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Home My WebLink About6008 "01 I If I NeE N L-G-R-I-f-F-O--...._._-_._~.._---_._._-_._-.#3-22.9....-..Iil- 280 Basin Rd., Southold 5/17/84 ,<J./lCtrlf [A-construct accy. bldg. in area other than rearyard. . # /</~7- ~.sIJ/?" - 'Xi.......u......~_ I c;f~ ~t!c.u....,.. ~d.!i. C?"d.r-) ~ r ~ ~- ~....z;.<. . . ~ ~/?>~ ~ @..J. ~-f}IS8 / -#:- ~oo 9 Pkf- a/2.'fItJ7 hi fIoJAIC.. .~~ .c: , .ff( " ;\t.\.L . ' APPE;'L~ BOARD MEMBERS' James Dinizio, Jr., Chairman Gerard P. Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman . Mailing Address: Southold Town Hall 53095 Main Road. P.O. Box I] 79 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 hltp:/ /soulholdlown.norlhfork.nel ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 REalVED cr~ IO:~~ ~JU -42007 ' . . t2~;& So hold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2007 ZB File No. 6008 - John and Patrice Keitt Property Location: 280 Basin Road, Southold CTM 81-1-19 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this reviewfalls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's 30,026 square foot parcel is located in an R80 Low-Density Residential Zone District with 150,90 feet along Basin Road, is improved with a single family dwelling as shown on survey dated February 3, 2004, updated November 27, 2006, by Joseph A Ingegno, The property is also referred to as Lot 2 on the Map of Section One, Paradise Point (filed April 11 , 1963 in the Suffolk County Clerk's Office). BASIS OF APPLICATION: This application is based on the Building Inspector's January 11,2007 Notice of Disapproval concerning an application for a building permit for the as-builtshed, new porch construction after removal of a screen porch, and new addition to dwelling. Requested are Variances under Sections 280-15, 280-116B, and 280-124, The reasons stated in the disapproval are: (a) decking construction is shown with a zero setback from the bulkhead, (b) the as"built screened porch is less than 75 feet from the bulkhead; (c) the rear yard setback is proposed at less than 50 feet; (d) the as-built accessory shed does not meet the required 5 ft minimum setback under ZBA No, 3229, SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated February 13, 2007 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact TOWN CODE CHAPTER 95 (268) LWRP DETERMINATION: The applicants are proposing many new changes, compared to the premises and property detailed on the November 27,2006 survey of existing conditions, Recommendations were issued by the LWRP Coordinator and transmitted to the Zoning Board of Appeals in a letter dated March 26, 2007, pursuant to the procedures under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program, The setback from the bulkhead should be 75 feet Grant of alternative relief in this application as noted below, with conditions for proper drainage, will help to mitigate the i;'age? - May 10, 2007 . ZB File No. 6008 - John and Patrice , ill elM No. 81-1-19 . inconsistencies of this project noted in the LWRP report. The alternative relief, for the swimming pool and screen porch will be required to remain at the same square footage, without expansion. The water depth of the replacement swimming pool will be reduced to a maximum of four (4) feet. The decking will be replacement construction instead of enlargement and will remain at the same square footage, shown on the November 27,2006 survey prepared by Joseph A. Ingegno. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 29, 2007, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant has applied for variances for new replacement construction, alterations and additions, as more particularly shown on the site plan revised 1/29/2007, prepared by Samuels and Steelman, for the following areas: new replacement screen porch, new covered side porch, a larger deck with spa built-in, an enlarged swimming pool, and as-built storage shed. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants have applied for variances related to construction activities on the north side (adjacent to the bulkhead construction and Southold Bay), which includes replacement of the screen porch, an enlarged swimming pool, a larger deck, and as- built shed. The house is existing at 45'4" distant from the outer (lower) bulkhead, and the owners wish to replace and reconstruct existing waterside decking and related waterside structures in place and meeting building code requirements because the structures have deteriorated and remained in this condition for many years. There will be no undesirable change as a result of the improvements since most of the new construction will be replacement construction. 2. The benefit sought by the applicants cannot be achieved because of the existing setback of 39.7'from the bulkhead which far exceeds the Town Code setback of 75 feet. Setback relief is necessary to bring the existing structures into conformity with the building code. The as-built shed is 3.5 feet from the property line and does not meet the prior setback restriction. The shed will remain at 3.5 feet from the property line and shall continuously be screened from the neighboring property by a row of trees. 3. The relief is substantial for all of the variance requests, and results from the proximity of existing dwelling to the bulkhead, which bulkhead had to be replaced this year as it was failing. 4. The difficulty is not self-created as the premises was in need of repair when the applicants acquired it on January 5, 2000. 5. Grant of the alternative relief by variance is necessary for reconstruction and improvement planning purposes. , p,age~ - May 10, 2007 . ZB File No. 6008 - John and Patrice, ill CTM No. 81-1-19 . 6. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 7. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of reconstruction and improvement, 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 Oliva, seconded by Member Simon, and duly carried, to Deny the relief as applied for the swimming pool, and to Grant of Alternative Modified Relief for a sWimmina pool remainina at 16 feet by 32 feet with a around depth of not more the 4% feet: and Deny the relief as applied for a larger deck (proposed 26.5 feet), and to Grant of Alternative Relief with a deck remainina at its size of 16 feet by 20 feet (includina proposed spawithin the deck area): and Grant the relief reauested fOr reconstruction of the screened porch addition: it shall remain 13'9" by 18'6" in size. shown on the site plan dated 12/10/04 revised 1129107. and 10/15/04 prepared by Samuels & Steelman. Architects: and Grant the relief of the "as built" shed 3'5" from the side yard shown on the 2/3/04survey updated 11127/06 by Joseph Inaeano. Land Surveyor; and CONDITIONS: 1) All runoff on the property durina and after buildina construction shall comply with the Town Drainaae Code. and 2) All plantinas shall be done accordina to the recommendations aiven by the Soil and Water Conservation District. That these ZBA conditions be written into the record of 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 und~r this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uSes, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio (Chairm ), Oliva, Goehringer, Simon, and Weisman. This Resolution was duly adopted (5-0). I /2007 RECi'VED '. . cf L O-:-J~IO'''\''l. ames IZloJr" "\J'-"-'U.Y '~Q'i\'j,Approved for Filin ~_-}J207 SOU;~n~?:/;."'/ e . LEGAL NOTICE SOUTH OLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 29, 2007 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY. MARCH 29. 