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HomeMy WebLinkAboutOLD FILE #8011 Smith, Thomas - Old File RECEIVED TOWN OF SOUTHOLD MAR 0 4 2025 BUILDING DEPARTMENT SOUTHOLD,N.Y. ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: February 24, 2025 AMENDED: March 4,2025 TO: Thomas Smith 3121 Oaklawn Avenue Southold,NY 11971 Please take notice that your application dated February 3, 2024 in conjunction with BP# 51210: For permit: to legalize an"as built'demolition (as per Town Code definition)and reconstruction of an existing sinide-family dwelling complying with FEMA regulation at: Location of property: 3121 Oaklawn Avenue. Southold,NY County Tax Map No. 1000— Section 70 Block 6 Lot 10 Is returned herewith and disapproved on the following grounds: The "as built"construction, on this nonconforming 6.953.31 sq. ft. lot in the R-40 District, is not permitted pursuant to Article XXIII Section 280-124, which states lots measuring less than 20,000 square feet in total size require a rear Yard setback of 35 feet and maximum lot coverage of 20%. The single-family dwelling has a rear yard setback of 11.8 ices and lot coverage at 21.9%. This Notice of Disapproval has been amended to reflect the revised lot coverage calculation shown on the site plan received 314125. '1 �i 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. RECEIVED ual ( TOWN OF SOUTHOLD p4t& 0S 2025 BUILDING DEPARTMENT SOUTHOLD,N.Y. ZONING 130ARD OF APPEALS NOTICE OF DISAPPROVAL DATE: February 24, 2025 TO: Thomas Smith 3121 Oaklawn Avenue Southold,NY 11971 Please take notice that your application dated February 3, 2024 in conjunction with BP# 51210: For permit: to legalize an "as built"demolition as per Town Code definition and reconstruction of an existing single-family dwelling complying with FEMA regulations at: Location of property: 3121 Oaklawn Avenue Southold NY County Tax Map No. 1000— Section 70 Block 6 Lot 10 Is returned herewith and disapproved on the following grounds: The "as built" construction on this nonconformin 6.953.31 s . ft. lot in the R-40 District is not permitted pursuant to Article XXIII Section 280-124 which states lots measurina less than 20,000 square feet in total size require a rear yard setback of 35 feet and maximum lot coverage of 20%. The single-family dwelling has a rear yard setback of 11.8.feet and lot covers e at 23.4%. �y --� - Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. r CC: file, Z.B.A. IRECEMM APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEAL ► R 0 3 2025 AREA VARIANCE jl House No.J/ � Street LLk�Q,444Y Hamlet 513 211 � N F APPEALS SCTM 1000 Section: 7L� Block: �o Lot(s) /O Lot Size: _05, � one e� / I(WE)APPE L THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED r; �BASED ON SURVEY/SITE PLAN DATED ,J Owner(s): Mailing Address- 131,21 AA 6 VAa/� N f L Telephone:�/-7-92-2-`iy,70 Fax: IJ A Email:_amA S—C j-X LQ Tre_L1,,q 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: 0 1 f _for( ) Owner( ) Other: Address: Telephone: Fax: Email:_ Ple a check to specify who you wish correspondence to be nnailed rrr,from the above names: XApplicant/Owner(s), ( )Authorized Represcntati►e, ( ) Other Name/Address below: WHEREBY HE BUILDING INSPECTOR REVIEWED SURVEY/SITE LAN DATED �71 J S and DENIED AN APPLICATION DATED I S FOR: Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) l a y Article: %'XI i 1 Section: g� Subsection: Type of Ap, real. An Appeal is made for: (Vf 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 ( ) Request for Reversal or Overturn the Zoning Officer's Denial Other A prior appeal( ) has, (%( 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) RECEIVED Page 2, Area Variance Application ," 0I Revised 6/2023 MAR U 3 2025 REASONS FOR APPEAL /"���CL a (Please be specific,additional sheets►►► preparer's signature notarized)ZONING BOARD OF APPEALS 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: 5e� a44-6LckmeeA+ 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: 'S� C'k M e"'A 3. The amount of relief requested is not substantial because: Set a-44ar-k(r PST 4. The variance will NOT have an adverse effector impact on the }hysical or environmental conditions in the neighborhood or district because: QGi +VYi�^ 5. Has g y the alleged difficult been self created? ( } Yes,or { No Why: :S,-u• Are there any Covenants or Restrictions concerning this land? WNo { } 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. By signing this document,the PROPERTY OWNER understands that pursuant to Chapter 280- 146(B)of the Code of the Town of Southold,any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been riled with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board may, upon written request prior to the date of expiration,grant an extension not to exceed three(3) consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN. .