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Home My WebLink About6109 b::r..Ack M1fiSj' 61P ;?1l1 .L~E7DO 'u!) 60JJ1..DL!J-- If ~/o9 - kE.bCt'fIt::/ /t'b':o7i7aa:!/l-I.JEb'tIlZJC:15 Sf} - cJ Of) -II f:" It. (). - AS /Ju I I:T ?>Ec};S -r/ - &,1) I FRoffl Ok'1/DItRY /" Gh iDltlER- J111J~ PIf /1,)<jjot {JAA af'7/oi ~ ~ APPEALS BOARD MEMBERS Ruth D. Oliva, Gerard P. Goehringer , Chairman James Dinizio, Jr. Michael A. Simon . . Leslie Kanes Weisman Mailin~ Address: Southold Town Hall 53095 Main Road' P.O. Box 1179 Southold, NY 11971-0959 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 ~EC IVEO 4-' TOWN OF SOUTHOLD - 'i) - I ~ Tel. (631) 765-1809' Fax (631) 765-9064 ... 1 0 ~ FINDINGS, DELIBERATIONS AND DETERMINATIO~O~ MEETING OF FEBRUARY 7 2008 Soulto!d Town (ler' , ZB # 6109 - MISSY DIACK Location of Property: 1840 Leeton Drive, Southold CTM 58-2-11 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. 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 December 10, 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. BASIS OF APPLICATION: Zoning Code Section 280-116A.3, based on the Building Inspector's October 11, 2007 Notice of Disapproval, amended January 17, 2008, concerning a proposed relocation of a dwelling and new additions and alterations adjacent to the Long Island Sound. ZONING CHAPTER 280 OF TOWN CODE (formerlv Chapter 1001: Zoning Code Section 280-116 A.2 states that all buildings and structures located on lots adjacent to the sound shall be set back no less than 100 feet from the ordinary high watermark of said sound. LWRP DETERMINATION: The applicant is requesting a variance to relocate an existing single-family dwelling landward and to construct an addition to be located 80' from the wetlands boundary for an as-built porch and deck set back less than 75 feet from the bulkhead. Pursuant to the procedures under Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards, a letter was issued by LWRP on January 9, 2008 with recommendations related to inconsistencies for construction at less than 100 feet from the wetland line. Chapter 275-3 requires a minimum of 100 feet, and compliance with Trustee regulations and recommendations set forth in Trustee Permit Conditions. In addition, a minimum setback requirement of 100 feet measured from the top of the bank adjacent to the Long Island Sound is required under Chapter 280. Recommendations under LWRP to mitigate these concerns are addressed in a January 25, 2008 letter issued by the Suffolk County Soil and , . . . Page 2 - February 7, 2008 ZBA #6109 - Missy Diack CTM 58-2-11 Water District, part of the record under ZBA #6109 and received by the applicant's agent, Recommendations include proposed non-turf plantings, placement of hay bales during construction, and permanent installation of gutters and downspouts running into storm- water basins. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 24, 2008, 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: Applicant proposes relocation of an existing one-story 25 ft. by 28 ft. dwelling, 22 feet landward from its current site, removal of a 13' x 14' wood deck currently attached at the seaward side of the dwelling, addition of a 16' by 32' deck, and addition of a 17' x 35' extension eastward of the existing house, as shown on the September 24, 2007 revised site survey prepared by Peconic Surveyors, P.C. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law !i267-b(3)(b)(3)(l). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The result of relocating the house will increase its distance from the wetlands boundary from 53' to 80' for the house and 64 feet for the deck from the same boundary. 2. Town Law !i267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Code requirements would yield a building envelope 20 feet in depth. 