construction will reduce the setback from the bluff. 2. Town Law.Section.267-b(3):{b)(2). The benefit of new exterior walls and renovated existing dwelling with nonconforming setbacks cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Any alterations to the side of the house facing the water would require a variance. 3. Town Law Section 267-b(3)(b)(3), The proposed variance is not substantial, There will be no reduction in the existing nonconforming setback. 4. Town Law Section 267-b(3)(b)(5). The difficulty has not been self created. It has existed since the house was originally constructed. 5. Town.Law Section 267-bi3).(b){4), No evidence has been submitted to suggest that a variance in this residential commu}hity will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town LAW Section 267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of this new construction, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OI='THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 261-B, a motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to 7 e Page 3—June 16,2009 ZBA#6275—William•and Margaret Howell CTM 1000-73-2-3.1 GRANT the variance as applied for, as shown on the Drawings A-1 to A-12 issued 1113109 by Raymond W. Nemschick, R.A,,subject to the condition that: After obtaining all applicable permits, the section of the bluff closest to the dwelling will be cut back by 30 inches and replanted as shown on Drawing PP1 dated 1120109 prepared by Nemchick Silverman Architects, P.C. That the above condition be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on 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 addfesseAn this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Ch ; Si n, !Nei and Schneider. This Resolution was duly adopted (4-0). Member Oljv . s absent. .G RD P. GOEHRINGER, CHAT MAN. pproved for Filing 614 L-/2009 t• ;t TOWN OF SOUTHOLD. NEW YORK DATE,V22f80. ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2 6 0 9 Dated September 12, 1979 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD. To George C. Stankevich, Esq. for Robin A.. Raeburn and Appellant Mary Elizabeth Mur Main -Road, Southold, New York 11971 at a meeting of the Zoning Board'of Appeals on January 22, 1980, the appeal was considered and the action indicated below was taken on your (X) 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, ISP }SJS4� 1 �1K By resQlutlon 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 ( ) be confirmed because October 11, 1979: 8:35 P.M. (D.S.T.) Upon application of Robin A. Raeburn and Mary Elizabeth Murphy, by George C. Stankevich, Esq. , Main Road, Southtbld, New York for a Variance for approval of ac- cess, New York Town Law, Section 280A. Location of property: Bridge Lane Extension, Cutchogue, New York; bounded north by Long Island Sound, south by Bokina, west by Bokina and Baxter Properties, east by Parr. CSEE REVERSE) 2. VARIANCE.By resolution of 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 of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM ZB4 After investigation and inspection, the Board finds that the applicants have requested approval of access to lots located near Long Island Sound and heretofore approved, conditionally, as a minor subdivision by the Planning Board on November 14, 1979. The lots shown on the subdivision map have access to the nearest public highway, namely, Bridge Lane Extension at its intersec- tion with. Oregon Road over a 16-foot wide right-of-way. However, upon examination of the site, the Board found that said right-of-way is not open and unobstructed throughout its entire length. It is obstructed by a barn and house at the southerly end within 200 feet, approximately, of Oregon Road. The Board also found that there exists a 20-foot wide right-of-way (presently of Baxter Properties, Inc.) immediately west of the above-mentioned 16-foot wide right-of-way. The Board believes that if the applicants can ob- tain the right to use the 20-foot wide right-of-way in the area in which the 16-foot wide right-of--way is obstructed by buildings that the combined use of the rights-of-way in the area where obstructions are located would afford applicants adequate access to the lots in question. The Board finds Lhat the circumstances present in this case are unique and that strict application of the applicable laws would produce practical difficulties or unnecessary hardship. The Board believes that the grant of a variance in this case will not change the character of the neighborhood and will observe the spirit of the zoning ordinance. On motion made by Mr. Grigonis, seconded by Mr. Tuthill, it was RESOLVED, that ROBIN A. RAE13URN and MARY ELIZABETH MURPHY, by George C. Stankevich, Esq. , Main Road, Southold, New York 11971, be GRANTED approval of access, New York Town Law, Section 280A, SUBJECT TO THE FOLLOWING CONDI- TIONS. 