�dYf2� Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this Qday CONNIE D.BUNCH Notary Public,State of New York of e-6bIr 20 No.01BU6185050 Qualified in Suffolk County Commission Expires April 14, Notary Public RECEPM Page 2, Area Variance Application - REASON_FOR APPEAL �Otl MAR 0 3 2025 1-An undesirable change will not be produced in the character of the nei�&WFJHW OF APPEALS detriment to nearby properties if granted,because: -1 have owned the subject property for nearly 20 years. The house must be close to 50 years old, so a complete renovation is desperately needed. We considered expanding the footprint of the house or adding a second story, but we ultimately decided not to either. This decision was made in part because doing so would not fit the character of the neighborhood. We ultimately decided to maintain the same exact footprint, not add to square footage, not add a second story and not add any bedrooms or bathrooms to the main house.The new house will look very similar to the house that was there previously(please see submitted photos). My wife and I feel strongly that the work we plan will fit the character of the neighborhood. We also want it to compliment and add to the character of the neighborhood. 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: -We are not changing the size of the house, shape of the house, height of the house, or the lot coverage associated with the existing main house.We also are not adding a second story or adding to the#of bedrooms or bathrooms in the main house. We are simply improving every aspect of the house that exists there today. Nearly every aspect of the house will be new. We will do everything within our power to make it add to the character of the neighborhood. It should be noted that our original plan,for which we had all necessary approvals(Trustee, DEC and Building Department), was to do a very major renovation that fell below the"50 percent rule". When the demolition process started, and walls and the roof were opened it quickly became obvious that work beyond 50%would be needed. I've enclosed a few pictures that show what we discovered. 3-The amount of relief requested is not substantial because: -Once again,we are not changing anything with respect to the main house that will have any bearing on our neighbors. We are simply improving what is there ... new walls,floors,siding, roof, windows, doors, stoops,gutters, chimneys etc. The interior will be new as well including bathrooms and kitchen. I have enclosed a picture of the house prior to the renovation and a picture of the planned house. 4-The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: -No change is planned to the yard or environment surrounding our house. We will maintain the same number of stoops. We will also maintain the same amount of walk-way area and patio area. We do not have or plan to have a sprinkler system and we do not use fertilizer.The amount of non- turf buffer is noted on the survey. No additional turf will be added. A new storm damage pool will be added per the site plan. House will also be lifted per FEMA so the finished floor is at 8 feet. 5-Has the alleged difficulty been self-created. No. The setbacks and lot coverage for the"demo and rebuild"are the same as the existing house that we bought nearly 20 years ago. Nothing is changing. There are existing CO's in place that take into account these setbacks and lot coverage. It is important to highlight that our tiny 1200 square foot house sits on an incredibly small.16-acre parcel. As small as the house is it simply cannot satisfy all setback and lot coverage rules.This is a pre-existing condition. RECEIVED 12(01' MAR 0 3 2025 ZONING BOARD OF APPEALS RECEIVED WO Zoning Board of Appeals MAR 0 3 2025 