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Home My WebLink About6011 APPEALS BOARD MEMBERS James Dinizio, Jr., Chairman Gerard R Goehringer Ruth D. Oliva Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 119714)959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 10, 2007 ZB File No. 6011 -Alan Santos Property Location: 933 New Suffolk Road, Cutchogue CTM 102-6-24 RECEIVED 007 q' ' Towd Cle SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicant's 98,657 square feet parcel (2.26 acres) is improved with a two story single-family dwelling as shown on 11/5/04, survey updated 1/25/07 by Young and Young. BASIS OF APPLICATION: Request for a Variance under Section 280(15)B, based on the Building Inspector's December 13, 2006 Notice of Disapproval concerning a proposed shed at less than 20 feet from the property line. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 26, 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 relief requested is for the as-built 18' x 10' x 12' high (maximum to the ridge) accessory shed located on the north side of the swimming pool. The setback is 16.65 feet from the northerly property line, instead of the code-required 20 ft. minimum setback for this 2.2 acre parcel. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject property is bordered by views to a farm planted with fruit trees to the east, and an open grassy field owned by the Cutchogue Fire Department property to the north, buffered from view by a screen of mature evergreen plantings and a cyclone fence on the owner's property. The house is accessed from New Suffolk Avenue by a long private right-of-way and is not visible to neighbors or the street. The scale of the proposed shed is in keeping with the house and other accessory structures on the property and with 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, since no other location is desired, since the shed is intended to be used, Page2- May10,2007 "ZB F~e No. 6011-Alan Sands CTM No. 102-6-24 as testified by the applicant at the hearing, for storage and changing of clothes related to an existing accessory swimming pool use, and needs to be in close proximity to the pool. Moving the shed toward the south would encroach upon an existing brick patio surrounding the swimming pool; further to the west would interfere with existing mature landscaping and not be convenient to the pool; there is an existing accessory shed and trellis to the south of the pool; and placement between the existing house and pool would block open vistas. 3. The variance granted herein is not substantial. Ownedapplicant requests a setback variance of 3.35' or 16.75% of the code required 20', beginning in the northeast corner, along a length of 7 feet of the 18' total length of the proposed shed (38%) at which time the location of the proposed shed along a diagonal property boundary resumes the code required 20' setback. 4. The difficulty has been self-created. 5. 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory shed, 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 Weisman, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, as shown on the survey prepared by Howard W. Young, L. S., dated 11/5/04, updated 1125107 and in diagram with ZBA of date stamp of 2/6107, subject to the following conditions: 1. The shed will remain unheated. 