HomeMy WebLinkAbout1000-123.-8-27 (2) BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman, Chairperson ���F S�UryO 53095 Main Road•P.O. Box 1179
Patricia Acampora Southold,NY 11971-0959
Eric Dantes [ t Office Location:
` Robert Lehnert,Jr. N Town Annex/First Floor
Nicholas Planamento Ol �Q 54375 Main Road(at Youngs Avenue)
�COWN Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS RECEIVED
TOWN OF SOUTHOLD
Tel. (631) 765-1809 JUL 14 2023
July 14, 2023 Southold
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. #7829—Giacone, Michael &Nicholas
Dear Mark:
We have received an application to legalize "as built" front porch and rear deck to
existing seasonal dwelling. A copy of the Building Inspector's Notice of Disapproval
.under Chapter 280 (Zoning Code), and survey map, project description form, are attached
for your reference.
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
Chairperson
f
Encl.
Site Plan/Survey: Zackery E. Nicholson, Architect, dated March 20, 2023
Public hearing date—October 5, 2023
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD,N.Y.
NOTICE OF DISAPPROVAL
DATE: May 3, 2023
TO: Zackery E. Nicholson
1250 Evergreen Drive
Cutchogue,NY 11935
Please take notice that your application dated February 2, 2023:
For permit: to legalize "as built"front porch and rear deck to existing seasonal dwelling
at:
Location of property: _270 Park Ave. Ext., Mattituck,NY
County Tax Map No. 1000 - Section 123 Block 8 Lot 27
Is returned herewith and disapproved on the following grounds:
The "as built"additions, on this nonconforming 10,552 sq. ft. lot in the R-40 District are
not permitted pursuant to Article XXIII, Section 280-123,which states; "a
nonconforming building containing a nonconforming use shall not be enlarged, or
structurally altered or moved, except as set forth below,unless the use of such building is
changed to a conforming use."
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.B.A.
Fee:$ Filed By: Assignment No.
' APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
AREA VARIANCE
House No. 270 Street PARK AVE EXT Hamlet
SCTM 1000 Section 123 Block 8 Lot(s) 27 Lot Size 11,207 SF Zone
I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED MAY 5, 2023 BASED ON SURVEY/SITE PLAN DATED MAY 5, 2023
Owner(s)• MICHAEL& NICHOLAS GIACONE
Mailing Address: 1355 BROADWAY-ALBANY, NY 12204
Telephone: 631.513.6589 Fax: Email: ZENICHOLSON.ARCHpa GMAIL.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: ZACKERY E. NICHOLSON, RA for(X)Owner( )Other:
Address: 1250 EVERGREEN DRIVE-CUTCHOGUE, NY 11935
Telephone: 631.513.6589 Fax: Email: ZENICHOLSON.ARCH@GMAIL.COM
Please check to specify who you wish correspondence to be mailed to,from the above names.
( )Applicant/Owner(s), (X)Authorized Representative, ( )Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN
DATED MARCH 20, 2023 and DENIED AN APPLICATION DATED MAY 3. 2023 FOR:
( )Building Permit
( )Certificate of Occupancy ( )Pre-Certificate of Occupancy
( )Change of Use
(X)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: XXIII Section: 280 Subsection: 123
Type of Appeal. An Appeal is made for:
(X)A Variance to the Zoning Code or Zoning Map.
( )A Variance due to lack of access required by New York Town Law-Section 280-A.
( )Interpretation of the Town Code,Article Section
( )Reversal or Other
A prior appeal( )has, (X)has not been made at any time with respect to this property,UNDER
Appeal No(s). Year(s). . (Please be sure to research before
completing this question or call our office for assistance)
Name of Owner: ZBA File#
REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's
signature notarized):
1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby
properties if granted,because:
THE NEIGHBORHOOD CHARACTER WILL NOT BE NEGATIVELY AFFECTED BECAUSE THE AS BUILT
PORCH AND DECK ARE IN KEEPING WITH BOTH THE ARCHITECTURAL STYLE AND THE
CONSTRUCTION MATERIALS OF THE MAJORITY OF THE RESIDENCES IN THIS AREA.THIS TYPE OF
DECK INSTALATION FACING THE BAY IS COMMON PLACE IN THIS NEIGHBORHOOD.OVER 90%OF
ADJACENT�HOUSES WITHIN 50OFT HAVE THE EXACT KIND OF CONSTRUCTION.