APPLICANT'S PROJECT DESCRIPTION r� QNIµ�B �D OF APPEALS APPLICANT: OI'Yl CLsI Girl d �er�n i . ivtrt� SCTM No. `©©0 to "�qy 1. For Demolition of Existing Building Areas Please describe areas by I {{ein`g removed: 5utm r}el )&.,z S' a, rn o i f r e- ti nv6e— o,l1s a a 4' 0fI 0- n T „5/z e- f r uYit �/a.P 13p�iraoY�+ Y �r��r, II.New Construction Areas (New Dwelling or I ew Additions/Extensions): Dimensions of first floor extension: 33'a x ► Dimensions of new second floor: R Dimensions of floor above second level: "1 A Height(from existing natural grade): K ara-c A, Is basement or lowest floor area being constructed? If es, please provide height( b v ground) easured from natural existing grade to first floor: Pvr-lk?1fr � �,o�� s �s � �z ` , o`L cI �_o v7 ��, ►,�`ll-e'/ a*d. i�7-,U,;,? wir11 : (( 1 DLa"i G( ` 1 ✓i,J�a� w� G7 T. sr�A� w► 5r� nn f's�+ rR ll J rc--Vl 4ThY rf wl GL,'1 C BVR,-i-P� S/�f� W� �aar III.Proposed Construction Description (Alterations or Structural Changes) JA ���i�1 dell e� (Attach extra sheet if necessary). Please describe building areas: of N mber of Floors and General Char cteristics BEFORE Alter lions: ��?�3 a tt .5r rrcff -+��► 6 1 n-f � a 4-MoAfT F aZA Number of Floors and Chan es WITH Alterations: S 0 s"'I lag,- r �;[ �aw►Z Gam, Cwrd n lam✓ 1 a d IV.Calculations of building areas and lot coverage,sky plane(From Surveyor,Design Professional): Existing square footage of buildings on your property: �20 Proposed increase of building coverage: , Square footage of your lot: 5 tL Ci'e S' Percentage of coverage of your lot by building area(lot coverage) Gross Floor Area(GFAJ of single family dwelling including the attached garage and/or habitable detached accessory structure: (Please refer to Chapter 280, Section 280-207 of the Town Code): /a?03 For Residential lots, is project within the allowable Sky Plane?lane? (Please refer to Chapter 280, Section 280-208 of the Town Code): Y-e S V. P rpose of New Construction: .O R�� !✓! /��✓ri� �'����"1 J 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 equire ent(s): Describe on separate p ge if nee de / nu, J' no Ze.rr n w l�r � 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. Revised 6/2023 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises currently listed on the real estate market for sale? Yes / No MAR 0 3 2025 B. Are there any proposals to change or alter land contours? ZONING BOARD OF APPEALS No Yes, please explain on separate sheet. / C. 1.) Are there areas that contain sand or wetland grasses? O ad CJ"4 2.) Are those areas shown on the survey submitted with this application? ti 3.) Is the property bulk heade be weenithe wetlands arga and the upland buildin area 4.)I you pr erty contains wetlands or pond areas, hav ou contacted the Offic f the BOARD OF TRUSTEES for its determination of jurisdiction? 1 es Please confirm status of your inquiry or ap h lion with the Board of Trustees: �utrke ova) vimis� Y �re� r . ov, reK74 �L"�J' 1 )2.11 be7qp` l If issued,please atta h copies } your permit lis n onditi ns of approval with a copy of the approved survey. d C'Jt of o� pr-V ECT Now )Yey "cl rna -k n� " D. Is there a depression or sloping elevation near the area of proposed c ns ction at or below five feet above mean sea level? pa O - ro ver �Q E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not hown on the survey that you are submitting? do - eJeeJ4+-,9 I s c�c`tj O''­kke 5u rvtj If any of the aforementioned items exist on your property, please show them on a site plan. 1I F. Are there any construction projects currently in process on your property? YeS'a.' J lio If yes, please submit a copy of your building permit and survey as approved by th�Building Department and please escribe scope of work: }3vr 1J++t � AA 4Z 'I P Cr,ow az era 5' 1 G. Please attach all pre-certi. icates of occupancy and certificates of occupancy for the subject premises. If none exist, please apply to the Building Department to obtain them or to obtain an Amended Notice of Disapproval. C,b}Ci,G" H. Do you or any co-owner also own other land adjoining or close to this parcel? 