2. The shed will not contain indoor plumbing. That these ZBA conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the dght 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 Oliva Goehringer, Simon, and Weisman. Nay: Chairman Dinizio. This Resolution was duly adopted (4-1). ~ ~. ~ / James Diniz~-Jr., ,C,~airman[ 5/~3~ /2007 Approved for Filing' RECEIVED 2OO7 PLAN ¢ l®xl~ ~N ~ IN... 5NEE;, LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 26, 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 1'1971-0959, on THURSDAY, APRIL 26~ 2007: 9:30 A.M. ALAN SANTOS #6011. Request for a Variance under Section 280-15-B, based on the Building Inspector's December 13, 2006 Notice of Disapproval concerning a proposed shed attached at the side of the dwelling, set back less than 20 feet from property line. Location of Property: 933 New Suffolk Road and private right-of-way, Cutchogue; CTM 102-6-24. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/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 emaih Linda. Kowalski@Town.Southold.ny. us. Dated: March 6, 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 #8319 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald 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 5th dayof April, 2007. Principal Clerk Sworn to before me this 2O07 1! dayof NOTARY PUBLIC-STATE OF NEW YORK Ne. 01-VO610~050 ~Ll~lt~il~d Ih Suffolk County belessthaa35feet from the rear lot tine Location of Proporty: 460 NortiWiew and tl~ lot coverage will e~ce~d the code Drivel Orient; CTM 13-1-5.2. limitation of 20 percent building cover- 11:00 A.M. JOSEPH :(3U~qVI] and ~age. Location of_ Property: 735 Jackson SUSAN BRAVER ~5994. Reqffest for Street, New Suffolk; Crlv111%9-6. Variances under Zonthg ~od~ Section · 10:15 A.M. L~NDAB~ERTANI~o022. .~_0,-~}5; based on th~ B~dilding Inspee- Request for. a yariaur~e~,ungler, S~etions tor s December 11; 2006 Notie~ Of Dis- 280-122A and 28~l~batggl on-apph~ [ an as-6~il~ fence cant's' Jauuar~22~,2007,a~pli~ation re- questi0g a building permit ,togonstruet a p ~.r, ch addition and th¢-Bltildiag,inspec- a from, tot s .Notic0 of Disai~provafala~ag-thui the new addition will 0onstitute an in- ofwhichislea~thanS0fi~et fromthetear Ba~ie~ Road.-Locatiou~of Proporq 10t li~e*atit~ closesJt-lx/mt~at 2960 Light- 1380 Oakwood Drive?Soughola: CTM for a an.~c~ ~?l.~er S~cfion 280-124, _Section 280-?A, 9a~ed on the B~.uilding before the con~lsioa 9f LEGAL NOTICE ~ 0~ ~he 'appli{~l. ts~ request Rn' a hxspectoes Aalgl;st 9.5, 93~0~ Notice'of E~c,h headng,~,fiO[ ~OUTIIOI~IOWNZONING Imfldigg p~mit to. eonSlruct ~ldi~i_ons Dis~p?roval, amend~d March 7, 2007 .... : .i~3°~JfilC-HEARI~S.. ~ Dl~p~.~, amel~ded-March 8, ~007, dwelling at less than 35 feet bom th6 have ituestions,.pl6.as~ ~O~ ]$:HERzER¥ OIVE~;pur- statitl~ ~hcnew c°nat~on~iti be l~e~a westerly ~cont yard 10t lifi~. Lo~ti&n of con[act our offi'~ at (631) 765.-1809, or ~n 267 og tbe~:Law 0aa~40~{~f~vfiom_gae~onttot ~n~facmg Property:WestrSid~ of MontaukAvenue by ~mai Lind~Ko~walaki~rrowmSbutli- al~lpter 280 (Zonhlg), Co~ of th~-- ~taRoa~LLocation of~roperty: and East Si0e of priyate fight-of-way, old. NY. HS hzal~iags~,will be held by the $OUTI-I- 104-12-1L 10:45 A~M. LENNY and RANDEE ZONIN~ BO.~RD OF APPEALS OLD TOWN ZONINO BoARD~OF - 10:05- .A,M. PAUL CACIOPPO API~ALS at the ToWn Hall, 53095 ~6020. l~quest for Valances based on ' ~ Road; EO. Box 1179, S~dutho~, the Build~g Inspector s. Mar~h 6, 2007 New York 1J9714)959, on THURSDAY. amehded Notiee of Disapproval,stating: ~ '" =~ : · '-": ' ~1) under SecfioK280-1~3 the side yard 9:30 A,M. ALAN ~SAFfFO$~o011. :setback sh?ll not be less .than five feet, Request for a Variance under Section~- 'for-the exis~ng accessory cottage, 280-15-B, b~sed on the Building Ins~p~.