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 DECK IS AN AS BUILT CONDITION AND IS LOCATED AT THE REAR OF THE HOUSE.THERE IS NO
OTHER LOCATION TO CREATE A DECK THAT FUNCTIONS AS THIS ONE DOES.
THE FRONT PORCH HAS BEEN INCREASED IN SIZE TO IMPROVE THE ACCESS AND EGRESS
CONDITION AT THE MAIN ENTRANCE TO THE HOUSE.
3.The amount of relief requested is not substantial because:
THE AS BUILT FRONT PORCH IS MODEST IN SIZE(37 SF)-THE MINIMAL REQUIRED FOR TWO
PERSONS TO OCCUPY WHILE OPENING THE FRONT DOOR.
THE REAR DECK IS MODEST AS WELL IN SIZE(119 SF). IT IS NO CLOSER IN PROXIMETY TO THE
WATER THAN ADJACENT NEIGHBORS DECKS AT HOUSE#360,#440Ȉ THAT ARE MUCH
LARGER.
4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district because:
THE AS BUILT AREAS HAVE LITTLE TO NO AFFECT ON THE PHYSICAL OR ENVIROMENTAL
CONDITIONS OF THE SITE BECAUSE ALL THE WORK IS ABOVE GRADE AND DOES NOT
CONTRIBUTE TO THE IMPERMABLE AREA OF THE LOT.NO NATURAL VEGETATION OR
GRADE WAS CHANGED TO CONSTRUCT EITHER THE DECK OR PORCH.
5.Has the alleged difficulty been self-created? { }Yes,or 00 No Why:
THIS STRUCTURE WAS,PRE EXISTING(1957).THE ZONING MODIFICATIONS DONE BY SOUTHOLD TOWN HAVE
CHANGED THE LOT TO R-40 DESIGNATION.AT THE TIME OF THE CONSTRUCTION OF THE HOUSE THERE WERE
NO REQUIREMENTS FOR SETBACK DISTANCES,THERE FOR THE VARIANCES IS REQUIRED BECAUSE OF THE
ZONING CHANGE IN THIS AREA.
Are there any Covenants or Restrictions concerning this land? {X}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.
�I' V
Signature o pplicant or Authorized Agent
(Agent must submit written Authorization from Owner)
Sworn to before me this day
of 120
Notary Public
APPLICANT'S PROJECT DESCRIPTION
J
APPLICANT: MICHAEL&NICHOLAS GIACONE DATE PREPARED: 05.01.23
1.For Demolition of Existing Building Areas
Please describe areas being removed: N/A
U.New Construction Areas(New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: T-11"x 9'-4" FRONT PORCH &7'-6"x 15'-11" REAR DECK
Dimensions of new second floor: N/A
Dimensions of floor above second level: N/A
Height(from finished ground to top of ridge): N/A +-18'
Is basement or lowest floor area being constructed?If yes,please provide height(above ground)
measured from natural existing grade to first floor: N/A- HOUSE IS ON STILTS
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: PRIOR TO RENOVATIONS DONE
UNDER BUILDING PERMIT 44748 THE FRONT PORCH WAS 4'x4'. IT WAS UNDER DISREPARE AND
RECONSTRUCTED SLIGHTLY LARGER TO ALLOW SAFER ENTRY AND EXIT TO THE HOUSE.
Number of Floors and Changes WITH Alterations: N/A-No NEW FLOORS ADDED
IV. Calculations of building areas and lot coverage(from surveyor):
Existing square footage of buildings on your property: 915 SF
Proposed increase of building coverage: 119 SF(DECK ONLY) +36.5 (FRONT PORCH)
Square footage of your lot: 11,207 SF
Percentage of coverage of your lot by building area: 9.5%
V.Purpose of New Construction:
AS BUILT PORCH AND DECK.
VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land
and how it relates to the difficulty in meeting the code requirement(s):
FLAT.
Please submit 8 sets of photos,labeled to show different angles of yard areas after staling corners
for new construction,and photos of building area to be altered with yard view.
4/2012
QUESTIONNAIRE
FOR FILING WITH YOUR ZBA APPLICATION
J
A. Is the subject premises listed on the real estate market for sale?
Yes x No
B. Are there any proposals to change or alter land contours?
x No Yes please explain on attached sheet.
C. 1.)Are there areas that contain sand or wetland grasses? YES
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? NO
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: APPROVED and if issued,please attach
copies of permit with conditions and approved survey.
D. Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level? NO
E. Are there any patios, concrete 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? YES If yes,please submit a copy of your building permit and survey as approved
by the Building Department and please
describe:YES-THIS APPLICATION IS TO LEGALIZE WORK DONE UNDER BUILDING PERMIT#44748.
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? YES If
yes,please label the proximity of your lands on your survey. SEE SURVEY. NOTE:ADJACENT PROPPRERY
OWNED BY 7 FAMILY MEMBERS.
I. Please list present use or operations conducted at this parcel
SEASONAL DWELLING and the proposed use SAME WITH DECK
. (ex: existing single family,proposed: same
with garage,pool or other)
Z-71/ 05.01.23
Authorize ignature and Date
}
Board of Zoning Appeals Annlication
AUTHORIZATION
(Where the Applicant is not the Owner)
Nde'oyE residing at Md PW X Ali--0591-
(Print property owner's name) (Mailing Address)
14Aff,G i L A /I�, do hereby authorize 2/19 / j/4ya� ou
(Agent)
to apply for variance(s) on my behalf from the
Southold Zoning Board of Appeals.
f'
(Owner's Signature)
(Print Owner's Name)
i
APPLICANT/OWNER
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics prohibits conflicts of interest on the Part of town officers and employees The purpose of this
form is to provide information which can alert the town of nossible conflicts of interest and allow it to take whaten er action is
necessary to avoid same.
YOURNAME: MICHAEL GIACONE
(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 AS BUILT 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
U)the actual applicant
DESCRIPTION OF RELATIONSHIP
Submitted this d f ,.20
Signatur
Print Name
APPLICANT/OWNER
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this
form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is
necessary to avoid same.
YOURNAME: ZACKERY E. NICHOLSON, RA
(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 AS BUILT VARIANCE Trustee Permit
Change of Zone Coastal Erosion
Approval of Plat Mooring
Other(activity) Planning
Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or
employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"
means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or
employment by)a corporation in which the town officer or employee owns more than 5%of the shares.
YES NO 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 ,20
Signature
Print Name ZACKERY E. NICHOLSON, RA
j
LD I N ;G
PEF11%11T .
ISSUED TO C3 I -O 'DATE .����Q
ADDRESS 011) %PaVt Ave, r,4,
This notice must be displayed during construction
and returned to Building Dept. to get a certificate of
occupancy upon completion of work.
BUILDING INSPECTOR'S aFFICE, TOWN OF 50UTHOLD
SOUTHOLD, N.Y.
r og... a2oli
FORK N06 s
TOWN OF SOUTHOLD
BUII.DING DEPARTMENT
Town Qerk'e Office
Southold, N. Y.
Certificate Of Occupancy
No.Z66j3r . . . . . . Date . . . . . . . . . . . . Aug. . ._+. . . . . . ., 19.?.5.
THIS CERTTF'IES that the building located at , R«0*W* Park. A®a. . . . . . . . Street
Map No. . . mm. . . . . . Block No. .xxx . . . . .Lot No. . .x= . . .matt z tuck.N..Y.. . . . . . .
conform substantially to the Application for Building Permit heretofore filed in this office
dated . . . . . . . . . .dvt D. . .27. . ., 19.75 pursuant to which Building Permit No. . .0014
dated . . . . . . . . . . .July. .a . . ., 19. 75, was issued, and conforms to all of the require.
ments of the applicable provisions of the law. The occupancy for which this certificate is
issuedis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The certificate is issued to . .P %qr. A40—PA. . . . . . .9v ?ax . . . . . . . . . . . . . . . . . . . . . .. . . .