00 If yes, please label the proximity of your lands on your survey and identify the Suffolk County Tax Map No. A I. Please list pr sent use or operations conducted at your property, and/or the proposed use S,rt toi I .0r/l.i✓ (examp :existing singe family,proposed:same with garage,pool or other) ,2 a S Authorized signature Date FORK NO. 4 TOWN OF SOUTHOLD RECENED BUILDING DEPARTMENT Town Clerk's Office MAR 0 3 2025 Southold, N. Y. ZONING BOARD OF APPEALS Certificate Of Occupancy No. b88�. . . _ . . Date . . . . . . . . . . .Feb.. . .4. . . . . . . . .. 19.76 THIS CERTIFIES that the building located at h..p ,�,. EJ5. Oaklawn •bve . Street Map No. .=. . . . . . . . . Block No. . .X . . . . . .Lot No=x . . .SAutbold . .F-s:a. . . . . . . . . . conforms substantially to there i r 'e t f a 1 d ,e�. n eau 'r� code built e ogg occur-ancy dated . .b e f Q re. Apr. 23 . . . ., 19.57. pursuant to which f ate, No• Zf6880- dated . . . . . . . . . . k:eb.. . .�t. . . ., 1976. ., 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 .Pr1.ate. one. fan ily .dveUimg.with.ao.c.ess.ory. 9AZ49e.s. ,dQcA, .3. Pilings t some chain link fencing in rear yard, post & rail fencing on waterfr- , The certificate is issued to Abram •Berlinger •&•E3ane •O-'Sullivan• owner$.$ulkheading (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval pre-exist4mg• . . . . . . . . UNDERWRITERS CERTIFICATE No. . .pre-existi.ng. . . . . . . . . . . . . . . . . . . . . . . . . . . . HOUSE NUMBER . at45. . . . . . . . Street . . oaklawn .tsve. . . . . . . . . . . . . . . . . . . . . . . .. . . Building Inspector SQUry��o Town Hall Annex Telephone(631)765-1802 54375 Main Road P.O.Box 1179 � Southold,NY 1 1971-0959 0 1�c0UNTY BUILDING DEPARTMENT MAR 0 3 2025 TOWN OF SOUTHOLD STOP WORK ORDER ZONING BOARD OF APPEALS TO: Thomas & Jennifer Smith 3121 Oaklawn Avenue Southold, New York 11971 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 3121 Oaklawn Avenue, Southold, New York TAX MAP NUMBER: 1000-70.-6-10 Pursuant to Section § 144-8 A (1) of the Town of Southold Code, you are hereby notified to immediately suspend all work until this order has been rescinded. BASIS OF STOP WORK ORDER: Construction beyond the scope of Building Permit#51210 issued 9/23/2024. CONDITIONS UNDER WHICH WORK MAY BE RESUMED: When all changes have been approved by the Town Trustees and the Building Department. FAILURE TO REMEDY THE CONDITIONS AFORESAID AND TO COMPLY WITH THE APPLICABLE PROVISIONS OF LAW MAY CONSTITUTE AN OFFENSE PUNISHABLE BY FINE IMPRISONMENT OR BOTH. DATE: 2/7/2025 Q� ohOB ki enn lns ector IT SHALL BE UNLAWFUL TO REMO TH SI OUT WRITTEN CONSENT OF THE ISSUING AGENC RECENO r MAR 0 3 2025 ZONING BOARD OF APPEALS CO* L&J V ILJ0 D .�+ j � 11A� o oo 3: u P�� ° o z LL C003 G z r rn 3 �; 00 �9 c o r- 3 ><u o z 7 �d a W o to ..J U J . . o -- J7 � � o � � i' W IA o In CM W to SA cx� cl W ~ 0 z o 0 z C003 a "O � H Q adow RECEIVED MAR 0 3 2025 C 4 t/N IDNINQOARD OF APPEALS cn W U Q cz p C7) O �. -0 O ? �. a--J }; O C C V crm N CD •— C ui cn O O cn O cz *4 Q W W C _ a � m0 y Sio `a". RECEIVED MAR 0 3 2025 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORNkONING BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the Part of town officers and em ployees.The pur ose of this form is to provide information which can alert the town of ossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : �Y1n A t o aS (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 �/ _ Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling, parent,or child) have a relationship with any officer or employee of the Town of Southold?"Relationship" includes by blood, marriage,or business interest."Business interest" means a business,including a partnership, in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered "YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the 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 ay of ,20 g Si nature fin" Print Name —i—b 0ryta s Jm RECEIVED o( I 617.20 MAR 0 3 2025 Appendix B Short Environmental Assessment Form ZONING BOARD OF APPEALS Instructions for Com letin Part I -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to Further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Informat' n j�1 n rvtGtJ `l t'Yt .4 TP*n✓l t a &"4k Nan" of Action or Project: J_OA(�p Project Location(describe,and attach a location map): 31.21 oa_k-law�j Aty, N`l' -7 I Brief Descriptio of Proposed Action,,., �2 �`�•- L'`�LA/� l� -�+�7 irl s•'1'S � .