~e- [~t~o~el~ 16 feet i~ heighI; (2) un'lei toffs Deceinber J.3,200~ N0tic~ ~f D~sT. Section 280-15B, the ~x[sli~g accessood approval concerning a' proposed' s'hed, gorage wilt result i~ a side y~rd~Io"cafion attached at th~ sidg o£ lhe dwelling, set ' instead of a cod¢-reqdixed rear yard; back leas than 2{) feet fr6m ~roperty line. aft~Lthe proposed eonstructioo; (3).the Location of Property: 93~ New~ SufJ[olk pt~p~gl additions to a noncohtorm~g Road and private right-ofrwa~', C9- access&y ~ottage use are not permitted tehogue: CTM 102-6-2A. under Sections 280-13C and 280-121A: -9:35A.M. MARTHAROSENTHAL no ealaxgemem, alteration, extension. ~ff~024. Request for a Vafiancg_ ~_nd~r .r~con~trucfion, or restoration, ,or piEce- Section 280-124, based oa applicam s merit on a different portion ~f the lot request for a building permit and 0xe or parcel of land occupied by such use Bui}ding Inspector's Febmgr~ ~0 2~ oh.the ~ff~gtive date of this chapter nor Not,ce of D~sapprova concermng a pro- shal~ a~y Cxtema credence of tach.use posed addition which wiil be Less than b~ increased by any means whatsoever; 35 feet from the rear lot line. at Mun- (4] under Section 280-124. the ~ natawket Road {north of Fox A'mn~l. additiom and alterations to ~lm Fishers Island: County .Pamel 1D ~o. ~ d~lting are not permitted for DADDONA #6023. Request for a Vari- ance under Section 280-15. based on the applicant's request for a building permit to consLruct a swimming pool. and the Building Inspector's March 9. 2007 No- ti~e of Disapproval for the mason it is proposed in a yard other than the code- req~red rear yard On this 3&538 sq. ft lot with two fronl yards, at 13g0 Calves Neck Road. Southoldi CTM 63-7-25. 10:50 ~,M. AMY and CHRISTO- PHER ASTLEY ~fi004. Request for Variances under Sections 280-10. 280-15. 280-124. 280-116. based on the appli- :ants' reqdest for a building permit and the Building Inspector's December 26. 2006 Notice of l~sappro~algconcerning: JAMES DINIZIO, JR,,.CHAIRMAN By Linda Kowalski 54375 Main Rqad (Office Location) 53095 Main Road (Mm'ling Address) 1~O. Box 1179 Southold. NY 11971-0959 FORS/[ NO. 3 Date: [)ecambel: 13, bantos 5230 Coliseum,~' ~. New Orleans, La. 70ii 5 Please take notice ii, at )'our applicatioa dated December 1, 20 )6 For a permit for an accessory shed at Location of property 933 County Tax Map No. I000 - Section 107. Block 6-- Lot 24 ts returned herewith and disapproved on the lc,!; owing ~ounds: The proposed shed is not pem~itted pursuant to .~<icle III, Section 280-! 5(B) which states: On lots containing in excess ofse~,, ty .',ine thousand nine hundred ninety nine scI. ft., such buildings shall be set back no less than twenty feet from any property line. The existing parcel measm'es 2.2 acres. Upon construction o f the shed the setback xvill be approximately 1 Authorized S~gnature APPLICATION TO TH~OUTHOLD TOWN ZONING BOAO OF APPEALS Fee: $. Office Notes: Filed By: For Office Use Only Date Assigned/Assignment No. FEB 6 ZOt7 Parcel Location: House No.~.~L_ Street ~_~d SCTM 1000 Section/O~BIock bLot(s) ~'] ~/ Lot Size a~9, ~ ~e~ne District I (WE) APPEAL TI~E WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: _~ a. ll~_ IO~. for Applicant/Owner(s): "q'~ ~ A.] '-~,,q- A.,/'~ O..~ Mailing Telephone: NOTE: If applicant is not the owner, state below if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Address: Telephone: Fax: Pie~a~e specify who you wish correspondence to be mailed to, from the above listed names: ~Applieant/Owner(s) [] Authorized Representative [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: Other: 7~ 0 [] Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy ~aehrmnge of Use it for As-Built Construction Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning O~r41inance by numbers. Do not quote the code. Article ' I I L, Section 100- Subsection Type of Appeal. An Appeal is made for: ~3 A Variance to the Zoning Code ox Zoni~g Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation Of th6 Towfi~o~le, Article Section ~Reversal or Other ~ ~',~l t'~./- ~ A prior appeal [] has,~as not been made with respect to this property UNDER Appeal No. Year__.