1. That the applicants obtain ••th 'ega e 1l right to use the 20-foot wide right-of-way (presently of Baxter Properties) lying to the west of the 16-foot wide right=of sway (pre5eritly of Raeburn & Mtrphy) and that the 20-foot wide right-oi-way (presently'.of Baxter Properties.) be used in con- junction faith on], that ;portion 'of the 16"foot wide right-of-way that s unobstructed by existing buildings for a .distance comiriencing at the northerly line of ,Oregon Road and •extending northerly a distance. of .a - oximatel. 200 feet to a- polnt.nbrth. of the existin " barn and or house encroachments of the 1.6=f0ot w�:da -,right-of-way, 2. That the applicants file with this Board an instrument granting applicants the right to use that portion of the above-described 20-foot wide right-of-way in recordable form. 3. That the right-of-way be suitably improved in accordance with the requirements of this Board adopted March 22, 1979. The full width and length of the legal rights-of-way (presently of Raeburn & Murphy) and that portion, approximately 200 feet at least, of the 20-foot wide right-of-way (presently of Baxter Properties) being used conjunctively shall be improved in accordance with these requirements. 4. That approval and/or recommendations of the Suffolk County Planning Commission be obtained pursuant to Section 1332 of the Suffolk County Charter. 5. That approval and/or recommendations of the Southold 'Town Plan- ning Board be obtained regarding the use of that portion of the above- described 20-foot wide right-of-way (presently of Baxter Properties) . Location of property: Bridge Lane Extension, Cutchogue; bounded north by-Long Island Sound, south by Bokina, west by Bokina and Baxter Properties, east by Parr. County Tax Map Item Nos. 1000-073-002-003 and part of 1000-073-002-002. �r �1 g �p�� Vote of the Board: Ayes: Messrs. Grigpn -'g'a�, igPa Pl?utYlAp BY Absent; Messr.. Doyen. TH. SOU`7 OLD TOWN CLERK APPROVED DATE!/a e..0 HOUR a:30/'-m . Chairman Aartl oft pea( Town`Clerk,,Town of Southold BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF &OUT53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, 02 Robert Lehnert,Jr. �. �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento !' . Southold,NY 11971 RECEIVED htLp:Hsoutholdtowmy.gov ZONING BOARD OF APPEALS D - 612021 TOWN OF SOUTHOLD � 12, MA Tell.(631)765-1509 ®Fax(631).765-9064 f1buthold Town Clerk ]FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 2,2021 ZBA FILE: #7558 NAME OF APPLICANT: Patrick and Diane Severson PROPERTY LOCATION: 9202 Bridge Lane(Adj.to Long Island Sound) Cutchogue,N.Y. SCTM#1000-73-2-3.1 SEQRA D "fEKMMATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type H category of the State's List of Actions, without further steps under SEQRA. SUFFOLK. COUNTY ADA/QNISTR:AIDV%.CODA: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A 14-25, and the Suffolk County Department of Planning issued its reply dated August 6, 2021 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 November 3,2021. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department,as well as the records available, it is recommended that the proposed action is CONSISTENT with LWRP policy standards; and therefore, is CONSISTENT with the LWRP,based upon prior ZBA variance relief for a shed in approximately the same location as the currently proposed accessory structure. PROPERTY FA:(_,TS/DESCRIPTION: The subject property is.a.59,977 square foot nonconforming parcel located in the Residential R-80 Zoning District. The northerly property line measures 199.50 feet and is adjacent to Long Island Sound,the easterly property line measures 334.16 feet,the southerly property measures 196.79 and is adjacent to a 20-foot wide Right of Way, and the westerly property measures 331.85 feet and is adjacent to a 25-foot wide Right of Way. The property is accessed by a 16 foot Right of Way off of Bridge Lane. The parcel is improved with a two-story frame dwelling with an underground two car garage. There are wood decks to the rear of the dwelling along with a large slate patio and an in-ground swimming pool on the southwest side of the dwelling with a large 14 ft.x 8.1 ft.wooden shed at the west side of the property as shown on the survey