(owner, lessee or tenant)
of the aforesaid building.
Suffolk County Department of Health Approval .•. •. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
UNDERWRITERS CERTIFICATE No. .N•K• .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
HOUSE NUMBER . . .27.0. . . . . . . . Street . . .p4rk .Ave. . .. .. . . . . . . . . . . . .. . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .. .. . . . . • . . . . . . . . . . . .. . . . . . . . . .. . . .. . . . . . . . . . . . . . . .
ii r l j�
. Buddutg �r . .
617.20
Appendix B
Short Environmental Assessment Forrn
TustrtiGttions_farr CwTipietin�
Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses
become part of the application for approval or funding,are subject to public review,and may be subject to further verification.
Complete Part l based on information currently available. if additional research or investigation would be needed to fully
respond to any item,please answer as thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful
to the lead agency;attach additional pages as necessary to supplement any item.
Part 1 -Project and Sponsor Information
Name of Action or Project:
Project Location(describe,and attach a location map):
270 Park Ave Ext - Mattituck, NY 11952 SCTN: 1000-123-8-27
Brief Description of Proposed Action;
Certificate of Compliance for an as built deck. Approval for Front Porch replaced under
Building Permit#44748.
Name of Applicant or Sponsor: Telephone: 631.513.6589
Zackery E. Nicholson - AIA -E-Mail: ZENicholson.Arch@gmail.com
Address;
1250 Evergreen Drive
City/PO: - , - - State:- Zip Code:
Cutchogue New York 11935
1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that El
may be affected in the municipality and proceed to Part 2. if no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES
If Yes,list agency(s)name and permit or approval:
LA
Variance for as built conditions
3.a.Total acreage of the-site of the proposed-action? .257- acres
b.Total acreage to be physically disturbed? .007 acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? .257 acres
4. Check all land uses that occur on,adjoining and near the proposed action.
❑Urban ❑Rural(non-agriculture) [:]Industrial ❑Commercial IN Residential(suburban)
❑Forest ❑Agriculture ❑Aquatic (]Other(specify): -
OParkland
Page.I of 4 ..._
5. Is the proposed action, NO YES N/A
a. A permitted use under the zoning regulations? ❑ El
b.Consistent with the adopted comprehensive plan? ❑ � ❑J
6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES
landscape? ❑
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify:
- ao
S. a.Will the proposed action result in a substantial increase in traffic above present levels? NO I YES
-D ❑
b.Are public transportation service(s)available at or near the site of the proposed action? n
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 0 ❑
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:
N/A Fv_1 ❑
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: N/A ® ❑
I I i Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment: N/A o ❑
12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places? 191 ❑
b.Is the proposed action located in an archeological sensitive area? ❑
X
13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal,state or local agency? ❑. a'
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? � ❑
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
®Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional
® Wetland ❑Urban ❑Suburban
15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES
by the State or Federal government as threatened or endangered? � ❑
16.Is the project site located in the]00 year flood plain? N_O. YES
X
17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes,
a.Will storm water discharges flow to adjacent properties? ®NO YES a El
b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)?
If Yes,briefly describe: NNO AYES
Page 2 of 4
18.Does the proposed action include construction or other activities that result in the impoundment of NO YES
water or other liquids(e.g.retention pond,waste lagoon,dam)?
If Yes,explain purpose and size:
IAI
19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES
solid waste management facility?
If Yes,describe: JAI
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: 'F]
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponsor name: Zackery E. Nicholson - AIA Date: 05.01.23
Signature:-
Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the.following
questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or
otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my
responses been reasonable considering the scale and context of the proposed action?"
No,or Moderate
small to large
impact impact
may may
occur occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning a
regulations?
2. Will the proposed action result in a change in the use or intensity of use of land?
3. Will the proposed action impair the character or quality of the existing community? (�
4. Will the proposed action have an impact on the environmental characteristics that caused the El ❑
establishment of a Critical Environmental Area(CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit,biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate (—j
reasonably available.energy conservation or renewable energy opportunities? U LJ
7. Will the proposed action impact existing: �(
a.public/private water supplies? L—t
b.public/private wastewater treatment utilities?