(for current and all prior owners ). REASONS FOR APPEAL (additional sheets mag be used with applicant's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced .in the CHARACTE~R of the neighborhood,or detriment to nearby properties if granted, because. 7'A~ Stgff~ I~ /A//t%-e~,~¢. (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: ..... b i, - t 'l~o ~' '~ The amount~ relief requ' ~ste~is no~subst~t%l becau' ~e% e~ ~ eS., ~.. e~ , ~ ~/~ ~. ~ ~ ~ ~(~) The variance will NOT have an adverse effect br impact on thCphysical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficult~ been self-created? ( )Yes, or (~o. Does this variance involve as-built construction or activity? (xg) Yes, or ( ) No. 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. Check this box ( ) IF A USE VA~P~wA~. CE IS BEING ~I~;~/ESTED, AND PLEA~OM~ETE THE ATTACHED USE VARIANCE SHEET. (Please be~your atto~ /~___.___._~ Swo~ to befo[e me this ~ N~ta~ubli~ ' ' R. CHRISTOPHER MARTIN NOT , #09000 STATE OF LOUISIANA COMMISSION IS cOR LIFE Page 3 of 3 - Appeal Application Part B: REASONS FOR USE VARIANCE (if requeste~: For Each and Every PermlHed Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property Js located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating to the property is unique because: 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: 4. The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This Is the minimum relief necessary, while at the same time preserving and protecting the character o! the neighborhood, and the health, safely and welfare of the community. (Please explain on a separate sheet il necessary.) 7. The spirit of the ordinance will be observed, public safely and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check thls box and complete PART A, Questions on previous page fo apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the ~J~n~ure ~nd no~'ary arecrbelow: Sworn to before me fhls day of .................... 200_. Signature of Appellant or Authorized Agent (Agent must submit Authorization from Owner) (Notary Public) z~ aoo ~ao/o~ QUESTIOblNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subj, ec.~l~remises listed on the real estate market for sale? D Yes ~o B. Are lhele !my,,9~:oposals to change or alter land contom's? [3 Yes ~o C. 1) ~M'c there any areas that contain wetland ~asses? ff~ 2) &'c the wetland areas shown on the map submi~ed with this application? ~ 3) Is the propmW bul~eaded be~een the wetlands area and the upland building area? 4) If your proper~ con~ns wetlands or pond areas, have you contacted the office of the q'own Trustees for its determination of jurisdiction? _ inquiry or applicat on with the Trustees: ____Please confhqn stat~s of your D. Is the~e a depression or sloping ~/lv4ation near the area of proposed const~a~ction at or below five feet above mean sea level? E. Are there any patios, concrete bamers, bulkheads or ~c;s that exist and are not on the survey map that you are submi¢ing? (Please show area of these ,stn~c~ures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do yon have any cons[1xlotion talcing place at this time concerning your premises? ,~ If yes, please submit a copy of your building permit and map as approved by the Building 13epartment and describe: G. Dc) you or any co-owner also own other land close to th~s parce ? If yes, please label thc proximity of your lands on your map with this application. present use or operations conducted at this arcel and proposed use ~nples/istin~iSe-family~vos ed: same witch~ garage,) APPLICANT'S PROJECT DESCRIPTION I. For Demolition of Existing Building Areas Please describe areas being removed: (For ZBA Reference) Date Prepared: II. New Cot~struction Areas (New Dwellin~ or New Additions/Extensions): Dimensions offirst floor extension: ,~l~O ~Ra ~ ~ C~l~ Dimensions of new second floor: ~. ! ~ ' Dimensions of floor above second level: ~ . Height (from finished ground to top of ridge): /t~ ~0 ~-o ¥~ O o ~ L~ I is basement or lowest floor area being constructed? I]~y~s, please, provide ~eight (above ground) measured from natural existing grade to first floor: AJ O \¢Proposed Alterations or Inter Structural Changes without e~llargement/extension ~tt~h extra sheet if necessary) - Please de'~be building area~:. ~ {qumber of Floors and General Character~~,~.~t~rations: ~ Number of Floors and Changes WITH,,~[~'t'ons: ,.,,- IV.Calculations of building areas and lot coverage (from snrvevor)' Existing square footageofbuildingsonyourproperty: /{o~/f ~-~ ~ Proposed increase of building coverage: / Square footage of your lot: ,~0. o'~ ¢9 ~ ~'/" / X~'~- rZ -e,4- ~, -~ , p · · O ercentage of coverage of your lot by bmldmg area: ~j[ ~k,~ k~O0c-~e4 .~ [ee,{?:¥ V..PurposeofNewConstructionRequested.' //~ ~- /~e }~/4x.~ VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2025~ 1/2006 APPLI_. _T_ _P~ACTIONAL DISCLOSURE FORM UABLE TO OWNER, CONTRACT VENDEE AND AGENT: The Town of Southold's Code ~c ~,,-. ,., ,~-,~tmcs promoits conflicts of interest on the part of Town officers and employees. The purpose of this ..... form is to provide reformation, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. . ,,g-.z..4-, C (Last name, first nameZ ~iddle ini-tial,t'unless yo~lying i~ t~e name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATUi~ OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"O ....... ruer name the activity: 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? .... ,, · Relat~ includes b~ blood mama e or b_usiness interest_. "Business inter~_est" means~a business~includ~n~g~a ap_~.rtuership, in which the Town officer or em~ployee h~as even a partial ow~ of (or ~rporatio[-in which the T~o~L~ or em_plo~ee owns more than~ 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 that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship 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 than 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 nonqcorporate entity (when the applicant is not a corporation); C ~ ) an officer, director, parmcr, or employee of the applicant; or __ D) the actual applicant. DESCKIPTION OF RELATIONSHIP 9 Submitted th.j~ Signature: 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - Project Information (To be complete by Applicant or Project sponsor) 1. Applicant / Sponsor 2. Project Name 3. Project location: Municipa~tiy Coun(y 4. ~rodse Io~lion ~troot address aha roaa inte~e~ons, omm~nant landmass, otc. or provide ma~) 5, Is proposed action: (,,~2¢[qEW ( ) EXPANSION ( ) MODIFICATION/ALTERATION 6. Descdbe project bdefiy: /coo.t_ ~t~[ 7. Amount of land affected: ~ ~-t acres; Ultimately: _ .acres $. Will proposed action comply with existing or other existing land use restrictions:( t.~S' / ( ) NO If No, descdbe bdefly: 9. W~C~s present land use in vicinity of prelect: (describe):. I(l.~esidential ( ) Industrial ( ) Commercial ( ~CAgncultural ( ) PaddForestiOpen Space ) Other 10. Does action involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, State or Local) ? ( ) YES ~0 If Yes, list agency(s) and permil/approvals: 11. Does any aspect of the action have a currently valid permit or approval? ( ) YES (.~O tf Yes, llst agency(s) and permit/approvals: t2, As a result ~f.