3. Town Law !i267-b(3)(b)(3). The variance requested herein is not substantiaL Granting the relief sought concerning this existing nonconforming house will amount to an increase in the setback from the sound for more conformity. 4. Town Law !i267-b(3)(b)(5). The difficulty has not been self created. It IS a consequence of zoning restrictions enacted subsequent to establishment of the lot. 5. Town Law !i267-b(3)(b)(4). 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. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefits of the above, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. . . . . Page 3 - February 7, 2008 ZBA #6109 - Missy Diack CTM 58-2-11 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 Dinizio, and duly carried, to GRANT the variance as applied for, as shown on Plans prepared by Eileen Santora Residential Designer and certified by Joseph Fischetti, P.E. (pages 1 and 3 dated 12- 6-06, Page 2 dated 3-18-07, Page 4 dated 3-22-07, Page 5 dated 6-2-05), and shown on September 24, 2007 revised site survey prepared by Peconic Surveyors, P.C. 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 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 Oliva (Vice Chairwoman), Dinizio, and Weisman. Chairman Goehringer and Member Simon were absent. This Resolution was duly adopted (3-0). G~ ~\, RUTH D. OLIVA, Vice Chairwoman Approved for Filing /08 {iv k--- _ ( ~. '!;;..4/0 f- ~Zt3,4 ~. ' o p-IJ ,. (~ af~c-~~1/Ylt:LJ ) FORM NO. 3 (rrv. ~ f-6 -t..1J, .U e f-I tJJ /01 , ../ NOTICE OF DISAPPROVAL il3;bl~4 ~pjJ . j(1/- /7 DATE: October 11, 2007 AMENDED: January 17, 2008 - TO: Suffolk Environmental Consulting (Diack) PO Box 2003 Bridgehampton, NY 11932 Please take notice that your application dated September 25, 2007 For permit to relocate and make additions and alterations to an existing single familv dwelling at Location of property 1840 Leeton Drive. Southold. NY County Tax Map No, 1000 - Section 58 Block.l Lot-1l Is returned herewith and disapproved on the following grounds: The proposed construction. on this non-conforming 11.690 square foot parcel in the R-40 District. is not permitted pursuant is not permitted pursuant to Article XXII. Section 200-116.A.2.. which states. "Except as otherwise provided in Subsection A( I ) hereof. all buildings or structures located on lots adiacent to the sound shall be setback not less than 100 feet from the ordinary high watermark of said sound. " +/- 60 feet from the ordin hi h water mark at the closest oint roval was amended on Janua 17 2008 to correct an error. / / / cc: file, Z,RA Note to Applicant: Any deviation to the above referenced application may require additional review from the Southold Town Building Department. V~J . ANY AL TEIIA TION OR ADDITION TO THIS SUflVEY IS A VIOLA nON Of SECTION 7209 OF THE NEW YOIlK STATE EDUCATION LA II: EXCEI'T AS PER SECTION 7209-SUBOiVIS10N 2. ALL CERTIFICA 'noNS ffERfON ARE VALID FOfl THIS /.iAJ> ANI> COPIE.S THEREOF OM. Y IF SAD MAl' OIl COPIES SEAR THE JJJl'flf.SSED SEAL OF THE SURVEYOR WHI)SE SlliNA TURE Afft.t4f1S HEREON. ADDITIONALL Y TO COWL Y WITH SAID LAW THE TEf/J.I 'AL TEflf.D Br lIV~r #, W(J) ~r Atlr ANP A~~ ~vflvnofl~ VTI./ZIt/(i A C!)fY OF ANQTHEIl S/JIVEYOf/'S /oIAP. TEfI/oIS SUCH AS '/IISI'ECTED' ANI> 'BROUGHT' TO-DA rE' AflE NOT IN CO/JP~IANCE WITH THE ~A w. Co<>-.Ic,.J erOSlo'? . 1-10:7-<>-"0'- ""?e Ol Ol '<i 10 - - 1U<./lJJ, ~ f.;: Ct::: a - (,) .... ~ ..... t! ct ~ ." aa " -l:l -; ;) ~ ..... k ,~ 0 ~ LONG ISLAND SOUND - 75.02' i~ N. 44'/5'00' E. rr: ~ Cc,..H vE ~/15 70"'. 'f.' tTO~ 6U..1QOP Z 01'1 E. I\!0 lei ~ II) Ir'O()P ~ l . T , '--, '- / ~, r ~ \ i , , .. l , .-" .- .-" , / / ./ . \ \ :J ,~\ -- <n , . , , 'I> -~- -I \ . \ I ~I I I 32 I I ~. .,fro'p . d>,<=c.;::" .~ I , , ~ , prop 1,1) t!:- 01 ho.Xbc,)(:!> '_/ / .-" 10- .-- . 