2007: 1 :25 P.M. JOHN and PATRICE KEITT #6008. Request for Variances under Sections 280-15, 280-116B, and 280-124, based on the Building Inspector's January 11, 2007 Notice of Disapproval concerning an application for a building permit for as-built shed, new porch construction after removal of a screen porch, and new addition to dwelling. The reasons stated in the disapproval are: (a) decking construction is shown with a zero setback from the bulkhead, (b) the as-built screened porch is less than 75 feet from the bulkhead; (c) the rear yard setback is proposed at less than 50 feet; (d) the as-built acceSsory Shed does not meet the required 5 ft. minimum setback under ZBA No. 3229. (Note: Variance relief is not requested for the trellis structure.) Location of Property: 280 aasin Road, Southold; CTM 81-1-19. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, ahd/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765.1809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: March 7, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southold, NY 11971-0959 .. .. #8276 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 15th day of March. 2007. 7T 1 ~d Y C~ce . J7iZ5<! Principal Clerk Sworn to before me this 2007 /6 day of -1;f}J~-- ~td-Wfvg{/ CHRISTINA VOLINSKI . . NEW YORK NOTARY PUBLIC-STATE OF . No 01_V06105050 _ . . I Ik couilly Qualified In Sui 0 2B 200B commission Expires February , ~ ---1' ~ I ~ I ~ ff:i (\--lu. . (B~~"\~' .f1[t<;) IN J:A LEGAL NOTICE SOUTHOLDTOWN ZONING BOARD OF APPEALS TIlURSDAY, MARCH 29, 2007 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN,pur- suant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearings will be held by the SOUTH- OLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.o. Box 1179, SOllthold, New York 11971-0959, on TIlURSDAY. MARCH 29,2007: 9:40 AM. LYNNE CARDACI #6012. Request for a Variance under Section 280-124, based on the Bt'filcling Inspector's January '9, 2007 Notice of l)isapproval concerning an application for a building permit for' a proposed addition to the existing dwelling at less than 40 feet from the front lot line, at SO Jernick Lane (at Oaklawll Avenue), Southold; CTM 70-3-16. 9:50 A.M. STEPHEN and CLARA WONG #6014. Request for a: Vari- ance under Section 280-15, based on the Building Inspector's January 25, 2007 Notice of Disapp~oval concern~ ing an application for a building permit to locate an accessory garage in a front yard rather than a rear yard. Location of Property: 1780 East Gillette Drive and (west) Gillette Drive, East Marion; CIM 38-3-23.1. 10:00 A.M. PAUL R. CADMUS #6016. Request for a Variance under Section 280-124, based on the Building Inspector's January 26, 2007 Notice of Disapproval concemingan application (or a building permit to build a covered porch addition at less than 40 feet from the front lot line, at 7005 Main Road, East Marion; CTM 31-}-3. 10:10 AM. LEE and MARIE BE- NINATI #6017. Request for Variances under Section 280-15 and 280-38C- 1, based on the Building Inspector's January 4, 2007 Notice of Disapproval, amended February 22, 2007 concerning an application for a building permit for an accessory garage with storage 10ft: (a) ina yard other than the required rear yard, (b) set back less than 25 feet from the property line, (c) height ex~ ceeding the code limitation af22 feet to the top of the ridge, and (d) dormer exceeding 40% of the roof width. Lo- cation of Property:, 3070 Peconic Lane and c,R. 48 (Middle Road or North Road), Peconic; CTM 74-3-15. 10:30 A.M. NANCY BORIS #6007. Request, for a Variance, under Section 280~124, based on the Building Inspec~ tor's October 24, 2006 Notice of Disap- proval concerning an' application for a building permit for an addition to the dwelling at less than 35 feet from the front yard lot line and with lot coverage exceeding the code limitation of 20%. Location: 335 Pierce Drive and private right-of-way, Cutchogue; CTM 136-1-8. W:40 A.M. THOMAS RYZUK #6009. Request for a Variance urider Section 280-124,based on the Building Inspector's January 19, 2007 Notice of Disapproval concerning a proposed new dwelling, after demolition of the exist- ing structure. The dwelliilg is proposed at less than 15 feet on a single side yard and less than a total of 35 feet combined side yard setbacks, at 790 North Sea Drive, Southold; eN 54-5-14. 10:50 A.M. PERICLES NOTIAS #6005. Request for a -Variance under Section 100-30A3 (280-18), based on the Building Inspector's March 30, 2005 Notice of Disapproval concerning an as- built dwelling (rei B.P. File Rei 29700- Z) exceeding the code limitation of2-1/2 stories at 675 Summit Drive, Mattituck; CTM106-1-47. 11:00 A.M. JOSEPH GULMI and SUSAN BRAVER #5994, Request for a Variance under Zoning Code Sec- tion280-105, based on the Building Inspector's_ Oecember 11, 2006 Notice of Disapproval, and request for. relief from Condition under ZBA No. 5340 concerning the setback . location of an as-built pool (ref. B.P. #91932-Z),at less than 30ieet from the front lot line. Lo- cation: 250 Pine Tree Court, Cutchogue; CTM 98-1-7.11. 1:25 P.M. JOHN and PATRICE KEITT. #6008. Request for Varianc- es under Sections 280-15, 280-1l6B, and 280~124, based on the Building Inspector's January 11, 2007 Notice of Disapproval concerning an application for a building permit for as-bOilt shed, new porch construction after removal of a screen porch, and new addition to dwelling. TIle reasons stated in the disapproval are: (a) decking construc- tion is shown with a zero setback from the bulkhead, (b) the as-built screened porch is less than 75 feel from the bulk- head; (c) the rear yard setback is pro- .. posed at less than 50 feet; (d) the as- built accessory shed does not meet the required 5 ft. minimum setback under ZBA No. 3229. (Note: Variance relief is not requested for the trellis structure.) Location of Property: 280 Basin Road, Southold; CIM 81-1-19. 1:50 P.M. ROBERT SEELEY #5912. Request for a Variance under Section 280-116 (100-239.4A based on the Building Inspector's April 12, 2006 Notice of Disapproval concerning a proposed accessory swiriuning pool structure in a location at less than 100 feet from the top ofthe bluff adjacent to the Long Island Sound, at 1250 Sound Drive, Greenport; Rockcove Estates Lot 4; CTM 33-3-19.4. 2:05 P.M. EDWARD FERGUS #5941. Request for a Variance under Section 280-18 (100-30 A3) based on the Building Inspector's May 31, 2006 Notice of Disapproval concerning an ap- plication for a building permit to build a single-family dwelling in a location less than the code-required 50 feetfrom the rear lot line, at 1854 North Bayview Road, Southold; CTM 70-12-393. 2:20 P.M. MARY ZUPA #6010. This is an Appeal for an Interpretation or other action, based on the Building Department's December 21, 2006 re- turn of a building permit application for construction of a single-family dwelling, at 580 Basin Road, Southold; CTM 81- 1-16.7. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hear- ing. Each hearing will not start earlier than designated above. Files are avail- able for review during regular busi- ness hours arid Plior to the day of the hearing. If you have questions, please do not hesitate. to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: March 7,2007. ZONING BOARD OF APPEALS JAMES DIN1ZIO, JR., CHAIRMAN ByLinda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address) P.O. Box 1179 Southald, NY 11971-0959 R276-lT 3/15 ~ f~(~J r ~ ,..., SOUTHDLD B4IIl~ING DEPT 15317559502 - PAGEl . 