~%~msed acton, will existing permit/approval require modification,? ( ) YES ( ~¢NO If Yes, list agency(s) and permilJapprovals: / certify that the information provided above is true to the best of my kn, owledge s.q¢_ .. / i_ IA,P,,can,, Date:z ff the action i~ in the ~astal ~& and you ~state ag~ncB complete the Coastal A$socsmenf ¢0~ before proceeding with Town of South old LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfi'ont Consistency Review Law. Ttfis 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, 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). It' 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 necessary, 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 thc LWRP policy standards and conditions, it shall not be tmdertaken. 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 Plamfing Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application~n submitted to (check appropriate response): TownBoard ~ Planning Board[-'] Building Dept. [] BoardofTrustees 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) (5, el~rn~if, approval, license, certi~6'ationi ..... ~---- ~----- Nature and extent of action: · Location of action: Site acreage:. Present land use: ~ff.~ Present zoning classification:~.~.~~ If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (c) Telephone nmnber: Area Code ( ) (d) Application number, if any: Will the actio~ectly undertaken, require funding, or approval by a state or federal Yes [] No [g~t I.fyes, which state or federal agency?, agency? C. 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. ~Not V-]Yes ~-q No Applicable Attach additional sheets if necessary PO clFey2..Pro~ect-a~d~re~v~ hisl~[~-h~d arcliaeo ologi~! resources oq' th-~-T0~fi o~f~T0ut~n-fld~. See LWR~ ~} Section 111 - Policies Pa~,~,4 3 !hr0ugh 6 for evaluation cri[_er~ia ~: Yes :~ ~ Not Applicable - _ Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Sonthold. See LWRP Section III - Policie~ages 6 through 7 for evaluation criteria ~ Yes ~-] NocNn/[_~ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of lif~ structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Page~ through 16 for evaluation criteria ['~ Yes [--] No~t~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 th~ for evaluation criteria [~ Yes ~ No[k~l/N4Not Applicable 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 S_ection III- P_ oli~c_ie~sLPages 22 thr~h-g-~-32 for ~v~i-a~i~n.cri-t~'i'ia. II No Not Appli~hbl~ Attach additional sheets if necessary Policy 7. Protect and improve air quality iu the Town of Southold. See LWRP Section III - Policies Pages 32 through 32fo~y~aluation criteria. ~ Yes ~-]/No ~ Not Applicable Attach additiOnal sheets if necessary Policy 8. Minimize enviromnental 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. [] Xes ~-] No ~ffNot Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the To~vn of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~Not [] Yes[~] No Applicable Attach additional sheets if necessary .XNOP~NG COAST POLICIES Policy 10. Protect South/old's water-dependent uses and promote siting of new water-dependent suitable locations. See//LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria, uses in [] Y~S ~ NOr~(L~ No~ ~PPli~abl~ - Al~ach additional sheets if necessary Policy 11. Promote sustai/n~oTe use of living marine resources in Long Island Soun,d., the Pec.onic Estuary and Town waters~RP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~] Yes ~-~ No L~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricnlt~_ 1 l. ands in the Town' of Southold. See LWRP Section III - 62 thrOugh 65 for ev~criteila. Policies; Pages [] Yes ['--] No ~)Not Apphcable A~tach additional sheets if necessary Policy 13. Promote approflyriate use and development of energy and mineral resources. See LWRP Section III- Polici. es; Pa~s 65 through 68 for evaluation criteria. [~ Yes ~ NoI-'~/[~ N°t ~Applicable 'CraaTed on 5/25/~5 ii.'20 AM PROPERTY RECORD CARD VILLAGE SUB. LOT ACR, w .TYPE OF BUll.DING RES. ? / LAND 'ritlable R-C~NTAGE ON WATER Wo(xtland .............. ....................... FRONTAGE ON ROAD Meadowlond DEPTH House Plot t .... ] /~ t, BULKHEAD ,~ xteqsion j I Basement ' ~-~ *~,*.