8. Will the proposed action impair the character or quality of important historic,archaeological, �' Q
architectural or aesthetic resources? 1-1
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
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
2. Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its siggificant
beneficial and adverse effects upog the coastal area(which includes'all of Southold Town)
3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will
affect the achievement of the LWRP policy standards and conditions contained in the consistency
review law. 'Thus, each answer must be.explained in Jetaillisting Both supporting and non-
supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and
conditions,it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's
website(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all
local libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTNW 1000 - 8 - 123 - 27
PROJECT NAME Giacone Residence
The Application has been submitted to(check appropriate response):
Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees Q.
1. Category of Town of Southold agency action(check appropriate response).-
(a) Action undertaken directly by Town agency(e.g. capital ❑
construction,planning activity,agency regulation,land transaction) ❑
(b) Financial assistance(e.g.grant,loan,subsidy)
(c) Permit,approval, license,certification: L^J
Nature and extent of action:
Acquire a Certificate of Compliance an existing Rear yard deck that was constructed prior to work completed under builder
permit#44748. CoC required inorder to aquire a CO for the house and close out Building Permit#44748.
Under Building Permit#44748 The main porch &stairway were replaced in the same location.The new porch was
expanded to the side to provide a safer entry into the home. The new porch and'stair did not change the setback distance
for the front yard.
e w
Location of action: 270 Park Ave Ext
Site acreage: .257
Present land use: Seasonal Residential Dwelling
Present zoning classification:_ R-40
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: Zackery E. Nicholson - AIA
(b) Mailing address: 1250 Evergreen Drive - Cutchogue, NY 11935
(c) Telephone number:Area Code( ) //631.513.6589
(d) Application number,if any: 1 A
Will the action be directly undertaken,require funding, or approval by a state or federal agency?
Yes 0 No 0 If yes,which state or federal,agency?
C. Evaluate the project to the following policies by analyzing how the project will further support or
not support the policies. Provide all proposed Best Management Practices that will further each policy.
Incomplete answers will require that the form be returned for completion.
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation
criteria.
X�Yes 0 No Not Applicable
Project uses material that maintain the existing community character and does not change any open
space. The existing infrastructure is continued to be used resulting in an efficient use. The existing use
of the coastal location is unchanged and there is no additional development on the site. There or t ere
is no adverse impact.-
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
L{W—R�P Section III—Policies Pages 3 through 6 for evaluation criteria
LJ Yes 1:1. No 0 Not Applicable
This site is not in.a historical district, nor is there any archaeological resources located on the site.
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
X❑ Yes ❑ No ❑ Not Applicable
This proiect maintains the visual quality of the neighborhood through the use of similar materials for
the deck and porch and maintaining the primary residential structure as it currentexists.
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section III—Policies Pages 8 through 16 for evaluation criteria
Yes ❑ No ❑ Not Applicable
This project improves the resiliency-of the front porch from potential flooding. The project does
not impact the property conditions there for does not affect the aspects for erosion._The project
does not involve any work within the wetlands or the tidal zone therefore preserving the natural
resources of the-site.
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
—Policies Pages 16 through 21 for evaluation criteria
El Yes ❑ No ❑Not Applicable
The.project does not affect the water quality of the Town of Southold. Nor does it affect the water
supply.
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages.22
through 32 for evaluation criteria.
❑. __.[� ❑X. Not Applicable - -
Yes No Not Applicable
This project does not affect any coastal and wildlife habitats. The project does not have any affects
on the existing.wetlands of the site.
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies
Pages 32 through 34 for evaluation criteria.
Yes Q No Q Not Applicable
The project does not involve or impact the air quality of the site.
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria.
Yes Q No ] Not Applicable
The project does not involve solid or hazardous waste.
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.
Yeq[] No 0 Not Applicable
The project does not involve any public access to coastal waters, public lands_ and public
resources.
Attach additional"sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See LWRP Section III Policies; Pages 47 through 56 for evaluation criteria.