7"" 'l'T I I / I I II. / \'" I .. I ru- I STY. F. HSE. fo b~.rt:/c.;t.:.a / re.;' AS: , ..... _ _ ..:I,,---J II; t: Pe/oc.o..'hc>l- I 1'/1) ,Ik..d IS-'-I Ze , , ,0 \"'. '- " f,op Ad.c>L; t. '" ~ "/~ .\) J1 h , / <I. ~..~ I' I 17... JT---w,\~~ - '\ .. - " -- l' 'IT ;:;ro/?' Jf""o.vel \ cU'/V~ (per}t'lO"~ . ~ I 8"", '- . C) t'1 'It -i'1~ 'It 'It <: I , I I . . I 20 :J, ./ ~ -- ..-I I I I ~ t I I . 10 T',u ~?" e.. Drop . 'l-cta.'{1//J "'oJ' "'I Go." WtJ.// /"0" o{-f Il 75.00' S. 45'35'30' W. LEETON DRIVE tll ci>3 (PUBLIC WA TER IN STREETJ o<.we/I /ng oS (pvb/1c wo..ler) SURVEY OF PROPERTY AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NY. 1000 - 58 - 02 - 11 SCALE, 7/1 = 20' AUG. 79, 1998 AUG 25, 2005 (TOPO) (PROP. HSE) ::>VN.E. b. ZC07 ( f>~0/". Af)[)IT ) JUL Y II,' 2007 (revisions) AUG. '7.J 2007 (COASTAL eROS/Q/V H.1ZAF,'1J U/VE:] SEPT. "'4. 2007i DW. I!. HAYBALf:SI 13' fn f.;: ~ ~ .... ~ \J ';. .-..J <l ~ lli .\J .:....-10 aa , '- .q :;) tj ~ l.!, "' () ~ I.J Qa !.'"> 'It ~ 'It 'It iii ~ lQ \ri 10 - el7 e/ ~.S -u.x...."'" 1/ NOTE' SUBSURFACE SEWAGE DISPOSAL :,YSTEM DESIGN BY' JOSEPH FISCHETTI, PE. HOBART ROAD SOUTHOLD, N. Y. 1/971 (63/1 765 - 2954 HOUSC ,. E. af 5 nr n ... oL ...5 eUJ -...., .... oI.'IU _ 6IIAOC 4"__ RET. IE. 11.0 EfO.5 GRCX..MJ WA TER EL ,J.':L PO:_. C_.USTf'O PROPOSED SEWAGE DISPOSAL SlS'EV 5 POOLS _ WITH CLf:AN SAND 3' COLLAFi. 100C' CeL. PREOS, CONCRETE SEPTIC TANK BOTTO'" OF 3 LEACrlINC POOLS TO BE 2' ABove GROUNDWA TEfl- CROSS SECTION SEPnC SYSTEM -'s- . r- 1II1 ""Vi/I "ll/ I 1" TOP .A.....-=-~iLE6 :~--- '5 REBAR AT r8" i tHORfZJ tt) i iii' ~I ~, #5 FeBAR AT IO~ i fVVfTl ! J' I GRAD< VAW" 1///'-'\//// -\\/;-1.' - J'/ ,- -\ -",., l S:=J I'" "_.J. --1._ 42' I ~AR e" eACH WAY N rOOTHG 48~ #5 DOWEl . 10. - I ic- <;> NOTE' I. CONCflETE TO BE 3000 psI 2. STEEL TO BE 60 hi 3.ENGlNEER TO CE:RTIFY THE FINAL-CONSTRUCTION OF . THE RETAINING WALL AS REOUlRED BY TIC HEAL TH 'DEPT. . ENGINEER TU BE CALLED TO INSPECT THE flEINFORCING BEFOflE PLACEME"T OF CONCRETE 1800' , , a 6 ct ~ ~ ~ ~ ~ IRl ~rc;~n"'~lQ) NOV 1 4 ~i ~&Ilfj BOARD OF APPEALS FINAL .1AP REVieWED BY ZBA .... 1)EcISION # iu..ll- DIfED-.d/+f~ rES r BOR/NG BY McDONALD GEOSCIENCE 0' EL. 7 2' . u BR. SIL TY SAND SM PALE BR. FINE TO COARSE: 3.5 ~~, SAND SW FLOOD lONES FROM FIRM MAP NO. 36103CO/54 G oA TED MA Y 4, /998 [LEVA TlONS ARE REFERENCED TO NGVD. AREA = 11,690 sq. ft. to tie line COASTAL EROSION HAZARD LINE FROM COASTAL EROSION HAZARD AREA MAP Photo # 56-566-83 WA n:R IN PALE BR. FINE 70 COARSE SAND SW 4/17/07 PROPOSED- 2 - DRYWELlS 6"' . !j' DEEP 98-254 7):CAck Ii1 /fiSy? 67? lEU?) lEE/DO 'tI) 6oZJJ-h.f)[/j ___nn . If ~/o9 - ;(EhCt1It::/ 11'D)/lizv!ttDEb97!zx::;6 $~ - cJlYO -jib, ,,4, J - AS/3u,J:l''bEc)::.'5 -rj-&,l) / HOff) Ok'D/DARY h. Gh i.OltlEL J11j}RJ:.. PI:! /1')'1/0~ {JAA af'7J(;( .~ ',I! Ifl!l@j,;' ~ " I, Ie ,! DIA CK~PtopertN; ,::::::: ttUUIUltllHlIllplm ~~~mll Situate: 1840 Leetl)fl Drive; TownofSouthold, New Yor.k ." '''lltV ,. ,If ::' tl!fI SCTM #: "10p0-058 -oS! -011 lii."lIll!I~!~f i,!!!!'" . PROPOSED DWELLING (w/decking) . /" I"" .' ... . I ,..&.......-- ..J"~ . ", . . -" .. ( ~ .. -I. ,. J ---- ~- .. .. 'Pr ---.., ... .. f' " . I ( ... !~. ~I 3' l~ ~. . " .' ..- .. - II .. .1; 1.r1" , - I - ... ,~ ... r~ . , t".: , . . Cil i I '. -II . ....:;; ~H!I ,ill, 1m S UFFO LK E NV IR 0 NME NT":AL '!i:CO NS UL T IN G, lJIll!m !lijljlfiiilmill m,l! . :ilj~ ~I!. jiilmr.lm, P.O. Box 2008 - BrldgehamptolJ.'%ri~New,a~lgr,~ - 11982 (68~) 587 - 5160 (office) - (681) ~,~~, - 5~,~1 (facsimile) IW '" " IuNe. imHlllJi,!!IR !!!i iIIill!lUnl ,nnm mil ~1I1:1!I[ ~lIIiiJiiHh, ~~ r~ . i tl . "':' - " ~ \'/}I )!'o " , ,I I' "r I ". I ,~ J .., t '1',:, ' ""f. :.L;tlf lLill"II!l' .;- ';-'1 '1 ,L_'<' _ '- .o:..u.L.'