map prepared by Nathan Taft Corwin III,L.S., last revised January 17, 2019. BASIS OF APPLICATION: Request for Variances from Article III, Section 280-15; Section 280-116A; and the Building Inspector's June 18, 2021 Notice of Disapproval based on an application for a permit to construct a new accessory building; at; 1) located less than the code required 100 feet from the top of the bluff; 2) located less than Page 2,December 2,2021 #7558,Severson SCTM No. 1000-73-2-3.1 the code required minimum front yar setback of 50 feet; located at 9202 Bridge Lane, (ADJ. to Long Island Sound) Cutchogue,N.Y. SCTM# 1000-73-2-3.1. RELIEF REQUESTED: The applicant requests variances to construct a new Accessory Building located 86.1 feet from top of bluff instead of the minimum code required 100-foot setback from the top of the bluff, and to be located 15 feet, 1 inch from the front yard property line, instead of the code required minimum of 50 feet In his area variance application, the owner is proposing a one-story accessory structure with a basement and an above grade deck and terrace, and indicates that the new accessory building is for an accessory apartment, labeled on the architectural plans as a guest house. The Building Department's Notice of Disapproval of June 18,2021 stated that the proposed guest house/apartment within the new construction is not a permitted use No application for a Use Variance or a Special Exception Permit application for a proposed accessory apartment in the new accessory structure was submitted to this Board. According to 280-13B(13),one accessory apartment is specially permitted in a lawfully existing detached accessory garage, barn or storage building, but not in new construction. J ADDITIONAL INFORMATION: The applicant applied for setback variances in 2017, ZBA#706, to build a shed which is virtually in the same location as the now proposed accessory building with a basement and above grade deck and terrace. This new building is proposed to be 1,328 square feet and is labeled on the architectural plans submitted with this application as a guest house. The existing shed will be removed in order to build this accessory structure as shown on the Site Plan drawings prepared by Ural Talgat,Architect and dated July 22,2021. At the hearing, the applicant and the architect were informed about the limits on permitted uses for accessory structures, further explaining that since an inground pool already exists on the property,they could apply for setback variances for a pool house/cabana and they should refer to the code to see how a pool house/cabana is defined if the applicant chose to pursue this option. The Board closed the public hearing on November 4, 2021. On November 9, 2021, the applicant's representative, by letter, requested that the Board re-open the hearing so that the applicant can consider an alternative use for the proposed accessory structure. During the Special Meeting of November 18, the Board Members considered the request to reopen the hearing, and unanimously voted to DENY the applicant's request. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 4,2021 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. To`yii Lw 11267-b..(3 :b)(1 . Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. However, while the proposed setback variances for an accessory structure have already received prior ZBA approval, and a shed currently exists in the propose location, the proposed use for this structure as a guest house would have a detrimental impact on the neighborhood.Although some guest houses do exist in small numbers throughout Southold Town, they are generally pre-existing, non- conforming structures that constitute second,dwellings on single'lots. In single family residential neighborhoods like the subject neighborhood, the zoning code does not permit more than one dwelling on a single lot, other than an accessory apartment in a legally existing accessory structure to be occupied by someone eligible for the Town's affordable housing registry or a related family member, clearly as an accessory to the principal dwelling, and only by the granting of a special exception permit by the ZBA. Page 3,December 2,2021 #7558, Severson SCTM No. 1000-73-2-3.1 2. Town LaW &267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance. The applicant can add a legal addition to their existing single- family dwelling to accommodate guests. 3. Town Law.426'7-b.