�CjjCI� �1 J �o'� S�i''''f r��� �1:f��'T � G� ( •u M o C r F�LU1 6. � v Gt �l f 4 �+ +�7 5..�� 1 l � T 4L's V-p-r }1 c�FVxe`_ -I aG� palcl- O+\JO I M YI i^j Name of Applicant or Sponsor: I� Telephone: .�O Y�'fAS -�J C'n n I frV€ E-Mail• _ S w'i S r rp -civHl Address: 3J,71 City/PO: State: Zip Code: 5� � NY 119-7> 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 so/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: 3.a.Total acreage of the site of the proposed action? s acres `9 7 b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? * �� _acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial ulesidential(suburban) ❑Forest ❑ Agriculture ❑Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 RECEIVF g� ( I 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? ZONING BOARD OF APPEALS 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify. 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES V b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? V 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: / - V 10. Will the proposed action connect to an existing public/private water supply? NO 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: _ _ V/ 12. a.Does the site contain a structure that is I isted on either the State or National Register of Historic NO YES Places? / b.Is the proposed action located in an archeological sensitive area? \/ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? V b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? / If Yes,ide�}tify the wetland or wa rbody and extent of Iteratio��]]s in sg a feet r acres: v fit' ,kT,0V'J 7 C7 c' _ �Ik' Utrf IGe�n[ f t� rC !J �w g to Ir6 U Ilk hem 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 /`rrpk r,1- o -AJt ©R n��fJ 15.Does the site of the proposed action contain any species of animal,or associa ed habita s,listed NO YES by the State or Federal government as threatened or endangered? , / 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? M/NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and orm drains)? If Yes,briefly describe: / J / ❑NO and ��r�'I r.l O/ z1n c�ded Page 2 of 4 RECEIVED 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)? MAR 0 3 2025 If Yes,explain purpose and size: V ❑NtMG BOARD-GF-ARR€AL 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: ✓ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE f ff Applicant/sponsor name: �if'Yi(il�' �Yl 1 Date: Ir� Signature: (SYY2GQ Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my r responses been reasonable considering the scale and context of the proposed action?" No,or Moderate ' small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIVED Q-2 0 ( I MAR 0 3 2025 No,or Moderate small to large impact impact ZONING BOARD OF APPEA111ay may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an I environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEIVED 3®II Town of Southold MAR U 3 2025 LWRP CONSISTENCY ASSESSMENT FORM ZONING BOARD OF APPEALS A. INSTRUCTIONS I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if decessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. if an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's -website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all -local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 7 0 - - f 0 The Application has been submitted to(check appropriate response): Town Board E Planning Dept.t. VBuilding Dept. [EBoard of Trustees I. 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: E Nature and extent of action: o - reLid 0Z Cox n • I 03 vat e J 1a/ O N d�. Si �2 7zi t �L� �Ve ti W) 'L Keu v1 .r�u 6e_ ILl r l / �rra r RECEIVE® Location of action: Site acreage: N1N cv R-D—dr F APPEALS Present land use: 6 it . Acime— Present zoning classification: O 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: / !'loI'h. 'r 9-I L�PKc�� UN��r (b) Mailing address: ,oAL-/j (c) Telephone number: Area Code (d) Application number, if any: Will the action be directly undertaken, require funding,or approval by a state or federal agency? Yes ❑ No If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes ❑ No ❑ (Not Applicable- please explain) 1 n �tC yVVWC." r i G s't Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria lvl/Yes ❑ No ❑ (Not Applicable—please explain) o Ci e r�l G.