-" I"~l Ml'l!'l, ~ll.. j, II ,-""'--- ~,.. ~ ml iJllIH! ,- , .. - '~ Photo showing a graphic representation of the proposed dwelling to be relocated, the proposed addition, the proposed decking and the proposed gravel driveway. Please note that all structure seaward of the proposed dwelling, save for the wood plat adjacent to the bulkhead, will be removed/relocated as part of this application. Please also note the proposed dwelling size and siting compared to existing surrounding development. As can be seen, said dwelling is comparable in size, and is located further landward than . . APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of South old's Code of Ethics Drohibits conflicts of interest on the Dart of Town officers and emDlovees. The DUfOOse of this form is to orovide information. which can alert the Town ofDossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Diaek. Missv (Last name, first name, middle initial, wtless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activity Do yon personally, (or throngh your company, spouse, sibling, parent or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" inclndes by blood, marriage, or business interest. "Bnsiness Interest" means a bnsiness, inclnding a partnership, in which the Town offieer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of Person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D and or describe the relationship in the space provided. A) the owner of greater than 5% of the shares of the corporate stock oethe applicant (when the applicant is a corporation) ; B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) ; C) an officer, director, partner or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP ~ :=:/t;lW ;lP~ Print Name: . , " "-.._u \,j c'.=il:Y APPLICATION TO THE SOUTHOLD TOWN BOARD OF PP~At~ 1 4 i007 jP(,/z>~ BOARD OF A PEALS ( - JOT Office Use Only Fee: $ tJcD, ---Filed By 'n-cv.R . Date AssignedlAssignmen '-. Office NotdP G..J( 00 ~',cC' ",t-j.e> ~cO (.,l\s,\-LJ (~,J\ l"f, -h B~ fb'AW.~)' \ ,I V Parcel Location: House No. 1840 Street Leeton Drive Hamlet Southold SCTM 1000 Section 58 Block 02 Lot(s).!!.Lot Size 11,690 SQ, ft, Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: October 11th. 2007 ApplicantlOwner(s): Missv Diack Mailing Address: 1840 Leeton Drive: Southold. NY 11971 Telephone: (631) 765-2306 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee. etc. Authorized Representative: William .I. Lohn- Suffolk Environmental ConsultiDl!. Inc. Address: P.O. Box 2003: Bridl!ehamuton. NY 11932 Telephone: 631.537.5160 Please specify who you wish correspondence to be mailed to, from the above listed names: D ApplicantlOwner(s) [8] Authorized Representative D Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED Seutember 24th. 2007 FOR: [8] Building Permit D Certificate of Occupancy D Pre-Certificate of Occupancy D Change of Use D Permit for As-Built Construction D Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article: XXII Section: 280 Subsection:116.A.2 Section: Subsection: Type of Appeal. An Appeal is made for: [8] A Variance to the Zouing 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 D has [8] has not been made with respect to this property UNDER Appeal No._ Year . . Part A. AREA VARIANCE REASONS (attach extra sheet needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: The subject parcel is located in an R-40 Zone and contains 11,690 SF. Said parcei. along with all of the surrounding iots on Leeton Drive. are drastically undersized with respect to dimensional requirements. The neighbarhood is currently comprised of similarly, if not larger single family dwellings situated as close, if not closer to the bulkheaded shoreline In addition, the instont proposal calls for the relocation of the existing dwelling 22' landward from its current position, and the installation of a coded sanitary system in a conforming location. Therefare, the granting of this variance will not cause an undesirable change in the character of the neighborhood. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The benefit sought by the applicant is to construct a modest addition to a small beach bungalow in order to increase living space. The subject parcel. along with all of the surrounding lots on Leeton Drive. are drastically undersized with respect to dimensional requirements rendering it impossible for development to meet the requisite setbacks from the bulkheaded shoreline, because a lot of this size, according to 3280-124.8, has a requisite front yard setback of 35'. This combined with the requisite 100' bulkhead setback yields a building envelope that is 20' deep. This is an unworkable dimension for a dwelling, and could in no way afford the property owner the desired modest expansion Therefore, the benefit sought by the applicant in requesting bulkhead setback relief cannot be achieved by any other means than the granting of the requested relief. (3) The amount of relief requested is not substantial because: No. The 40' of relief requested from 3 280.116A2 is not substantial. The subject parcel is approximately 155' deep. The requisite bulkhead and front yard setbacks yield a 20' deep building envelope which is not a workable dimension for a dwelling. The existing dwelling is being relocated 22' landward from its current position which will place it more landward than any other existing dwelling on the seaward side of Leeton Drive. Accordingly, the applicant respectfully submits that the requested relief is not substantial. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The granting of the variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood considering that the proposed dwelling is typical of the surrounding improvements which have been shown to have no negative impacts to the physical and/or environmental well-being of the area. In addition, the proposed single family dwelling resulting from the relocation and addition is consistent in size, siting and design with the neighboring improvements. Further, the existing dwelling has existed harmoniously with the neighborhood for years with less conforming setbacks and it has not adversely affected the physical and/or environmentai conditions in the neighborhood. In addition, the resultant dwelling will be served by a coded sanitary system in a conforming location. Therefore, the granting of this variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. (5) Has the variance been self created? ( ) Yes, or ( X ) No. If not, is the construction existing, as built? ( ) Yes, or ( X ) No. The hardship is not self-created, but rather created by the Town through the implementation zoning restrictions which are difficult for pre-existing non-conforming improved lots to comply with in a reasonable manner. (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) The intended goal of constructing the new dwelling and the dimensional constraints of the lot make it difficult to construct in a conforming location without placing an undue burden on the applicant. 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 e, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise. Dlease Droceed to the sianature and notarY area below. 5'" Sworn to before me this I , 200...2..- . (Agent must submit Authorization from Owner) (Notary Public) Matthew D. Ivans Notary Public of New York No. 011V60538S9 Qualified in Suffolk County Commission Expires January 22, 20 iI ZBA App 9/30102 Page 2 of 3 - Appeal Application Part B: REASONS FOR USE VARIANCE (if reauested): NI A For Each and Every Permitted 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 is 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 of the neighborhood, and the health, safety and welfare of the community (Please explain on a separate sheet if necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise. Dlease proceed