01-12C2007 14:05 &008" FORM NO, 3 TOWN OF SOUTHOLD BUILDTNG DEP ARTMHNT NOTICE OF DISAPPROVAL DATE: January 11, 2007 TO: Deborah Doty for J &PKeilt POBox1181 Cutehog\le, NY 11935 Please take notice that your application datcd January 10,2007 For a pcrmit for "a~ built" & new additiol)s to a single family dW91hlll;. at Location of property: 280 Basin Road, Southold NY County Tax Map No. 1000 - Section 81 Block I Lot 19 Is retnmcd herewith alld disapproved 011 the following grounds: The proposcd construction of additions to a sinrde family dwelling on a llofl-eonforrning, 29.986 Sq. f\ parcel. is not pemlitted Rursuant to Arlic1e J:CXll Scction 280-116B which statcs: "All buildinl;s or slruclu~9s located on lots upqn which a bulkhead '" cxists and which arc adiacent to tidal water bodies o(her than sounds shall be sct back not less than"S' Irom thc bulkhead." The survcy indicates decking eonstnlction at a rJistance of 0' to the b.ulkhead. And the "as built: screened porch is also within 75' of the bulkllead. <',...... Also. the construction is notllennit(ed purS\lanllO ArticlcXXlll Section ~80-l24 which ~tates: "This section is intended to pr9vide mininlllm stanqards for granting9f a building penn;t for lho; nrincipal buildings onots which ar~ rcco~jzed by the town under *280-9, are nonconlbrming and havc not merged P\!rSllant to *280-10." Such lots shall have a minimum rear yarel setback,pf 50'. The survey indicates construction at a distance to thc rcar property lit19 of approximately 15'5: Furthermore, thc "as built" shed is not penn;Ued purslJant to A.tticle lT1 S~ction280-15 Under ZB^ 1/3229. a 8'X12' l1CCY shed was pcnpittcd at a 5' setback., Thc shed is at 3.5'.. ~ r:!Ju ' , . "-. , . . .;......-I.#', ,..., I Authorized Sib'llature t..e..e.... ~ -7 ZtJ,A rv J>. /J~I 4r- U ~ APPLICATION .THE SOUTHOLD TOWN ZONIN.O~IW,~~:1'pr~~I;~)"- oj "' L.:e;..." '.'::. . ..c, :.' "J" . , _ :~_ /' \. 11- For Office Use Ollly I Fee: $&p(}tJ Filed By: .p. ,.., Date Assigned/Assignment No. 00 Office Notes: 280 Basin Road Parcel Location: Honse No, Street Hamlet Southold . 81 1 19 SCTM 1000 SectlOn_Block_Lot(s) Lot SlZ' e 29,986.88 Z D' t . t one IS nc R-80 I (WE) APPEAL THE WRITTEN DETERIVIINATION OF THE BUILDING INSPECTOR DATED: 1/11/2007 for replacement & enlargement of pool & deck within 75' of bulkhead & 50' of rear yard line; "as built" screened porch; 3.5' shed set back ApplicantJOwner(s): John K. Keitt, Jr. & Patrice C. Keitt Mailing Address: 320 East 57th Street, Unit PRE, New York, NY 10022 Telephone: 212-759-9795 Fax: NOTE: If applicant is not the owner, state below if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Anthorized Representative: Deborah Doty, Esq. Address: 670 West Creek Avenue, PO Box 1181, Cutchouge, NY 11935 Telephone: 631-734-6648 Fax: 631-734-7702 Please specify who you wish correspondence to be mailed to, from the above listed names: D ApplicantJOwner(s) D'Authorized Representative D Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: 41: Building Permit D Certificate of Occupancy D Pre-Certificate of Occupancy D Change of Use D Permit for As-Built Construction D 8/24/2006 Other: , Provision of the Zouing Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do Itot quote the code. Article XXII Section 280- 116 Subsection B Article XIII Section 280-124; Article III Section 280-15 Type of Appeal. An Appeal is made for: C1lA Variance to the Zoning Code or Zoning Map. D A Variance due to lack of access required by New York Town Law-Section 280-A. D Interpretation of the Town Code, Article Section D Reversal or Other A prior appeal EJ has D has not been made with respect to this property UNDER Appeal No. 1467Year 1971(for current and all prior owners). 3229 1984 -----"- Keitt Appeal Application - . 1 . BACKGROUND: Applicants seek a variance in order to reconstruct, reconfigure and enlarge existing structures within 75' of the existing bulkhead. Almost 100 % of the existing structures (including the dwelling) are located within 75' of the bulkhead and most of those structures are covered by C/Os issued to prior owners. (See summary of ownership, permits & C/Os attached hereto). The site plan by Samuels and Steelman (as architects for the owners) dated 7/6/05 and last revised 1/3/07 was submitted to obtain a building permit for an alteration to the existing single family dwelling and the replacement of swimming pool and deck. The site plan reflects the following on the waterside of the existing residence: (I) an enlargement of the existing pool, (2) a new spa, (3) a larger and reconfigured wood deck, and (4) a reconstructed existing screened porch. 1 Finally, the site plan depicts a new covered porch and wood trellis on the east side of the dwelling. The Building Department's Notice of Disapproval dated January 11, 2007 sets forth essentially the following grounds for disapproval: I. The deck is 0' from the inner bulkhead; 2. "As built" screened porch is within 75' of the outer bulkhead; 3. The deck is 15' 5" from the outer bulkhead; and 4. "As built" shed is 3.5' from westerly property line. The Southold Building Department also determined that some of the existing structures were built either in excess of issued permits or without a permit. First, a 5' x 25' seaward extension of the deck was not reflected on the 1982 building permit application for the pool. The construction and condition of the existing wood deck indicate that it was built at the same time as the rest of the deck and should have been included in the 1982 application and the 1997 C/O. Second, the shed was placed too close (3.5' rather than 5') to the westerly line. Third, what had been a 8' x 17' deck was enlarged and converted into a 13.9' x 18.6' "kit-built" screened porch by a prior owner. ANALYSIS: 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: (a) The deteriorated condition of the deck and pool mandate replacement of those structures. The owners propose replacement of the existing deck with slightly larger structure and seek to increase the size of the pool. That is, a deck of 2,061 sf instead of existing deck of 1,817 sf; a 655 sf pool in place of the existing 528 sf pool; and a small spa located near the pool. The swimming pool, the decks, stairs and the spa are within 75' of bulkhead. (b) The owners are replacing and reconstructing existing waterside decking and other structures. They also wish to build an in-place building code compliant replacement of the existing 249 sf screened porch. (c) The,existing shed was located only 3.5 ft from the westerly property line, but is screened from the neighbors by a row of trees. If the shed were relocated to conform the determination at #3229, the existing 5 ft pathway east of the shed will be narrowed to only 3.5 ft thereby substantially restricting access from the southwest portion of the property to the pool area. 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: (a) Dwelling originally was built approximately 47 ft from the then existing bulkhead. The house now is set back 45'5" from the outer bulkhead. (b) Not unreasonably, the pool, deck, and screened porch were built waterside of the house. (c) Deterioration mandates replacement of the original structures. 3. The amount of relief requested is not substantial because: (a) Applicants are seeking a variance in order to replace deteriorated structures. Town records suggest that most, if not all, of the structures have existed since the early to The site plan also depicts reconstruction of the existing covered front porch which is included in permit #31254, and relocated wood steps to the beach. Keitt Appeal Application - . 2 . mid-1980s and that most were in place when the 1997 C/O was issued. (b) The proposed lot coverage is 17.6%. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because (a) This being a waterfront parcel, it is reasonable that the existing pool, decking and porch are located to the waterside of the dwelling and overlooking Southold Bay. (b) Except for the elimination and replacement of deteriorating structures, there will be only minor changes from what existed at the time of applicants' purchase of the property . (c) The new screened porch will comply with current building code. (d) Rather than an in-kind replacement of a lower wood deck, applicants propose a stone patio between the two bulkheads. 5. Has the alleged difficulty been self-created? ( ) Yes. (X) No. Ifnot, is the construction existing, as built? (X) Yes. () No. 6. Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) This is a waterfront parcel. With Town approval in 1970, the dwelling was built only 47:!: ft from the bulkhead. With Town approval in 1982, the pool and most of the decking were located waterside of the dwelling. The decking and pool have all deteriorated and require replacement. The unsafe bulkheading was replaced during the fall of 2006. Applicants now seek a variance to replace and minimally expand (within Code lot coverage limits) the dilapidated structures on the property. This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community . ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise. please proceed to the signature and notary area below. --2~~=J~ Signature of Appellant or Au orized Agent (Agent must submit Authorization from Owner) GARY FLANNER OLSEN Notary Public State Of New York NuL", No.020L2959600 Oultlilied in Suffolk e" Cornrmrs~'<'ln'Fv~"- - . - . t77 Commission Expires March <lO, 20 . . . . Keitt Appeal Application - . 3 SUMMARY OF OWNERSHIP. PERMITS & C/O's In 1972, the then owner Bertha Davis received Certificate of Occupancy #Z-4623 for a private one family dwelling. That dwelling was located 47:I: ft from the "new bulkhead." Mrs. Davis received C/O #Z-4629 in 1972 for a private garage in front yard (per ZBA decision #1467), and C/O #7412 in 1976 for an addition. The property was sold in 1982 to Vincent and Angela Griffo. In 1982, the owners obtained a building permit to relocate existing front yard garage and connect it to the house. In 1989, C/O #Z18068 was issued for "connect existing accessory garage to dwelling and alter to two bedrooms." In 1984, the ZBA granted variance under Appl. #3229 for an as built 8' x 12' shed in the side yard. (See Appl #3229 response to item #1 "building has already been put in place. . . .") In 1982, the Griffos also obtained a building permit to construct a 16' x 32' inground swimming pool between the house and the bulkhead. The permit for the swimming pool was amended in 1997 to reflect the deck surrounding the pool. A 1982 site plan in the file reflects that the deck is to be located only 5' from the proposed retaining wall which was to be set back 6' from the existing bulkhead and stairs at the western side of the pool deck. In 1997, C/O # Z-24833 was issued for "accessory inground swimming pool with deck surround & fence." The shed was not reflected on the permit and/or the C/O. In 1997, the property was sold to Wm P. and Lorraine O'Donnell as Trustees who later sold the property to John J. Keitt, Jr. and Patrice C. Keitt by deed dated January 5, 2000. In March 2004, the Southold Trustees issued permit #5883 to construct a 24' x 26' wood trellis and, in August, 2005, Trustees' permit was amended to re-shingle and re-roof the entire house and re-construct landward entry porch in-kind. There currently is an open building permit #31254 for front entry and re-roofmg alterations to the existing dwelling. The issuance of a C/O is awaiting a certificate of completion from the Trustees. In November 2004, the Trustees issued permit #6031 to "removelreplace (in-place) approx. 152 linear feet of existing timber bulkhead with vinyl bulkhead; remove (2) existing timber retaining walls and construct (1) approx. 159 linear ft. timber retaining wall; and back fill with approx. 125 cy of clean sand fill to be trucked in from an upland source. Remove existing swimming pool, patio, decks, landings and stairs; and construct new swimming pool, terrace, deck, stone landscape wall, walks, landings, and stairs, including 4'x15' platforms/stairs to beach, with the condition a drywell is installed to contain the pool backwash, and all as depicted on the plan prepared by En-Consultants, Inc. dated 12/8/04." The bulkhead work was completed in the fall of 2006. Steps to the beach are still to be constructed. During the 2006 work on the bulkheads, portions of the deck had to be removed to provide access for the contractor. The removed decking was returned to its original location. ~ ---------~-~ lJ290-81-1-/C} ~ TOWN OF SOUTHOLD PROPERTY RECORD CARD H~ 1-5 --- --.- - -- -..- . .-- -. - LOT {,() 'h. OWNER --STREET dS" 0 VILLAGE DIST. SUB_ u(z -+: .3 UOh1<f"# <tttr"C~ -~~~_.. C-. F.:)C1.~,i n "1''''''1 I :)L-'{,A::+hD lei :5 'M\y'ccd, 51' :~. .:Sub. 1'<ct _.fi-A t- .f:- f ACR 7<::- REMARKS .,i--ftrr-&!?t'f7?--- 1,,"-, --- - TYPE OF BLD_ .. P. i-L...orra~e.D~llUr,A5 fr",5I<q,ROP_ CLASS J!1q/Cf7-LWifJi.o'I:!.e.:;J- hntfO fo . '1\ . .--Jf5:S()"l'L}() nOe.(CLO('-O r-;;;.,O () orll1el(~W+ a.::.; Ims-fce5 LA~D IMP_ TOTAL . DATE 1//5700- Ll0201~')5X;:)- (J'{\ ,I{ ;( 1"t[lD _ c~, 1f!.Jfl-ee 10 ~ .11 'l!ap,ooo .i1t f WI. _::; ?;,OD { t :;) ~J~JQ'5; Bf'# 312..S\i trmt Eritf\./ C)(,;oo 10,1..{-00 bl /08 ,3 t- (e-(~illtcrakjons. fP)-o '1' bUt) )3 700 .- i/I !q7 . "" e-li:> I 49.oV ' 2-1 ?~ ,7 oJ, - 16 90--0 Ie:; 6friJ ,/ .--'----.-- .-.-~.- --- --.. I ;- / I I - - ..----- . .: 0-<' 7- FRONTAGE ON WATER , @ .ft . '0/-'-' -v :.... . TILLABLE ISO b/:; - .515[;\ . -- --- ..-. .. --- 3:t,"" ~lf8():i'J FRONTAGE ON ROAD WOODLAND ~-~- --~-_. DEPTH MEADOWLAND BULKHEAD HOUSE/LOT --- --- . -... .-. J_____ TOTAL ----_.......--------.-, -------- ----.-- ,7 J.J ~-~ ~~. s: \~l' Z () ,,' " ~ "'-. -, i4j " D ::l. ~ rs- ~ :0 (J" ..., ,.-" -, ()I ____.0- __ ~ ;0:> m m -l a -l >- r ~ ..(; ('J \' \ , '.J :,( ,r:,i\ ~ () , X,\} l:. \ ~ -',,- ~ C':: ~ \ () ~... ~ r N "'v " r {" f'vV m ~ >- "- (j) ~ i9' m "'" " ~\ " I (' ;;':1 -...:-, " ).. '" 0.\ , ;,k, 6.: , \ '~ \ ,)' " . ,..i- -< -"-..; '- , " ~ -. "'J . -h ",n t;~ b~.~'litq. . -,... ";""11 ~ '- "[J,," (21":'1: ,~\ I R ip I ' '~ ~ ~I ~ ,)",\ C' "l \.r-..j IN ~ \ S2 ~ ~ ?" ::-t: "" :::-'\.. () 'b;"" 0 *' ~ ~ ?.~ \" ; =<! ..i (", -l ',. ,)> ,,"t! >< vj1's: " :~ r ,..'.' -p I '-., \ ,'-., _ "'z) ... 0' ~ z. . o "1'1 ell o c: ... ::c o r- g "U _ J' o \1 "U rn := -< ;:;a 1m n o ;:;a c n J> ;:;a ., OWNER STREET VILLAGE DIST. v J:fJ. >iKid. ~ ..-~_ .')F'~'''''1'".___..n .,"'--,,-. ." -~Ir-"_." iI N / ./C. E :r ACR. o ,"'tc;:,' . \ .",.,-';;' TYPE OF BUILDING ! ) l/r'Ce//51:;: A/ZA d"", FORMER OWNER .........., '<1 _ tr /? 11'10 df'.f/J.:,') ,")"rli/!" ,oj'!!.,."... .' 1;/, !~tf. v, j , /JeR!~i*!/ 'A/IS S W :<'E~.Z 16 ND SEAS. VL. FARM COMM. CB. MISe. Mkt. Value IMP. TOTAL DATE REMARKS (7-0 .~ -\ c,c .t:~.;;:" ,,/ '''''' .p..P- 5 jF (I' 1).. /~'I! (( i..! <1 O(..'I//P- .1:0..0.,,-1- c../o .,.-'--1 &23 I ?' () 00 35"00 , "'- ,', ", ;:>( - "" ",,",. .'- 00 c../6z..'1(,,~'1 I . .)>j~ ~/ clo /t-) . ~- /,......' It)' ./ffi',;'~, <. ."...j. 7L/I? i<'fct.fJi,IIN" {~.c, l&tfIJ f c~/L {l'-. -z: "1 J..._ f.:?.? I., .f 1\ '-r': . j;> . A . . ~. W/>f 0/- !?t'/I>Tu. V4i;"t-'II)~ {.)pj,7,;,.vAill.< 30T 11'#./)MI.s' .7(,' . (iff) G~r~ .- 2 Tillable 3 Woodland Swampland Brushland Hause Plat FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD " I" (:;J:?f ~ i f 3' ';N(/J . " v 5~(' &/, 6 T """~ Ii!ilit ..... ..........- DOCK ~~ ~." .' .' !LOR 1/ ,. , j T::;;; -c i I " r. " k' e.. , . , . 