�r � No l ac , iJ' rYr arGt, l` cteo /ram' say� CEIVED MAR 0 3 2025 col � Attach additional sheets if necessary ZONING BOARD OF APPEAL Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes 0 No D (Not Applicable—please explain) 6e 4 Ir v r1 au d -- 0VV? r t i re e S � V r f Attach additional sheets i cessaryJ 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 G Yes Ld No (Not Applicable—please explain) IV V ! ��! _ I'd rrJ� r►7 Attach additional sheets if necessary T Policy S. Protect and .improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria LI I Yes d No Ed (Not Applicable—please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes [A.No L1 (Not Applicable—please explain) — _rnl 0 ` V ME . Attach additional sheets if necessary ZONING BOARD OF APPEALS Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. Yes No (Not Applicable—please explain) /f1r1 GiC7 - 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. I?fyes ❑ No (Not Applicable—please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. Yes.-] No L2 (Not Applicable—please explain) AJ i fJ -- 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. 9yes ❑ No ❑ (Not Applicable—please explain) RECEIVED � 1Yt C C 8N115f; Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes ❑ No Not Applicable—please explain C — Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 622 through 65 for.evaluation criteria. �. '' Yes ❑ No 0 Not Applicable—please explain 7 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 ❑1 Not Applicable—please explain No It�QC r _ - - z z RECEIVEO z MAR ZONING BOARD OF APPEALS c r F 0 an o "Nc C > 0 > < L4 rn Ilk. 0 kn m va 0 L _F_T rN I Ft ch !�q � O m 0 m o 0 0 0 to ` it v ! o CDa RECEIVE 1 1 ❑ MAR 0 3 to 77 � c_ j O O --- - B'A RD 01 APPEALS W o o D ❑ - - — O O '*. CD to N O _ N I r � I � i 11 1 { NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION RECEIVED Division of Environmental Permits,Region 1 o j( SUNY @ Stony Brook,50 Circle Road,Stony Brook,NY 11790 MAR 0 P:(631)444-03651 F:(631)444-0360 3 2025 www.dec.ny,gov LETTER OF NO-JURISDICTION ZONING BOARD OF APPEALS September 12, 2024 Thomas and Jennifer Smith 3121 Oaklawn Avenue Southold, NY 11971 Re: Application ID 1-4738-05023/00001 3121 Oaklawn Avenue Southold SCTM # 1000-70-6-10 ARNO-DEP Dear Applicant: Based on the information you submitted, the New York State Department of Environmental Conservation (DEC) has made the following determination. The portion of the referenced property landward of the functional bulkhead more than 100 feet in length and originally constructed prior to August 20, 1977, as evidenced on the survey of the subject property by Roderick Van Tuyl, P.C. dated January 23, 1976, is beyond the jurisdiction of Article 25 Tidal Wetlands. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6 NYCRR Part 661), no permit is required for work occurring at the property landward (upland) of the jurisdictional boundary indicated above. Please be advised however, that no construction, sedimentation, discharge, or disturbance of any kind may take place seaward of the jurisdictional boundary without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within DEC's jurisdiction which may result from your project. Such precautions include maintaining an adequate work area (i.e., a 15' to 20' wide construction area), or erecting a temporary silt fence, barrier, or hay bale berm. This determination runs with the land. Please be advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from local municipalities or other agencies. Very ruly yours, Sherri L. Aicher Regional Permit Administrator SLA/mrp C: BMHP File fW YoRK Department of Ty OTKORitltlliY Environmental Conservation RE��VED MAR 0 3 2025 �( I i d 1INOM I $0. �Rp x ira�x' F ' c32r., I Qr F a n 4 ON ky zi Ix � IN 14) LA a :n r LLi0v t J 1,) _ .t'.': Tfi7 fib" _ �ti'#''�• �.a � AN -�- R3R�i��� '� f + •fit �V ot- IR_ rm I I 1 _ Y �Y 4 i So4L - 31 a i oa k/&ofj o4vc am men r� - -ml+ MCE M nor -� �on ��►as - oc. - •Za 2 q �011 } s, MAR 0 3 r; QLS wt - r 1 rye^aY.•`:1.:��� "��~F!R F.�. II �.�L1Y{-T••'-��'s��Af^�:��.�•♦'��V`� is, '=�.r�r-�''•t ,�'''�-•r v' J C.'f" J .�y.� � •rt�.p\.T`��' c�l'���=' :'+i � tc.. •ter _ ,+ � k ,.:i a Y�f.�i,�,i.- .,•j . 'f.;.i I, � i ..M .i.�^' �';_ .J:�-! ter!'? �� J-� err• ..� J; � � � i C�� •ri. 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