❑ Yes ❑ No ❑X Not Applicable
The project-does not-involve-any water dependent uses.
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.
U.Yes Cl No❑ Not Applicable
This project maintains the sustainable use of marine and town waters by minimizing the
construction work.-The deteriorating rear deck is being replaced in kind with minimal expansion.
The front porch was replaced to provide safe access to the house. All this work will hot-affect
existing marine resources.
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages
62 through 65 for evaluation criteria.
❑ Yes Q No Fx] Not Applicable
This project does not affect agricultural lands
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 EK Not Applicable
This project does not affect energy or mineral resources.
PREPARED BY Zackery E. Nicholson - AIA TITLE Agent DATE 05.01.23
p' Glenn Goldsmith, President O�`�OF SDU�yOI Town Hall Annex
Vv 54375 Route 25
A.Nicholas Krupski,Vice President h O P.O. Box 1179
Eric Sepenoski Southold,New York 11971
Liz Gillooly =r
G • Q Telephone(631) 765-1892
Elizabeth Peeples �`O a Fax(631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
CERTIFICATE OF COMPLIANCE
# 1999C Date: January 18, 2023
THIS CERTIFIES that the existing 15'_l 1"x7'6"deck with 3' wide stairs and 3'11"x9'4"front porch
with 5' wide stairs;
At 270 Park Avenue Extension,Mattituck;
Suffolk County Tax Map#1000-123-8-27
Conforms to the application for a Trustees Permit heretofore filed in this
office Dated January 3,2023 pursuant to which Trustees Administrative Permit# 10290A
Dated January 18, 2023,was issued and conforms to all
the requirements and conditions of the applicable provisions of law. The project for which
this certificate is being issued is for existing 15'11"x7'6"deck with 3' wide stairs and 3'11"x9'4"front
porch with 5' wide stairs.
The certificate is issued to Michael Giacone owner of the aforesaid property.
Authorized Signature
Glenn Goldsmith,President o��®F S0(/�y®l Town Hall Annex
A. Nicholas Krupski,Vice President a O 54375 Route 25
P.O. Box 1179
Eric Sepenoski _ Southold,New York 11971
Liz Gillooly N
G • @ Telephone(631) 765-1892
Elizabeth Peeples �O a Fax(631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Permit No.: 10290A
Date of Receipt of Application: January 3, 2023
Applicant: Michael Giacone
SCTM#: 1000-123-8-27
Project Location: 270 Park Avenue Extension, Mattituck
Date of Resolution/Issuance: January 18, 2023
Date of Expiration: January 18, 2025
Reviewed by: Glenn Goldsmith, President
Project Description: For the as-built 15'11"x7'6" deck with 3' wide stairs and
3'11"x9'4" front porch with 5' wide stairs.
Findings: The project meets all the requirements for issuance of an
Administrative Permit set forth in Chapter 275 of the Southold Town Code. The
issuance of an Administrative Permit allows for the operations as indicated on the
site plan prepared by Zackery E. Nicholson, RA, dated December 4, 2022, and
stamped approved on January 18, 2023.
Special Conditions: None.
Inspections: Final Inspection.
If the proposed activities do not meet the requirements for issuance of an
Administrative Permit set forth in Chapter 275 of the Southold Town Code, a
Wetland Permit will be required.
This is not a determination from any other agency.