1M ~i , , '''lit'.' , . v, '>^ I i i :" , , oj ,~" I )/ /J ...{, 2. rf ~V , .,P p- \'- . I; ~> ^.~ \- 'S rX 11> /, I tY <~ .' i: I '[ ~' . It i! " e - ,7. l- i 0", I ! 81.-1-19 3/06 ,f . - ' . - , , tt. ~~-'Y "l S')( ~, ::l = 'f' '1~- ~1) ~ ---~ 5~SO Foundation ~. 13 Bath .2 {e- Dinette -z,. , ' , - Ela J.~u' r '---'"' , -xtension /7 y it,; 271 ,5;06 /0&-0 Basement fv/-i.. Floors 0;<;>-'( K. Extension - Ext, Walls C-EDM<.. Ir;.terior Finish Sf/t:f!7' Ro<.t( LR, ')..'l-X ,l-,,-- .C" .i b .: ..J^Oh .... '" Extension /3 Xl?, ~ ).,of' .,. 7.r? 3'>-C 24'? I- ,Fire Place \f ./-.. Heat I-I.w. 'DR, '- <. ~ . .h" /(,X 12- :; 192. .l?r ~;Lf- Type Roof I Rooms 1 st Floor BR_ I, /- ch , Recreation RoolT Rooms 2nd Floor FIN. B, -. ,- . . Porch hn:it \\ '^ 11 ' I" I- . ':15 --.;u' Dormer j;JBreezeway 4-Mj f~) Driveway :J , Garoge . i>'otiu . " ~lrti ", - ~~ 400 . O,B. Total Q,~'d"" . ~,-/i ' . - 10 830 ~M - } /,,;l;:l'\ -. ~,~- A \~ ~~ " ,.... /'~;;.\ ,I 1 '. ~- '-, ,...., ,. . , ., 'i v~'fi~ VI' ~VlJTHULV . BUILDINI; DEPARTMENT TOWN HA LL . SOUTHOIP; NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www.northfork.net/SouthoIdI BUlLAiU PERMIT APPLICATION CHECKLl ~o you have or need the following, before applyir Board of Health 3 sets of Building Plans Planning Board approval Survey Check Septic Fonn N.Y.S.D.E.C. Trustees Contact: Mail to: PERMIT NO. Examined Approved Disapproved ale ,20_ ~ ~;PSAPPROVAL ,20_ Phoue: Expiration Building Inspector [-'~ 10 ~ ~ D 'If] ~ (1 !. r\~~ I 0- ~ 1 \ uj (LICATION FOR BOILDJNG PE7~ ,/;-1 ,20 OJ , R0.:~~~+::iLs:)i\&'r 4 INSTRUCTIONS I bU){:, (..~-;P1. _ _ 1 a. lpm~"aPBljgari~n'JJiUgt\b~coin~letelY filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale, Fee according to schedule, b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways, c. The work covered by this application may not be commenced before issuance of Building Pelmit. d. Upon approval of this application, the Building Inspector will issue a Building Pelmit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any pmpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interinI, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLlCA TION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, ,c:..i!folk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, addi"di:;, or alterations or for removal or demolition as herein desClibed. The applicant agrees to comply with all applicable bws, ordinances, building code, housing code, and regulations, and to admit anthorized inspectors on premises and in bu :g for necessary inspections. ~{-u.e/h . (Signature of applicaHt'or name, if a corporation) 0'.Z5;;2.35 IlJAr/V RD., ell {c:. ifO rsori' (Mailing address of applicant) State whether applicant is 0'0'1 ler, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder $-I!C.!ftTEC-I Name of owner of premises (j9M.V.. l WrJ?rcE kP/ Ii (As on the tax roll or latest deed) If applicant is a corporation, signaivre 0 i .ly authorized officer . (Name and title of cOlporate of[ .-) Builders License No, Plumbers License No. ElectIicians License No. Other Trade's License No. 1, Location of land on which proposed work will be done: ,;Jf?() 8/lJlIN l?OAiJ House Number Street JCJvr/lOC-D Hamlet County Tax Map No, 1000 Section 2? I Subdivision /'/1tf:'?f,fJi.se. ;PO,/f/T (Name) Block 0/ Filed Map No, Lot J9 Lot I . ... .~ 2. State existing use and occupancy of premises and intended use and occupancy of proposed construct\on: a. Existing use and occupancy <J!tIV6C-5 F/f/11fLj I-f&rOFNCf J-1111 E e ~. i .,~_ b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Repair Removal Demolition Addition Alteration / Other Work rfllJlltll11///16 POOl., f)ce.k (Description) 4. Estimated Cost t/ /tJ/ cx;o 5. If dwelling, number of dwelling units If garage, number of cars ,-"..tt Fey:,~ '1 ,".1,1 ...l";' ,.!) ~ V I,,) ('Fci"Bb'Nhd on filing this application) Number of dwelling units on each floor 6. ,'Ifbusiness, commercial or mixed occupancy, specifY nature and extent of each type of use. VOOL / . I ~0 // &' 7. Dimensions of existing structures, if any: Front -.:/ eX Rear (p Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front 38 ( ~ Depth I R (Height Number of Stories I Rear 35 t' 8. Dimensions of entire new construction: Front 35 Height Number of Stories Rear 351 Depth / J'" I 9. Size oflol: Front /co/ Rear 94,7/ / Depth QoLj-, ro 2 / 10. Date of Purchase c:loo:2- Name of Former Owner II. Zone or use district in which premises are situated /!-1-0 12. Does proposed construction violate any zoning law, ordinance or regulation? YES_ NO_ 13. Will lot be re-graded? YES_NO L Will excess fill be removed from premises? YES_NO ~ ? 14. Names of Owner of premises J!errr Address /Vt5ZU CfoeK Phone No. Name of Architect JI/fmUt"l-<-'\ ff SC~ Address CG(7l::t-/060E Phone No 7sr-~C;,'-/.. 0-.5 Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES V NO' * IF YES, SOUTHOLD TOWN TRUSTEES & DEe. PERMITS MAY BE REQillRED. b. Is this property within 300 feet of a tidal wetland? * YES ~ NO_ * IF YES, DEC. PERMITS MAY BE REQillRED. 16. Provide survey, to scale, with accurate foundation plan and distances to pr perty lines. 17. If elevation at any point on property is at 10 feet or below, must provide t pographical data on survey. STATE OF NEW YORK) SS: COUNTY O~~ 7Jft/;!1rf-S: C. S,f111. u (li!:!f!!l-~being duly sworn, deposesah (Name ofi1 ividual signing contract) above named, , says that(s)he is the applicant (S)He is the MC-t17Z'7'3C-T (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is dnly authorized to perform Dr have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this '1 day of (V1~ 2~ 9o~OJvl'lf~A./ Notary Public PATRICIA RICHARDS Notary Public,Slale of New York No.01R16042467 Qualified in Suffolk County, Commission Expires May 30, 20(lf--Cllo '-~tw2 ( Signature of Applicant 03/22/2007 15:30 631-853-4044 .' COUNTY OF SUFFOLK S C PLANING DEPT . PAGE 02 \ QJr~ C/ ' 'Lv \,Y' '.. t.t ~ \ ,I(.. V c' I lh ^ :.J! n I '!"' .[)\.,-' \ ' ~. I, ('frV\ 1Jf/' ) I, ,}J v' " 'I ~ / \\ G) MAR 2 2 2007 .; STEVE LEVY SUFFOLK C.OUNTY EXECUTIVE DEPARTMENT OF PLANNING, THOMAS ISLES, AICP DIRECTOR OF PLANNING Febnmry 13, 2007 Mr, James Dinizio, Jr., Chairman , Town of Southold ZBA 53085 MainRd, P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the Te'lu1rements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Su:ffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-connnunity iropact(s). A decision ofloeal determination should not be construed as either an approval or disal'Prova1. Auulicant{s) Municinal File Number(s) Astley, Amy & Christopher Noli,,", Pericles Boris, Nancy Keitt, John & Patrice Rymk, Thomas 6004 6005 6007 6008 6009 v ClY !\"Illy yours, Thomas Isles,AICP Director of Planning S/s Christotlher S. Wrede Environmental PlQllller CSW:cc CATION .EE DENNISON BLDG. - 4TH FLOOR I VETERANS MEMORIAl HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE, NY 11788.Q099 . 16311 853-5190 TELECOPIER 631} 853-4044 ~Vl\ ~f . MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: James Dinizio, Chair Town of South old Zoning Board of Appe~ From: Mark Terry, Principal Planner ~ LWRP Coordinator RE,ICEIVED Date: March 27, 2007 ~ ZBA File Ref. NG:: (Keitt SCTM#IOOO- 81-1-19 MAR 2 8 2007 d~IfoP,(Yl . Re: 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 (L WRP) Policy Standards. Based upon the information provided on the L WRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. I Policy 6 Protect and restore the quality and fuuction of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction. I. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed setback from the screened porch to the bulkhead is 39'9 " feet; the proposed setback from the pool to the bulkhead is 28' .4"; a minimum setback of 100 feet is reQuired for residences aud 50' for swimming pools pursuant to Chapter 275 and a minimum setback of 75 feet is reQuired by Article XXIII Section 280-116.B of the Town of Southold Towu Code. Please reQuire that the applicant amend the application to meet the aboye policy to the greatest extent possible. f/~J- . . Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. MAR 2 8 Z007 ~ I2.VjJ- a3 k'u1t j:l b()ocf · s- - 11'Lh.~ ^'F. pU(fCh~ COUNTY ~Ul'FOLK · ',- ~r-Clfpl.~J-'~~' ('~~'",', '. I-WeP~ ~; , _L\Ctq,~Co.lt~) ,,,, , -;;;::~d&?;h IlJ{ Steve Levy SUFFOLK COUNTY EXECUTIVE' SOIL AND WATER CONSERVATION DISTRICf FAX:(631) 727-3160 423 Griffing Ave, Riverhead, NY 11901 Thomas J. McMahon DISTRICf MANAGER (631) 727-2315 February 28, 2007 Mr. James Dinizio Jr. Board of Appeals Town of Southold Po Box 1179 Southold, NY 11971-0959 "'~""W'_'_~.'~ i'i '~:;;;-~';;:7iVTISFfl 'j I l MAJ3 5 2007 I, LS?1i~~~~3hV " 3 .' ,4PPtftU.s Re: ZBA #6008 (Keitt) Dear Charmain Dirnzio Jr.: As requested, as site visit was conducted for the Keitt property in Southold, regarding the installation of a new pool, deck, stairway, and screened in porch in close proximity to Southold bay. At this site, a newly installed bulkhead and retaining wall has been constructed on the shoreline of Southold Bay. These structures are in sound condition and maintain the stability the shoreline and the 3D-foot embankment, and are thereby functioning as designed to protect the pool and house (photo 1-4, 6-10). The greatest threats to the stability of these structures are wave scour, runoff from the house and yard and disposal of the pool water. Therefore, the following measures are recommended in order to protect all the structures at this location. First, it is recommended that the top of the bulkhead be planted with American beach grass (photo 1- 2). This willhe1p protect this area from erosion caused bywaves cresting over the bulkhead. Be aware that beach grass is sensirive to foot traffic and should not be walked on. Therefore, it should not be installed around the stairway areas. Species such as Coastal Panic grass, Little B1uestem and Beach pea can also be seeded into this planting for species diversity. On the eastern upper edge of the property, a small retaining wall has been installed. Signs of erosion are apparent on the eastern side of the wall. The remaining/original wooden retaining wall is loose and not functioning as designed (photo 3, 5, 6). To remedy these situations, Beach grass should be planted on the eastern side slope of the retaining wall. Dually, the wooden retaining wall should be repaired or replaced in order to obtain stability. If stability is not obtained at these locations, erosion will continue and the retaining walls maybe comprised. P./13~lM-rJ(". ,. . . On the western portion of the property, a large hole exists behind the new retaining wall (photo 10). This should be filled as soon as possible to prevent human harm and also to achieve full structural stability of the retaining wall. Below and in front of this wall at this same location, a wooden retaining wall sited perpendicular to the newly installed retaining wall exists (photo 9). This wall is not fimctioning properly and sediment is eroding underneath the exposed boards. To prevent further erosion the wall should be repaired. If such repairs are not addressed, it is expected that the comer will erode out, compromising the new retaining wall and the integrity of the pool, which is sited just above the new retaining waiL Next, a natural transition needs to be implemented between the backyard and the driveway (photo 5). Currently, a significant drop off exists at this location, which due to the height, slope, and exposed soil, poses an erosion hazard. This area should be graded to a gentle slope and vegetated or a small retaining wall should be constructed to stabilize this embankment. Water running over the top of the main retaining wall poses a significant erosion hazard to both the wall and the bulkhead. Therefore, the retaining wall should remain at its current height (1 foot) above grade, in order to prevent such flow and allow water to percolate naturally into the ground (photo 2 - 4, 7& 8). In addition, it is also imperative to address and reduce the sources of runoff in order to reduce the threat runoff poses to the retaining wall and bulkhead. Currently, the downspouts on the rear of the house are not fitted with dry wells, and a dry well for disposal of pool water is not apparent (7&8, 11&12). Therefore, the downspouts should be fitted with dry wells, which will directly discharge runoff from the house into the ground. Likewise, the pool should be fitted with a drain and/or appropriately sized dry wells to facilitate drainage of its water directly into the ground. Such installation is critical as the proposed pool is to be constructed of gunite, and will need to be drained annually to prevent structural damage during winter months. Discharging this quantity of water onto the ground poses a severe erosion hazard to the retaining wall and bulkhead and neighboring properties. The installation of a drain will abate this erosion potential. Additionally, limiting new installations of impermeable surfaces (i.e. paving stones in the back yard and bulkhead area) will also significantly reduce runoff at this site. Respectively, it is encouraged that the deck is constructed of wood to allow water to drain/percolate into the ground under the deck (photo 7-8). Ensuring good vegetative cover and landscaping behind the retaining wall is the last recommended measure to prevent runoff and erosion. Currently, the backyard area consists of exposed soil and should be vegetated as soon as possible (photo 3, 5, 7,11). Sod requires a high degree of nutrients and water for establishment and maintenance. On the sandy soils of this site, leaching of nutrients will rapidly occur from such irrigation practices. Therefore, sod is not recommended due to the pollution potential it poses to Southold Bay. Instead, establishing the lawn by seeding with drought tolerant grass species such as Pennsylvania sedge or Red fescue is encouraged. Minimum irrigation ~. 2-~ 3 ~ ;...-.n.t.- . . . water should be applied both for establishment and maintenance, in order to encourage deep root systems of the grasses and to prevent runoff and leaching. For landscaping purposes, native drought. tolerant plants such as Bayberry, Eastern Red Cedar, Beach Plum, Black Eyed Susan's, and Switchgrass are also recommended. Information on planting techniques along with nurseries that sell these species (including beach grass) is enclosed. Lastly and equally important, monitoring and maintenance are critical to sustaining the stability of the bulkhead. and the retaining walls, as well as the pool and the house that they protect. Therefore, inspections of these structures should occur periodically and especially after storm events. All repairs, such as filling sink holes and/or revegetation should be completed as soon as possible in order to maintain the structural stability of the retaining wall and bulkhead. To further stress, these structures are main support for the embankment and therefore the pool and the house. Failure to maintain these structures will cause structural instability of the embankment, and due to the extremely close proximity to the edge, the pool and potentially the house stability will be threatened. Thus, maintenance of the retaining wall and bulkhead cannot be stressed enough. If you have any questions or concerns regarding these recommendations or the site visit, please do not hesitate to contact our office at (631) 727 -2315x3. p, 3q3 F ~I~- . ~~ v\V r . . ~ ~I"~',', ~I~ 'l"~"l/i :I'~ f Ib10 1 ., \. ~ f k-ftJ 0 . II Y/1fJ-tt 6' . .., ig-~ . ~ ~ '.