(3)(b)(3). The variances granted herein are mathematically substantial,representing 13.92% relief from the code for top of bluff setback, 69.8% relief from the code for the front yard setback and 100 percent relief from the code for the proposed guest house use. 4. Town Law :4267-b(3)(b)(4). No evidence has been submitted to suggest that the proposed variances in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant previously received the same setback variances for a proposed shed which has existed since 2017 without adverse impact.However,evidence was submitted to suggest that a proposed guest house on a single-family lot would have a detrimental effect because they are not characteristic of such neighborhoods. 5. Town Law.$267-b(3)(b)(5) The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law.§267-.b. Grant of the requested relief IS NOT the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new accessory building while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION.OF T 8 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 Weisman(Chairperson),seconded by Member Acampora, and duly carried,to DENY as applied for, Vote of the Board: Ayes: Members Weisman (Chairperson), Acampora, Dantes Lehnert, and Planamento.. This Resolution was duly adopted( 5-0). Leslie Kanes Weisman, Chairperson Approved for filing /)-/ 6 /2021 i 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: Patrick and Diane Severson 2. Address of Applicant: 4306 Churchill Downs Drive Austin, TX 78746 3. Name of Land Owner(if other than Applicant): same 4. Address of Land Owner: same 5. Description of Proposed project:New accessory building for accesspH apartment and new above-grade deck&stairs 6. Location of Property:(road and Tax map Number)9202 Bride Lane Cutchogue,NY 1000-73-02-3.1 7. Is the parcel within 500 feet of a farm operation? {X}Yes { } No 8. Is this parcel actively farmed? { }Yes {X}No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. Tax Map#• 1000-73-2-4 N&L Properties LP 110E Atlantic Avenue Suite 320,Delray Beach,FL 33444 2. Tax Map#: 100-84-2-3.3 26285 Rte 48 Cutchogue LLC,c/o Solow Realty&Dev,9 W 571h Street,Suite 4500, 3. New York,NY 10019 4. 5. 6. (Please use the back of this page if there are additional property owners) Agent:Ural Talgat / 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. 61 Z20 Appew ix B Short EnWronnientul fissessrnent Dorm Instructions for CotnpletinLy Part I - Project Information. The applicant or project sponsor is responsible for the completion of Part I. Responses become part of the 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 Pact 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 I -Project and Sponsor Information Patrick and Diane Severson Name of Action or Project: _ SEVERSON RESIDENCE ..—..— __.. .. ------- Project Location(describe,and attach a location map): 9202 Bridge Lane, Cutchogue Brief Description of Proposed Action: New accessory building for Pool House. Name of Applicant or Sponsor: - --- 'fclephone: 914.656-0852 --- Patrick and Diane Severson E-Mail: diseverson@yahoo.com Address: ---- - -- — -- - 4306 Churchill Downs Drive City/PO: --- - State: - ---Zip(:ode: Austin TX 78746 1. Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, NO YES I administrative rule,or regulation? I_ If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that FA l 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 G•om any other governmental Agency? NO YES If Yes, list agency(s) name andermit or approval• 1 Southold Town Building Permit, New York State DEC, Suffolk County 4:�J 6FMe Ith 3.a.Total acreage of the site of the proposed action? 1.377 acres b.Total acreage to be physically disturbed? 0.0694 acres c. 'I'otal acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 1.377 acres j 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural (non-agriculture) ❑Industrial ❑Commercial I$IResidential (suburban) 1 ❑Forest K]Agriculture ❑Aquatic ❑Other(,specify): ❑Parkland Page l ofA 5. Is the proposed action, - --- - i NO YES j NWA a.A permitted use under the zoning regulations? i �If JI i f I L"-- I— _ b.Consistent with the adopted comprehensive plan? _�❑ l� 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? Ln 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 j YES b. Are public transportation ser•vice(s).available at or near the site of the proposed action? a i ❑ 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: _l �f�� - -- — El lx 10. Will the proposed action connect to an existing public/private watersupply? NO I YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment. new sanitary system h (� 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? rl I__I b. Is the proposed action located in an archeological sensitive area? a i ❑ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain i NO YES wetlands or other waterbodies.regulated by a federal,state or local agency? f ❑ f� 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 1 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ®Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid--successional ❑ Wetland ❑Urban [RSuburban 15.Does the site of the proposed action contain any species of animal,or associated habitats, listed NO YES 4 by the State or Federal government as threatened or endangered? 