¢¢' 't Floors orcr~ e- Patio eJ )eck c~ {reezewa f)rivewa¥ Attic Rooms 1st Floor Rooms 2nd Floor Red ~rop~rty SO~¥HOLD 101 102 ~[OV~ h (}14' SOUI'HO1 J) B~,qLDI;NG DEPAR'I MENT TOxAN IIALL SOUTI!OLD~NY II071 TEl,: ~631) 765-1802 V~X: (63 I) 705;0502 ~ w. uorthfi~rk.net/Snulhoht/ PLRMI1 NO. BUILDING PERI APPLICATION CHECKLIST i , Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval SurveZ Check Septic Form Trustees Mail to: Phone: Building Inspector oEr; t '"' APPLICATION FOR BUILDING PERMIT . . I Date 2O INSTRUCTIONS I hr, amqicali~,d ;~ Il !S] t~e uont.)lclcly li[led bt by ty.'pe;v~ter or m ink add submitted to the Building Inspector with 4 -cl 'q ~IU1P,. ~ICCHI~de Dt,~ Olall [o scale. Fcc acc ~rding lo schedule ;' ['inl ol;~I~ shoxx ira. h,catiou of lot and of buildings on premises, relationslfip to adjoining promises or public streets or , . I'ho wo~ k o¢,x t,~ ed b5 this applicalion mOy not be commenced befbm issuance of Building Pemfit. d. ~ Ipon apprux al ol dfi:; applicati,m, flw Building fnlpector will issue a Bnilding Pemfit to the applicant. Such a permit JmJI l,c kept on thc prem/,~t:s available Ib~ 'inspcclion throughout the work. c No buildinu qmll h, ,x:cupicd or used in whole or in pa~ lbr any purpose what so ever until the Building Inspector F l%er5 bu ilding permit shall expire i f dte work amhorized has not co~nenced within 12 months after the date of u.-,e o~ has n.l hcen complelcd wilhin Ix mmllhs from snch date. lCno zoning amendments or other regulations affecting the Pr~qw! P, h:%o been cuacled in fi~o hdermk the lhriklhag Nspector may aathorige, iu writing, d~e extension of Ibc pe~it for an ,ddi~ion six mond~s, q herca~i~q', a new permit shall be required. 5PPl [CAq ION IS HER I!BY MADE lo ll~e Building Department for d~e issuance of a Building Pe~it pursuit to the Buildhlq Zone Ordinat~cc ollbe F{>xvu of Smdho[d, Suflb/k County, New York, and other applicable Laws, Ordinances or ~:e?uiqqnus. lb~ t!~e consm~ctnm of buildings, addilions, or alterations or lbr remov{d or demolition as herein described. The appH~ vw ugrees ~o cou~ply wid~ all applicable bws, ordinances, building code, housing code, and regulalions, and to admit iilll hel i.cd in~pcclors ~m t~rcm~scs and in buihlina fi,r necessary inspections. '~re of applican~e, if a coworation) - {Mailing address of a~plic~t) State ,x hdhcr applicanl J8 oxx ncr. lessee, agcnl, urchitect, engineer, general contractor, electrician, plumber or builder (As on the tax roll or latest deed) !t ~ mlicant is a corpora0{m, siguatn 'e of duly authorized officer INtone ami title ot c-rlx~rate officer) Number ~h'ecI lhnnlet d Co!mtvTax Mt~p, No. t000 Sect/on EO ~ Block O ~I~,:t>,g~.~[~p~5~~ 'mhd/xisiou ............. ~_.7"-- ---~ .... Filed Map No.~~'" ~ S~ate eXi~,~ting use and occupancy of premises ~nd intended use an~t occupancy of proposed ~0hstmcti6n: ' Uamm of wi rk (check which applicable): Ne~ Bbilding ~ Addition Alteration Rep:fir ........... Removal ..... Demolition .... Other Work · 4. aimated Costf 3_, 2 ...... * ltd eliing be Fdx Ilh~ /it If garage, number of cars ~ Fee :, (,D~s~ription) (To he paid on ..... ' fihng tins ~tpphcatmn) Number of dWelling nnits on eacli floor ' ~' 6. t business, connnercJal or mixed occupancy, specify nature and extent of each type ot'u~e,; 7. Dimensions ofexisfina struch.'es, iFanv: Front Rear :.' ~Dep~h. Heic ht ....................... Number of Stories I '. ith alt~r~i~ront g. I>imensi6usofentire nexx coustruction: Front /~ ' Rear 5 H<4gbt__,~Z ...... Number o~ Stories /, !