Glenn Goldsmith, President
Board of Trustees
Joao - 41-3- 19)1,- ,a7 TOWN OF SOUTHOLD --PROPERTY RECORD CARD
r19WNER. - STREET VILLAGE DISTRICT S-U-B-;-- LOT
�A 71 4,,cl'7 7- �"A / 'I,
FORMER OWNER J, (�t.t%oy N E ACREAGE
S W TYPE OF BUILDING
41
RES.:? SEAS. VL. FARM comm. I IND. I CB. misc. Est. Mkt. Value
LAND IMP. TOTAL DATE REMARKS
112
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Form Acre Value Per Acre Value FRONTAGE ON ROAD
Tillable 1 BULKHEAD
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Garage I Driveway Dormer
t
ZEN DESIGN
jo 1250 EVERGREEN DRIVE
• .ei CUTCHOGUE,NY 11935
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. 1 ` R i �. /�. ♦' protection as an•arcblteMmil work•under Sec.102 of the
s 1• ! 1 `,' j }_ r Copyrlgbt Act v us o as amended December]9so and knows
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DESIGN C.monetary
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N • NO. ISSUE DATE
�+ �+ A • 1 OS TRUSTEES APPLICATION 04.14.22
�. ` ) 02 DEC APPLICATION 05.29.22
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1250 EVERGREEN DRIVE
k•ender sec.dD2 of the
CUTCHOGUE,NY 11935
PHONE:63L513.6589
RIGHT OF WAY
These Wane re cdprrlg,lee aa"are aaeiect to mprrignt
Protealon as en•arcnimctarel wor
Copyright Act.17 U.S.O. amandM December]990 one known
as Architectural Worlis Copyright Protection Act of im.The
protMion includes but Is not limited to the overall tone as well
as the arrangementm and composition of am=and elements of
design.under such protection,unauthorized use of these Plan,
work or name represented,can legally result in the cessation of
ciinstrui,titn or buildings being seized and/or monetary
a DESIGN cnwraiallon to ZEN L-C.
NO. ISSUE DATE
I
01 TRUSTEES APPLICATION 04.14.22
02 DEC APPLICATION 05.29.22
03 TRUSTEES APPLICATION#2 12.04.22
T = 04 VARIANCE APPLICATION 05.01-23
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SITE PHOTOS 1
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PHOTO LOCATION KEY
DEEP HOLE
(GARDINER'S CREEK)
ZEN DESIGN
1250 EVERGREEN DRIVE
CUTCHOGUE,NY 11935
PHONE:63L 513.6589
RIGHT OF WAY
These plans are copyrighted and are subject to copyright
Protection as an'archltectural work'under Sec.102 of the
Copyright Act,17 U-S.0.as amended December 1990 and known
as Archdectural Wort Copyright Protection Act of 1990.The
protection includes but is not limited to the overall norm as wen
as the arrangement and composition of spaces and elements of
design.Under such protection,unauthorized use of these plans,
work er home represented.can legally result in the cessation of
t construction or buildings being saind and/or monetary
t compensation to ZEN DESIGN LLC.
I2 N0. ISSUE DATE
i
01 TRUSTEES APPLICATION 04.14.22
02 DEC APPLICATION 05.29.22
03 TRUSTEES APPLICATION#2 12.04.22
04 VARIANCE APPLICATION 05.01.23
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SURVEY Of LOT 3 N
A5 5HOWN ON A CERTAIN 5UBDIV1510N MAP ENTITLED'MAP OF MARRATOOKA POINT"
FILED IN THE OFFICE OF THE CLERK OF 5UFFOLK COUNTY MARCH 19, 1972 A5 MAP NO.331
SITUATE: IViATTITUCK DEEP HOLE �
TOWN : 5OUTHOLD ARD1NER'S� c�EEK
5UFFOLK COUNTY, NY FLOAT s
FLOAT
5URVEYED 08-OG-2018
5UFFOLK COUNTY TAX #
1000 - 123 - 8 - 27
CERTIFIED TO:
Michael J. Glacone
Nicholas A. Giacone
Fidelity National Title Insurance Services. LLC -BoG—
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copies'
_ Torti6eotions Indicated hereon signify that this
1 Wing Cod o�Pi0 ice tof %donce Fwrwtn tohiabpled
by the New York Stole Association of Professional t
..1�� Lond Surveyors. Sold certifications shod run only
Ali 502 2 J� and on the behalf to«thehom title the sur"y Is company.gowrmmm
-?SL� �ar1 lot agency and tending Institution listed hereon.and
to the assignees of the fending institution. Certlftea-
lions we not transferable to additional institutions
NOTES:
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WTHOUT MITTEN PERMISSION OF THE 0 Ze400 A 1>d
DISTRICT NO 1000
REAL PROPERTY TAX SERVICE AGENCY. P PROPERTY MAP
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1250 EVERGREEN DRIVE
CUTCHOGUE, NY 11935
4
PHONE: 631.513.6589
A-1
NOTES: .----------------------------------------------------------------------------
• ALL FRAMING IS PRESSURE TREATED. r i
15'-11"
• R",,ETAL JOIST HANGERS M STRAPPING 4 -- - ----- i �
AT EACH JOIST GOP:"aECTiOPI. These plans are copyrighted and are subject to copyright
�r r I protection as an"architectural work"under Sec.102 of the
STRINGERS Copyright Act,17 U.S.O.as amended December 1990 and known
SUPPORT JOISTS WITH ; -1 as Architectural Works Copyright Protection Act of 1990.The
2X6 RII,'JOIST ABOVE ; - - - -- -- - EXISTING DECK STEPS protection includes but is not limited to the overall form as well
_----2x6 RII`,7 JO'.ST
as the arrangement and composition of spaces and elements of
1 i � •
design.Under such protection,unauthorized use of these plans,
WOOD or home represented,can legally result in the cessation of
4x4 irti OOD POSTS
construction or buildings being seized and/or monetary
' compensation to ZEN DESIGN LLC.