~ ~" , .,....~ .#II Ie, ~-- t. : ~~. -'''1 ,.... . --1iIt'..:J -'- ,.,'" ~~,~ -.5.-"'" 'I"". ... ......... , ",.....- ... ii;, .. ~' - P to-k 10 . It ~n r_.1 ~.. ~ .', I ....~i Phoh /2- 5"' --( )-A/ ) ~ . . DEBORAH DOTY ATTORNEY AT lAW 670 WEST CREEK AVENUE P.O Box 1181 CUTCHOGUE, NY 11935-0876 f-M'='"~,-,"'7;;~ ~'::'''~'cc_ , FA-X 631-734-7702 631-734-6648 March 23, 2007 . MAR 2 6 2007 t.:ON~~'~l'~ ~ 3/ ~Ji /b 7 -_~"w'!J 'Y"'''''. j/.I/":' '1 ---:'~.2Q~';;'fi:U,:;fu",t~./ Polly Weigand '^' / Soil District Technician r\ D ~ U Soil & Water Conservation District '- 423 Griffing Avenue Riverhead, NY 11901 r RE: John K. Keitt, Jr. & Patrice C. Keitt 280 Basin Road, Southold, NY (SCTM # 1000-81-1-19) ZBA Appl. #6008 Dear Ms. Weigand: 1 represent John K. Keitt, Ir. & Patrice C. Keitt who own the above-referenced parcel. Tills letter is in reference to your February 28, 2007 letter to the Southold Board of Appeals ("ZBA"), A copy is enclosed for your convenience, As you note, a new bulkhead and a new retaining wall (collectively "bulkheading") were installed at the premises, Those structures were constructed last fall to replace an existing bulkhead and walls which were on the brink of collapse, My clients had intended to have the bulkheading done at the same time as the work willch is proposed under Appl. #6008 to the ZBA (the "upland work"). However, given the dilapidated condition of the then existing bulkhead and retaining walls, it was imprudent to delay the bulkheading until issuance of ZBA variances for some of the upland work. Accordingly, the bulkheading was completed with permits in place, a new survey was prepared, and the application to the ZBA was made, In connection with the upland work, my clients intend to revegetate the premises in order to prevent erosion and appreciate your suggestions regarding appropriate plantings. They also intend to repair any remaining structures which may require repair. Necessary drywells and down spouts will be installed to reduce runoff, My clients intend to take steps necessary to protect and to insure the structural stability of their waterfront parcel. Very truly yours, --- = ~~"'- ~ ~ ~----------- Deborah Doty Encl. DD:bdr cc: J9M K. Keitt, Jr. & Patrice C. Keitt vl'ames Dinizio, Jr., ZBA Chair Samuels & Steelman (via FAX) ~ i--/~ fP 1!fO . ~ II II M U E L EEL M . 5 A 5 T 5 A & N . . . . April 10, 2007 Zoning Board of Appeals Town Hall Annex South old , NY 11971 - ~~--------~--~~~-- ----, Ii Re: KEITT RESIDENCE 280 Basin Road Paradise Point Southold, NY SCTM# 1000-81-01-19 i APR 1 0 2007 I '1 .1, J/ I/..r I.,e, l!I!1taJ-tJ-( l~ ~ (.l1;.(Mtr ,;".;','-""":,":',, .. ...-,_....:,.,:..'......i-,I C...__.~'._"" Attn: Ruth Oliva Enclosed please find seven (7) copies of our Specifications for the swimming pool at the above referenced project, and seven copies of the contractors standard specifications for swimming pools, per your request. You already have copies of the plan of the pool and spa~ In my professional judgement, these specs are structurally sufficient for this installation on this site. Please call with any questions or concerns. Thank you, T m Samuels ARCHITECTS 25235 MAIN ROAD CUTCHOGUE, NEW YORK 11935 (631) 734-6405 FAX (631) 734-6407 . r~J'--(:':'::~--"~-"~'~~'~--~~'7:~i:I""'~1 , APR 1 0 2007 I, SWIMMING POOL & SPA I!e: 3/2-"If?# -kfJu- GENERAL Provide fully functioning Swimming Pool and Spa as shown on SITE and FIRST FLOOR PLANs. Provide gunite sprayed construction (walls and floor) w/5" minimum thickness, w/#4 steel bar reinforcing at 12" minimum on center dimension each way. Provide 2" cast ledge on exterior of pool for attachment of wood deck framing. Provide walk-thru with Owner and Architect prior to excavation to review layout. FINISHES Provide 6"x6" slate tile border on walls from water level to coping. Provide custom color marble dust finish on all walls and floor, color selections by Owner. EQUIPMENT Provide all necessary pumps, piping, fittings, filters, automatic pool cleaner w/pump, pool light, pool heater connected to propane storage tank. Locate all fixed equipment exterior adjacent to retaining wall, and as per Architect. Provide loop-lock safety pool cover w/all required fittings and attachments; color selection by Owner. Provide propane fired pool heater with 400,000 BTU capacity. BACK-WASH POOL Provide 8 foot diameter by 8 foot deep leaching pool connected to pool pump and filter back wash. POOL ENCLOSURE Pool enclosure includes portions of house; doors from house into pool enclosure must be protected as per requirements. Provide 4"-0" high aluminum fencing at perimeter of Pool area, with self-closing gates and per New York State Building Code. Provide 4x4 posts at 6' (+/-) on center, in concrete footings, and vertical square pickets, approx. 1" square at 4" on center, in bronze color. Provide sample for approval by Owner. KEITT 8 - \2' RADIUS {l Y P I SMII,H"J;R , , 1 t ~~L(T - I COMBINATION Sl'ilW",ER 8 "- V"'CUUfrII llNf GUNITE STE PS A MAIN SUCTION PRECAST COPING WA.lt< (OPTIONAL I rnbn~l[PJn~ [p) (Q) ~ [l ~:rNJ [Q) ~ [f2> ~ OIYlt-lG eoA'RD ( (OPTIONAl! '- "llET/ <E '~ c " UNDERWATER l.GHT' -0- f , I' .,,'-' . /';'~'~.i7.. ., B" t.. .' r-"l / :." PLAN SI ~. 3S-T(P lADDER lOPTll.HlIAL) "- S't(I!llMER -,--o--~-- --- SECTION ..r..-:r:'-~':: .' ~.,hlJ,,~ /r::;:;~C~~'~;; , ., \' Vi',-:-. '\' ), k. " i \' i" '~:...:.;.,. , . '\ \...:",;, "'. , ~. ! ,., ( " . A-A , , 11Wooded Lane I PO BQ",1033 Hampton Bays, NY 11946 (631) 728-1777 s 0 -' .. . , ., ..ft, . ~ 0 >- , ~ -", :oNT '" >' 'LL ~ c S WALL ~CTION WALL SECTION )ETAll RADIUS. VA"RIES 6"TO 24"'~'l.l.Olllt,.O 25 "UP ON Of:EP E'~D" *^TE~ l.iNE, "- OF TIl.E .....\.I.'-.f1:' ..:;.,,:. ~UNOERW"'TE'" LIGHt , (OPlIONAL) ~ Fl'AOIUS 2'. ( 10 ~. .0" r:..MAIN J OR'dN SECTION B-B -,... "" ,....r-o/!. , ,"1'0'" ! !{.~:\ ~~..,. r{};"~.i.l\ 'l-i i /1/ / ./ '/".* ,," , .', . ,- / ::It, STEEL , ' R(INFO..,C[-O /1 , / .DEPTH < ~'. 0" HOAt Z V[ RT I a," 0 C 12" 0 C >5'.0" 12" OC . .oe Fl.OOft 12" QC El:fHWAY 0... M[SH EQUIVALENt ,.:. ~~AL NOTES THE DESIGN IS 8ASEO ON A C;P.A,"'A(i[ SQl,l Wlll1 <. 10% ~IU GAOUND wATER SHA.Ll NOT [)(I':.t W,THI~ r'l[ L~IolIT'i (Jr- TI-iE EXCAVATION IF GROUND WAT[Fl' E11$T'S Wlht!i'j r,-', 0' AELOw r,RtI~r SPECIAL OEWATEIHtlG.'''CILlTlfS Wfl.L HE f.lfO..,(REt WA~r R DISPO,AL ,~ UMITE:O TO OWNE~ 'S PRO~ E fj"1 'O~ T~'tl( T.jR J[ R,f 2 HO SURCHARGE j\LLowED WITHIN <1 .0" t);" SHALLOW [f>lC AN(J 6' ~o" OF DEEP END , THE PNEUIrllAllCALLT APPLIED cr.NCRE TE iGUNITE! SHilL l !if " 1 . '-'IX wITH A frIlA)(It.l!UI>o! or 3'2 GAL-LONS Of I'vATUl PI I=! SACK Of CE"'ENT .. REINfORCING STEEL SHALL Elf !NHRMf.DI/J!f ~,RAuE B'Ld T 'STEEl, WITH A ~INIMUM LAP Of 30 flt-R D1AMlTERS 5 POOL WATER :5UPPCY BY OWNf. R 5 GJ\R~EN HCSE PC,OL 1"1. flr KEn- FULl.. OURING fAEEZING 'WEATHER PUMP Ctl.P,A\IT, .., BE SUFfICIENT TO EflIPT'!' p{')r'l:N ('4 HO.;R<; . ALL PIPING SHOWN IS DIAGRAI.l~Al.C uNLESS O!H[J:l~ 'if NOTEO, PIPING SHALL BE POl~THELINE, 7. WAllCS TO BE NON SLI P, AND TO SLOPE AWAy fRO,", POOL 8. NO DIVING BOARD SHALL BE INSTALLED UNLESS POOL AND IOARD CONfORM TO ~AIE ST MIN STANDARDS or THE NATIONAL SWll.lM!NG PQOL INSTITUTE 9 LOCATlO~ OF OVERHEAD WIRfS Te ME[T REOU(RE.lrWlfNTS .OF IOARD Of fiRE UNOERWRITERS 10. THl50RAWING fOR STRUCTURAL SHf.LL ONU ALL ACCESSORIES I) APPURTENANCES SHALL bE BY OTHE'PtS. ALL WORK SHALL (ONfORM TQ THE 7 ... ) LATEST STANOARDS OF THE NATIONAL SWIM"-ING POOL INSTITUTE AND LOCAL rOOfS WAST[ " f"ILTEPlI P (PU~p , Sl(lMlrHR WATI _____Z__ ,r 1~2 RETURN .