16. Is the project site located in (lie 100 year Flood plain? NO YES EL 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, ❑I t F-;q a. Will storm water discharges flow to adjacent properties'. M NO DYES } b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO BYES { gutters/leaders_to__catch basins Page 2 of'4 I S. Does the proposed action include construction or other activities that result in the impoundment of NO 1_vF5 water or other liquids(e.g. retention pond,waste lagoon,dam)? II•Yes,explain purpose and size: DX EJ i 19. 1 las the site of the proposed action or an adjoining property been the location of an active or closed i NO YES solid waste management facility? If Yes,describe: X 1 D 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: CI 0 f I AFIRiVI THAT THE INFORMATION PROVE DED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY ' KNOWLEDGE Applicant/sponsor name: Ural Talgat Date Signature: Pal•t 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 intormation contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should lie guided by the concept"Have illy responses been reasonable considering the scale and context of the proposed action'?" -- No,or Model-ate small to large impact impact niay may ocelli' oecul, I. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? L El 2. Will the proposed action result in a change in the use or intensity of use of land? El I--I 3 Will the proposed action impair the character or quality of the existing community? I� F] 4. Will the proposed action have an impact on the environmental characteristics that caused the I �� ❑ establishment of'a Critical Environmental Area(CGA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or f El affect existing infrastructure for mass transit, biking or walkway? �J 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate f'1 reasonably available energy conservation or renewable energy opportunities? I_1 0 7. Will the proposed action impact existing: E Irl a. public/private water supplies? 1 I b. public/private wastewater treatment utilities? S- Will the proposed action impair the character or quality of important historic,archacolo,ical, f l 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 4 - No,or iLiodcrate small to large Impact impact may may occur I occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage C� problems? 11. Will the proposed action create a hazard to environmental resources or human health? 1—I Part 3-Determination of significance. The Lead Agency is responsible for the completion of'fart 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 ofoccurring, duration, irreversibility,geographic scope and magnitude. Also consider the potential for short-term, long-term and cunurlative 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 il•you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Southold-Board of Trustees Name of Lead Agency Date President Print at-Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agencv Si-nature of Prepare,(if different from Responsible Officer) F' NT Page 4 o('4 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM 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: Ural Talgat (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 you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP _ Submitted this day of)r;P�20 S Signature Print Name Ural Talp-at 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 grovide information which can alert the t 'of Rossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Diane Severson (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 namey TYPE OFAPPLICATION:(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 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 applicautfagent/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°1D 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 RELATIONSIIIP Submitted this/✓ day Signature _—k Print Name Diane Severson APPLICANTIOWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the nart 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: Patrick Severson (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.Uso,indicate the other person's or compapy'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 you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 59/6 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 d otL Signature Print Name Patrick Severson 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 detennination 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 si fiug icant beaic_(icial incl adverse of6k2rts_ o the («hieh ill ILIdi:s all ol:solithold Towl)). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. 'l'laflrs, each answer imist be exyl.61161 ilk detail, fistill", hoth su ppor(ipp" and 11on- suppo -ting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold 's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 73 _ 02 _ 3.1 PROJECT NAIL SEVERSON RESIDENCE The Application Inas been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Build.lug Dept. ❑ Board of Trustees ❑ ZBA X 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) I—I (b) Financial assistance(e.g. grant, loan, subsidy) I—I (c) Permit, approval, license, certification: Nature and extent of action: New accessory building for Pool House D Location of action: 9202 Bridge Lane, Cutchogue, NY Site acrcaoc: 59,977 sf= 1.377 ac - - -— - — ---- - --- --- Present land use: RESIDENTIAL Present zoning classification: R-80 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Patrick and Diane Severson (b) Nailing address: 4306 Churchill Downs Drive, Austin, TX 78746 (c) Telephone number: Area Code( )914 656-0852 (d) Application number, if anN:- _ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes 0 No O If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide ail proposed Best Management Practices that will fuirther each policy, Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Poster 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 LVVRP Section III—Policies; Page 2 for evaluation criteria. YesNo ❑X Not Applicable Attach additional sheets if necessary ��— Policy 2. Protect and preserve historic and archaeological resources of the Tower of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria 1-1 Yes F No IE Not Applicable There are no historic or archeological structures on proper!),. 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 L`J Yes ❑ leo ❑ Not Applicable Building structure is in keeping ins le and scale of neighboring structures. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L,WA'"' Section III--Policies Pages 8 through 16 for evaluation criteria ❑ Yes El No n Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of,Southold. See LWRP Section III — ` l Policies Pages 16 through 21 for evaluation criteria El Yes L No O Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the 'Lown of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Paged 2--' through 32 for evaluation criteria. ❑ E1 �X� not applicable Yes No Not Applicable No development will take place in the "protected" or"natural indiginous environment". Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town.of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. I—XI Yes [:] No I—] Not Applicable The development will not add pollutants into the air. Attach additional sheets if necessary Policy 8. Minimize-environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LVVRP Section XII—Policies; Pages 34 through 38 for evaluation criteria. 0 Yes 1-1 No N 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. El Yeto No El Not Applicable No public land involved. Littoral access unimpeded. Attach additional sheets if necessary WORKING COAST POLICIES Polncy 10. Protect Southold's water-dependent eases and promote siting of new water-dependent uses in suitable locations. See LWRP Section III Policies; Pages 47 through 56 for evaluation criteria. CI Yes ❑ No FX Not Applicable There are no public or commercial activities or uses on site. Historically this property and neighboring properties are .residential in use and will remain residential. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and 'Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. I x I Yes El NoEl Not Applicable This project will protect and preserve the living marine resources by maintainin all rainwater discharge on site. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the 'Town of Southold. See LWRP Section ILII — Policies; Pages 62 through 65 for evaluation criteria. Yes ❑ No Not Applicable There are no agricultural lands on site. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. Yes No I_1 Not Applicable The construction will be using equipment approved by the Federal government _- -. for energy usagp._The project will meet Federal standards for conserving energy — - - --- _. "ene.rgy Star_Program". PREPARED BY Ural Ta I g at TITLE Architect DATE 1- 31-2022 SCTM # �— TOWN OF SOUTHOLD PROPERTY RE OWNER STREETVILLAGE _ DIST. SUB. LOT -ILv �llx� Z0� r ACR. REMARKS C,4 - s 1U TYPE OF BLD. PROP. C ;� VV Z s� I '� CAP Qt �G� D LAND I TOTAL _' DATE 3h h I R P# 3 7/ 00 00 /)2-s i7- Io -6 e6- w� `� : v.a'-s e U-C- til C, FRONTAGE ON WATER Zr' a 3 y 71Z,40 HOUSE/LOT BULKHEAD Vef TOTAL ?l 1�. ' ' _ ;- - - .,� ;; :A `�s � ■■ism:■■■■■■i��i'r■�a�©■■■■■■■■■■■ 'i lfi,+;," * ,.qC.r , ,q',�%v JZ`� _ •'-L- .�� e:xr -:`�y. _`t"ia^,'. .,'� ■■■■■■■■■■47' I����I■■■■■■■■■■■■■ owl CB . _. ER .. . Finished B. mta— _rior FinishFire �o Jr3 / •lace A • • Ext. Walls wo 0 Libra - TW . F SOUTHOLD WMPERTY RECORD CARD � NEFcrS. Rowe ' STREET VILLAGE DISTRICT I SUS. LOT ; L<1 oER ri' �" ':+wc=:�.,vw L< l; C+KP.t, OWNER .flq �n &Jei'�rn�.vt;f r. N f �� f, + E p ACREAGEF +,Gf-1�f j Le I 3 # rif o ✓1 ' ff La 'Sflr� W I TYPE OF BUILDING RES.x i ( � SEAS. -� VL. FARM COMM. IN©. CB. MISC. ..---.j i LAND IMP. TOTAL DATE REMARKS.. � 1 , p µ' - ".' !L w7 -, -�.��. / �c/ AG t;ekiA' ` 6 `!(l`j�`3._.._dz�"1+:' d{ f `'�f J 4j!!A-XrYj &J 1 i/,L.t �j^'/'7 •Rl ,7 s�.Z -_ C y?sl ? YL'_ 1'f d l al 5 r a RR,c C-! LTy'} .ab .'f a -Pnc'bit,at 1:::� AGE � BUILDING CONDITI N 1 ! i, .r-V. , _(j ° ° — L er ��� ; s °;-� ` , ' °': 1 t Q Zr -�� 1.�1 �'~.�-t�.}-- 'vr 3} `• Farm Acre .Value Per Acre Value Til€able 1 _ -- q - JTillable 2 Tillable 3 �t `l- Lo Ozs ' 4ro-Cole`" -o Lk Woodland � �! ' �� L �1���� �d?�_1 1Cl��� Air`" x.11 i --- --- - E— —! Swampland - — lo P' 3 n l �n .�.Y .G-Ar-w- C�rushland � '°191L.-_ :,o ��--s- ,2�f m- Yw. if s`i't r I jHou �i`tea 1C+ `" tr •-a V �J ; se Plot l r M, IM _ r i Ii s' WZ s 73.-2-3.1 1/12 `1 t V M. 1�,Idg. k ~ Foundation Bath 'Extension -x a �� �- r� Basement ���, Floors /G xi Aj j `f Extension S� r Y a Ext. Wolds y, � ra Interior Finish J-L _Extension f ? '' %7 Fire Place ES Heat s Porch Attic pc; Porch Rooms Ist Floor Patio Rooms 2nd Floor i Garage 1r' .K o* ' " gs� �� i <-CO Driveway 77, .1 ,�� r A•tt{ � _ Y•'/. �y '' ter•-'.� fFi�w'`���.ltiRx'i''�.�' moi,: Severson West • Cdr ,�� .. � � �'.�' �• >a���. �� ._..yam �_• ...�" •_ Severson •• • • -41 ' d �-( .� •.`�,� ���' •'�. +�•.�}cy i� ray'`_y �� ��_..��.•. ..t • Vk. it ` yet r• 1 b i r'' a + r N Y, :.S'NIVCrihy.• f J ' Severson —#5, view looking North — March 23, 2021, 1:34 pm F7 MIT, 13 Severson —#6, view looking East — March 23, 2021, 1:34 pm }?' � 'per;�, L '�•�•,r r��y+,�,{r,t yV,'y":1.�. �� >s�! g 1 L - r J. , ,nt"'"e'F,�{'+r;�'`� - }moi, +""" �"''' �. '`. - :�„�!�•;TM�`- F y x�,_ Severson — #7, view looking East — March 23, 2021, 1 :34 pm � K .. ,Y,•Ate` .,.�'�'`- � �� �.iW „Y !� �.r� Severson — #8, view looking East — March 23, 2021 , 134 pm 4 =- 1� r �r ;'rte '��1�:»- S. ,f� �`���.r ,�� r•4� •. �� f(, i K .•P w IT AN .. - � yy.•,�*�i��-" i"" �w. sem'- �, iy--. � »_ I � tit r'�t.v � ��� i"'• •;� • ' .$r M' -"yJ� vdd �. ► 4 ..w• ;y' � •�3" if 'i. "' -^ter, � � -�i`�i''• i. �1�,, x" +�.,p r ��` yi _ - dee'„I� ,: • /-.s 4 4 • :ti l A � t • w i + • •� EVA `. � ¢� iT � • •• • • • RevL,,ens i� 1.2n-e7 I 07-21-00 1 6G-3O-Cl C4-01.03 - i D2:11 n4 070712 OA D5-0441; — �ca if I (. 2.1 4,7A u 9 voVI .Qa SC C �_ C( FOR PCL No. B�T1-01-0019� � �L CASREfBIL PO 3N !NI m � O N � 5.8A O O 4o a. \. 4 4 311A .m' •O 4S � . 22 .� 134A !iO-• 13.OA < (T OFSOUTNOLD \ DEYELGPMZNTRiGNTS) N 711882 Q� MATCH-- — — __ -- �- - LINE `�\ MATCH -Z— SEE SEC NO 084 SEC-SEC NO 084 L .•.w.nxwvL.. Lar. �n i,,,, -----•_ s4...a.^..L.., --s----i ,.,m --..— vaess waaroT� u-w.L•axem:ezi c.....,.o.,.. v.....�,en...e v (21) .--4--- W O C Lw,a•w�la Lv ---��— hw Pnna � Mwn tie --4r-- ,w,..i3u+tLw. —nt— Jti R3 D ...w 23 121 A(4}x f2'A p EC 1VE D �9g•�° s AUG 16 2022 O', SaardofTnrstees 01� �-{ 1 VA OF PROPERTY L/` Nj / ' / SITUATED A T / / ' CUTCHOGUE / / ' TOWN OF SOUTHOLD �,�6 w ° BAH SUFFOLK COUNTY, NEW YORK r09. S.C. TAX No. 1000-73-02-3. 1 SCALE 1 "=20' AUGUST 5, 2003 APRIL 4, 2006 ADDED BLUFF TERRACING MAY 18, 2006 REVISED PLANTING DETAIL �$ JUNE 26, 2006 ADDED CROSS SECTION OF THE BLUFF SEPTEMBER 27, 2016 ADD CZM LINE JUNE 12, 2017 UPDATE TOPO. APRIL 2, 2018 FOUNDATION LOCATION �E� FROM JANUARY 17, 2019 FINAL SURVEY AS SCA se Rp 1.