} "' . t,. Sizcoflot:Fron[_. ~O~,_ ~___Rear R ~,~¢ _Depth ~ >~. O 0 / ! l. Zm~e or use district in which pren]ises arc situated ~/~ ~'~//~ ~ Docs proposed construc!ion violate any zoning law, ordinance or regulation'? YES ,O,w 3rzr',t b'e- , . W:( lot be re-~radedV YES NO tWill excess fill be removed from premtses. YES NO Names of Owner ofpmmises~Z~ ~Address~O~Z~ ~hone N0. Name of Architect Address Phone N0 Name of Contractor Address Phone No: this property within I O0 feet of a tidal wetland or a freshwater wetlaod. *YES zS SOUTHOLD TOWN TRUS FEES & D.E.C. PERMITS MAY BE REQUIRED. this properly :within 300 tbet of a tidal wetland? * YES NO 5q;%, D.E.C. PERMITS MAY BE REQUIRED. l 6. [h ovide survey, to scale, wifl~ accurate [bundation phm and distances to p~:opettv lines. NO 17. If elevation at ai%' poiut ,:,n property is al 10 feet or below, must provide topographical data on survey. /-k[(,L_t~.._~.~__. a_F},_¢~ ........ being duly sw0rn, deposes and says thai (s)he is the applicant f? kunc ,~f individual signing conh'acl) above named, (S)tle is the t(:,.mtlacim,/\gent, Corporate Officer, etc.) said mvne!"or owners, and is duly authel ized to perfblln or have perf'mTaed the saM work and to make and file this application; flint :d} sm!ements contained in this application arc true to the best of his knowledge m~d belieF; and that the work will be peril, mc, in the lnallllel~sCl G)llh in lhe application llled therewith. before me this Notary Publi~ Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 May o~, 2007 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Mr. Alan Santos 5230 Coliseum Street New Orleans, Louisiana 70115 Re: File No. 6011 - Alan Santos Dear Mr. Santos: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at our May 10, 2007 Meeting. Before commencing construction activities, please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. You may want to furnish a supplemental copy of the enclosed when submitting additional documentation requested of the Building Department. I have also today furnished a copy of the enclosed decision to the Building Department for their records. Thank you. Very truly yours, Encl. L,4~ ¢4.~ ~ £7' ~ ~) Copy of Decision to: Building Department Dnda Kowalski Kowalski, Linda Page 1 of 1 From: obanesdoc@aol.com Sent: Wednesday, May 02, 2007 10:24 AM To: Kowalski, Linda Cc: OBAnesDoc Sub]ect:~ Linda, Thank you - I just got back today. The height measured from the base to the highest ridge is no more than 12 feet. Do you need me to FAX a letter also? If so - what FAX number. Thanks for all your help, Alan ..... Original Message ..... From: Linda. Kowalski@town.southold.ny.us To: obanesdoc@aol.com Sent: Wed, 2 May 2007 8:51 AH Subject: ZBA Santos Variance request # 6011 Dear Mr. Santos: I hope you don't mind the email, this can be so much easier than telephone calls at times. One of the Board Members asked if you called in the height for the shed, measured from ground to the highest point of ridge. I didn't receive any Message from others in our office (perhaps you did call and left a message with Jayne, who only works 2 days a week). The Members want to prepare their drafts in preparation for the May 10th meeting. If you need more time, that will be fine. Then the decision would carry over to the following meeting on May 31st. Thank you, Linda Kowalski ZBA Office Location: 54375 Main Road (NFB 1st Floor) Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 (ext. 5011 at voice recording) fax (631) 765-9064 AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com. 5/2/2007 U S FEB 8 2O07 Young & Young LOT TOTAL NOTE 5U~VE'YO~'5 GERTIPIGATION 5UR",/E'T' ALAN 5ANT05 A~ Gu~choc]um, Town of 5ou~holcl Suffolk Oounf,~, N~v~ 'r'ork [ BUILDINg' PEt~,.NflT SUt~Vt~¥ ] IBP