~ INLE,. trllAIN SCHEMATIC PIPING ARRANGMEN' , . Ai. 1"E.l.. ':tS. Uo't"ES . .- . . \"'\'0Tt:.S ': . - APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: John K. Keitt, Jr. & Patrice C. Keitt Date Prepared: 1/24/2007 I. For Demolition of Existing Buildin!1: Areas, PI d 'b b ' , d "Einstlng ease escn e areas elng remove : 13.9' x 18.6' screened porch all Oi 16' X 20' deck, 16' x 32' pool, WhlCh are waterslde of dwell lug II, New Construction Areas (New Dw~'fPg o~~llwdA~iti1~~xt~jonsJ: 1 13.9' x 18.6' screened porch Dimensions of first floor extension: x ec , x po, Dimensions of new second floor: none Dimensions offioor above second ievei: none Height (from finished ground to top of ridge): nla Is basement or lowest floor area being constructed? If yes, pleaseprovide height (above ground) measured from natural existing grade to first floor: no III. Proposed Alterations or Interior Structural Changes without eulargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 1 & 2 story frame dwelling Number of Floors and Changes WITH Alterations: no change IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage' of buildings on your property: 4,905 Proposed increase of building coverage: 5,276 Square footage of your lot: 29,987 Percentage of coverage of your lot by building area: ",vi "H ng - 1 I) 11)%; propoRed = 17.6% V. Purpose of New Construction Requested: Replacement and enlargement of decking and pool, replacement of screened porch, small spa are proposea. VI. Please describe the'land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): Existing dwelling stands wi thin 50' of bulkhead and C/O for dwelling was issued in 1971; swimming pool & aeck were bUllt between rhp hOllse and bulkhead with C/O issued in 1997." 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I I~ I~ if:(] I;::: I~ !;4 IU ~ :? o ;::; d S Z co E=: ~.s "'0"" x08 ~p..c . ! i,~1 ~c:i_f. 1 Iv1 -~ , ~ III , , , ~,~~ ~- ~ ~~ EXISTING POOL, DECK, & SCREENED PORCH (looking east) ~--~-.el~~ '" ,,~,..~~- ,;: ~ ~ "- r 1 ~'.; 1 "~F . . NORTHEAST CORNER OF PROPERTY (looking east) . . . .NORTHEAST CORNER OF PROPERTY (looking west) . . . . . ~1I 1, 1 \h 1 \ ~\: 1\ . . . . , ' . . .I , ,;;j I I , t r I!lI ~ III CI .x;;.; ~ ~~~... fill' IIlt':l _ -.":IJIIl ~ ~......., ~ ~ ~::. ""'I ~C'. "" _-" _ WI" ~1: (#"., ~. - .. '" ;;; " . ," ...... ."..... ~ " .",' " ',' __6_- _~_ ~.~ ,.._'~ ,,"" ",,;;. , . . .- . .. DEBORAH DOTY ATTORNEY AT LAW 670 WEST CREEK AVENUE P.O. Box 1181 CUTCHOGUE. NY 11935-0876 FAX 631-734-7702 631-734-6648 BY HAND January 26, 2007 Southold Town Zoning Board of Appeals Town Hall Annex Main Road PO Box 1179 Southold, NY 11971 I~ r', ~ RE: John K. Keitt, Jf. & Patrice C. Keitt 280 Basin Road, Southold, NY (SCTM # 1000-81-1-19) Application for Variances to Town Code Dear Members of the Board: I represent John K. Keitt, Jf. & Patrice C. Keitt who own the above-referenced parcel. The within application previously was submitted on September 14, 2006. The Board was unwilling to consider the application because the bulkheading was scheduled to be replaced during the fall of 2006. The reconstruction of the bulkheading is completed. Enclosed please find an original and seven copies of the following: (a) Notice of Disapproval from the Southold Building. Departtnent dated January 11, 2007 together with a copy of the building permit application; (b) Application for a Variance and consent from owners; (c) Project Description Fonn; (d) the Questionnaire; (e) Transactional Disclosure Form; (t) the LWRP form; (g) Town property card; (h) photographs of the site taken in the summer of 2006 prior to the bulkhead replacement and photographs of the site taken in January 2007; (i) Certificates of Occupancy #Z-4623, #Z-4629, #Z-7412, #Z18068, and #Z-24833; (j) Trustees' permits #5883 and #6031; (k) the deed dated January 5,2000; (1) the survey of the premises dated February 3, 2004 with November 27,2006 update for new bulkhead and prepared by Joseph A. Ingegno; and (m) the site plan, first floor plan and elevations prepared by Samuels & Steelman Architects. Also enclosed is IOLA check # 1584 payable to the Southold Town Clerk in the amount of $600 for the filing fee. Respectfully submitted, C' --- ~ #\,g. . ~-,~ ~ Deborah Doty Encls. DD:bdr cc: John K. Keitt, Jf. & Patrice C. Keitt Southold Building Department Samuels & Steelman . . DEBORAH DOTY ATTORNEY AT LAW 670 WEST CREEK AVENUE P.O. Box 1181 CUTCHOGUE, NY 11935-0876 FAX 631-734-7702 631-734-6648 3 0 2007 BY HAND January 30, 2007 Southold Town Zoning Board of Appeals Town Hall Annex Main Road PO Box 1179 Southold, NY 11971 RE: John K. Keitt, Jr. & Patrice C. Keitt 280 Basin Road, Southold, NY (SCTM # 1000-81-1-19) Application for Variances to Town Code Dear Members of the Board: Pursuant to the Board's request, enclosed please find an original and seven copies of the following: (a) the site plan prepared by Samuels & Steelman Architects and revised January 29, 2007 to reflect setback distances between the existing bulkheads and setbacks from existing bulkheads to existing and proposed decks, and (b) the letter from Joseph A. Ingegno Land Surveyor dated January 29, 2007 advising that there is no CZM Bonndary Line in the area of the above-referenced premises With reference to the proposed trellis on the eastern side of the dwelling, the Building Department advised that the trellis is an addition to the existing dwelling and is landward of the existing dwelling. The addition falls within Town Code S280-116B which provides in relevant part: All buildings or structures located on lots upon which a bulkhead . . . exjsts and which are adjacent to tidal water bodies other than sounds shall be not less than 75 feet from the bulkhead. The following exceptions will apply: (1) Buildings which are proposed landward of existing buildings. The Building Department, therefore, did not included the trellis on the January 11, 2007 Notice of Disapproval, and it is not necessary for the Notice of Disapproval to be amended to include the trellis. ...-- Respectfully submitted, ~I~.<~~- Deborah Doty Encls. DD:bdr cc: John K. Keitt, Jr. & Patrice C. Keitt Southold Building Department Samuels & Steelman (via FAX) Tel: (631) 727-2090 Fax: (631) 727-1727 January 29,2007 . '. Joseph A. Ingegno Land Surveyor P.O. Box 1931 Riverhead, N.Y. 11901-0965 Email: jaisuNeyors@aol.com Deborah Doty Atty P.O. Box 1181 Cutchogue, New Y prk 11935 RE: S.C. tax no. 1000-81-01-19 Keitt prop~rty, Basin Road, Southold, New York Dear Ms Doty: OFFICES LOCATED AT 322 Roanoke Avenue Riverhead, N.Y. 11901 RECEIVED JAN3 c1 2007 According to the Coastal Erosion Hazard maps for the Tpwn of Southold, there is no CZM Boundary Line in this area. Should you have any further questions, please do not hesitate to contact me at anytime at the above number. /I I' /:1 , Very truly yo~s, , ,/ ...........-"'''.. ,I.......... ,pjff ~ ,..~K Ingegno,P.L.S. ,I / , djc "-':,-'," -j;: j) :", , [i i j," fr.:n:' ~~/ . ~,:Dy 04/20/2007 11: 53 5157345407. 5/\Jj; ~~ ~. t~pw ~ 5AMUELSSTEELMAN - PAGE 01/01 A T ~ II II M U E l 5 & EEL MAN . . . April 20, 2007 Zoning Board of Appeals Town Hall Annex Southold, NY 11971 FAX 765 9064 Re: KEITT RESIDENCE Basin Road, Southold, NY Dear Board Members, The maximum depth of the proposed swimming pool is 4'-6", as stated by John Keitt at the public hearing_ I hope this answer allows you to proceed with approval of the appeal. "."."... ee. Deborah Doty A~CHITECT5 25235 MAIN ROAD CUTCHQCVE, NEW YORK 119>5 (631) 734-6405 tAX (631) 734-6407