�r1 A 5 P A9 t1A A SNS Of 'P� 'ti OpSSAL �R05a'glE9 TO TIE LINE 1 .377 ac. $o N RO _ o� %,CIS\0S�,V Zai �� AREA 59,977 sq. ft. PNo o N°. ( ) CER TIFIED TO: WILLIAM R. HOWELL '\ .y�yG.;;:.... y�� MARGARET S. HOWELL 0� e, SEPTIC SYSTEM & WELL TIE MEASUREMENTS HOUSE HOUSE HOUSE HOUSE CORNER A CORNER -B] CORNER C CORNER D GE O yo�y co�PGyO SEPTIC TANK , �' m / COVER 55.5 66.5 0 LEACHING POOL 60 59.5, COVER 100 LEACHING POOL COVER 2 74.5' 71 ' LEACHING POOL 80.5' 89.7' COVER 2 .s `s`'� 0 �+�,°�s�_A may, y kayo �': .� •'• `-�,�� ..••v 'GJ�0 ,/,�� p�0 '•::•::. 'ivy ?A�. �0ti yJ,,`l�P,7' oy�yo Gy •: ��, y, •`�••• e� , �fC 41 0 y 04 sr INGROUND POOL >T O ���,� ':.:y�� ,� � .,off' / ���,Pv- �g o:o'. '•. :.' �'\ G°MON' . � •• fl4RB CUE GF.� v ? . v ► .v � ..' / perp. g/ e'; e• y_,yG�`. QLD� 'Q4�,A J�a(v 0��, .' v tl :v �. •.0 .•. � •.• jv e•' b • . wY of / • jr e / D 's ��� •.v / / : :ems .'+• '. . ..d,,• •�� HEDGE tis E pAND M°�' '••• s v e e' ' '•s PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED 41-f e BY THE L.I.A.L.S. AND APPROVED AND ADOPTED s e\ FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. s •��� \ �0 ,'N.Y Lic. No. 50467 • ooy°yo c 4i RZED MRAMON OR ADDITION 12 ' Foto y SECTION 72 9 CF THE NEW�YORKO STATE �O o EDUCATION LAW. Nathan Taft Corwin III Land Surveyor COPIES OF THIS SURVEY MAP NOT BEARING A THE LAND SURVEYOR'S INKED SEAL OR V� EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALJD TRUE COPY. (� CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isaksen, Jr. L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. Ingegno L.S. O� IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys - Subdivisions - Site Plans - Construction Layout LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 Fax (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS OFFICES LOCATED AT MAILING ADDRESS O AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 16 ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 25-429F LOT COVERAGE TABLE s� SITE AREA TOTAL: SOUSTRUCTURES EXISTING PERCENTr46E PROPOSED 1=ERCENTA6E 'V0,, RESIDENCE: 1,555 sf 3.14% 1,885 sf �� �• COVERED TERRACE/ DECKS: 363 sf 0.610/0' 363 sf 0.61% 1� ° �P�` EXT. RA15ED DECK5/5TAIRS: 346 sf 0.58% 346 sf 0.559 ol� lvt�N / EXT. ON 6RADE TERPA0E/DECK5: 1,561 sf 3.10% 2,2°[3 sf 3.829'1 L5WIMMIN6 POOL: 715 sf 1.20% 718 sf 1.20% EXISTING SHED TO BE REMOVED 116 sf O.1CM01 O O PROPOSED POOL HOUSE: O O 350 sf 0.58% / D N� 6,, � / w� w°pD euuTOT 5,28a %sf 8.825,155 sf �'3 N 6g°1 �o AS CCp E0 SROM NAtipR �p�� 5 % 49 S`° 4'0 �Rp510o �AZaR SNE6 �J, � COpS'1A� ER051g,5�93 cOO,, XI5TINCG RESIDENCE CA VIA � � TO REMAIN 1,885 sf F O � � OQ AR �� ti ��'� ���'��o � X I ST I N6 SEPTIC. SYSTEM FOR A 6 BEDROOM RESIDENCE AND GARAGE - 1500 GAL SEPTIC TANK (5T) p- - (2) 8' DIA x 8' HIGH LEACHING POOL (LP) T101'Nol - FUTURE LOCATION FOR (I) 8' DIA x 8' HIGH p y� LEACHING POOL (EXP) / PROJECT SLATEXISTING ys � N/0/F SITE o s 014 JAL MALEKAN MANOUCHEHR gT Ir / �QO 61 o e'Pi � EXISTING INGROUND POOL h DRYWELL FOR STORM WATER LP NEW 4x8 \ O RUNOFF FROM POOL HOUSE ROOF DW � ��-Z, O EX15T O BE REMOVED �,V G �°p0 EXISTING LP p-� ' 0000 pP � BLUESTONE DRIVEWAY 116 5f \��� `` N�wo 196 / 0000 / OUT CLEAN / SCTM # 1000-73-2-3.1 / or WAY PROPERTY: 9202 Bridge Ln 1 PROPOSED NEW ACCESSORY STRUCTURE � ' ,, � 2p' ADDRESS Cutchogue New York 11935 "POOL HOUSE" 3 0' 10 OWNER: Patrick M Severson, Diane S Severson 35U sf � �0 2 4306 Churchill Downs Dr •8s, S 0000 Austin, TX 78746-1109 GLEAN OUT r NEW SEPTI G L I NE FROM POOL SITE: 59,977.49 sq. ft. = 1.377 Acres HOUSE TO EXISTING SEPTIC TANK ZONING: R-80 / LOT COVERAGE: Existing 8.82 % Proposed 9.92 % 20% Max. Allowable ��03 pg�oPER� SURVEYOR: Nathan Taft Corwin III N/0/F & L P.O. Box 16 DONNA I. WEXLER ` �,�° N 1586 Main Road Jamesport, New York 11947 SITE. License # 50467 Dated: January 17, 2019 SCALE: 1" = 20'-0" oma, m-Now CUTCHOGUE, NEW YORK DATE: 12 / 15 / 2021 ❑ E C I V E .�J REVISED: 8 / 23 / 2022 �•� � ��� " U RAL TALGAT 2 2022 ARCHITECT SOIrth .—m BoardfT of Trustees 436 7th STREET �Q GREENPORT, NEW YORK 11944 ell (631)477-8963 Q TRUSTEES PERMIT APPROVAL 10' wide glass sliding doors m IL o I0 m M ROOF I OVER POOL HOUSE in+ +AN& m ABOVE I m 4x12 I I �Y N — r r f 4'—O" GL GL bathroom O OUT fridge SINK GL under EAST ELEV A" TION IMOOK"'TH ELEVATIOmhol SCALE: 1/4" = V-0" SCALE: 1/4" = V-0" PLAN- SCALE: 1/4" = V-0" FIRST FLOOR AREA: 350 square feet PTIM CUTCHOGUE, NE -YG-RV $ ,- DATE: 12 / 15 / 2021 � F .,.� I� U RAL TALGAT G ' 6 2022 ARCHITECT S"oldTown Board of Truste 436 7th STREET GREENPORT, NEW YORK 11944 (631)477-8963 10 , 1