2x6 SUPPORT JOISTS
REAR DECK ;
BLOCK BRIDGING BETWEEN JOISTS N0. ISSUE DATE
-- - -
2x(i WOOD JOISTS 16"O.C. i -- - - - - --1-- - --i- - LINE 0�EXISTING D�CI4
7'-6"x 15'-11" 01 TRUSTEES APPLICATION 04.14.22
� —2x6 LEDGER ;
02 DEC APPLICATION 05.29.22
— HOUSE AovE ON'6x6%1r000 POSTS { 03 TRUSTEES APPLICATION #2 12.04.22
--------------------------------------------------------------- ---------'
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12.04.22
DRAWN BY: Z.E.N.
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EXISTING-EUILT U",DER 6UILDIN'G
/ PERr,!1T t!44748
ZEN DESIGN
1250 EVERGREEN DRIVE
CUTCHOGUE, NY 11935
PHONE: 631.513.6589
These plans are copyrighted and are subject to copyright
protection as an"architectural work'under Sec.102 of the
Copyright Act,17 U.S.O.as amended December 1990 and known
as Architectural Works Copyright Protection Act of 1990.The
protection includes but Is not limited to the overall form as well
as the arrangement and composition of spaces and elements of
LO I design.Under such protection,unauthorized use of these plans,
+1 +1 N work or home represented,can legally result In the cessation of
construction or buildings being seized and/or monetary
compensation to ZEN DESIGN LLC.
NO. ISSUE DATE
C`;ORTH ELEeoAT€0i'l SCA!""EST EI_Et!ATlt3N 01 TRUSTEES APPLICATION 04.14.22
1 SCALE-1,4"•1'.�" 02 DEC APPLICATION 05.29.22
03 TRUSTEES APPLICATION #2 12.04.22
EXISTING DECK
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270 PARK AVE EXT
MATTITUCK, NY 11952
SCTM# 1000-123-8-27
SCALE: 1/411 = 1'-0"
DATE: 12.04.22
DRAWN BY: Z.E.N.
DECK( AND PORCH
ELEVATIONS &
SECTION DETAILS
0,
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.RLO
LO
1250 EVERGREEN DRIVE
Fii
CUTCHOGUE, NY 11935
(�7) C� M 13 PHONE: 631.513.6589
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X-4 r--. 0 These plans are copyrighted and are subject to copyright
` w ` ® V protection as an"architectural work"under Sec.102 of the
�-~` w�. ^ CM
Copyright Act,17 U.S.O.as amended December 1990 and known
—., _ as Architectural Works Copyright Protection Act of 1990.The
Air —J
protection Includes but Is not limited to the overall form as well
UJ Tq as the arrangement and composition of spaces and elements of U ® II 0 design.Under such protection,unauthorized use of these plans,
LU work or home represented,can legally result In the cessation of
�. � �.. ,��;� �: ,,��;� ' �; . -� " + � � construction or buildings being seized and/or monetary
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DRAWN BY: Z.E.N.
SITE PLAN
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