to the signature and notarv area below. Sworn to before me this Owner) day of , 200 Signature of Appellant or Authorized Agent (Agent must submit Authorization from (Notary Public) ZBA APP 9130102 . . COUNTY OF SUFFOLK IRlIECClEll~IED (i DEe 1 9 .. STEVE LEVY SUFFOLK COUNTY EXECUTIVE BOARD OF APPEALS DEPARTMENT OF PLANNING THOMAS ISlES, AICP DIRECTOR OF PLANNING December 10, 2007 Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant! s) Municipal File Number!s) Diack Hill Planitzer LaChance Frienmann DiGregario Guja Mooney (End of the Road LLC) 6109 6111 6112 6113 6114 6115 6116 6013 Very truly yours, Thomas Isles, AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE. NY 1 17B8-0099 . (6311853-5190 TELECOPIER (631) 853-4044 ~ q- \~? , ,i'i If-.. ,:J ~i) ~\ ~ Ml (}t-r' I \)). \ JJl' JJ t-C/ I ttCOUNTY OF SUFFOLK ~~"<;.~ ~::Y.y"..,t<: ~ ',' v ~~~ ~,t7 Ji/ .;Lr;.vo tt ~~(C;~':',i\,,:,j) Steve Levy SUFFOLK COUNTY EXECUTIVE FEB .~ "^'j pc;./IJ ~-fJ.l lfjJo ,.,"..-_IiI. ,.. eo'" ~r'I f"\l! sou AND WATBR CONSERVATION DISTRICT FAX: (631)727-3160 Thomas J. McMahon DISTRICT MANAGBR (631)727-2315 January 25, 2008 Town of Southold Board of Appeals 53905 Main Road, P.O. Box 1179 Southold, NY 11971-0959 Attention: Gerard P. Goehringer RE: ZBA File Ref. No. 6109 (Diack) Dear Mr. Goehringer: We have completed a site inspection of the above parcel as you have requested. The Suffolk County Soil Survey has this parcel mapped as Bc (Beaches) and Du (Dunes). Both soils consist of sands and gravel. Permeability of this soil is rapid. At the present time the lot is very well vegetated with beach grasses and shrubs. Most of the property slopes away from the Sound and toward the existing house and road. The house has gutters and downspouts that exit onto the soil surface. Bulkheading is in fair to good condition and appears to have been repaired relatively recently. High tide reaches the base of the existing Bulkhead. On the proposed sketch the house is to be relocated 80' from the Tidal wetland. This is the furthest it can be located due to building constraints. However it brings the new house out of line with the existing homes along the beach. Much more of the lot surface will be disturbed since the existing footprint has to be removed and a new one has to be created. P'17---- 423 GRIFFING AVENUE SUITE 110 RIVERHEAD, NY 11901 ,., ~ . . Recommendations from the LWRP quote requirements based as if this is a new homesite. It is an upgrade to an existing housed parcel. In their recommendations to further Policy 5, (1) They recommend using non turf plantings. I would further recommend using Native Grasses and Shrubs that are salt and drought tolerant. (2) The use of hay bales will not help in this situation as this soil is rapidly permeable and won't have any runoff. (3) Requiring gutters and downspouts is always recommended; however, in this case it would be better to have the roof water runoff flow into stormwater chambers, such as; StormTech, Landsaver, Contech, Cultech, Infiltrator chambers or onto the ground surface in order to allow more filtration time for the water to percolate. Drywells here will limit the amount of soil that the roof water runoff will filter through. If you have any further questions regarding this site inspection, please feel free to contact us again. Respectfully, f~ t J-fL- Paul A. TeNyenhuis, Senior Soil District Technician ~,11J-, ~J \ \) g cl---.~ < (Y'& ~ I~Z-M~ i 1 L-u.JU .f ~ J . ,?k ~ '/11 W(\o...\i] r J~WCATI N: \ ," \ ) ~: Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY . ~'" jY~.~~ '\', ~ <:>_~ . . ~ ~ ~. ~} q; ~....# :t COUN1't\\~::i/ ccr.u:f1Y . MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631765-1938 Fax: 631 765"3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTH OLD MEMORANDUM - , r- ~~lC\e.~'Vl\e.\t) ~lPI [I~ JJ.." <9 '/.009 -P-IJ- '/J. 'f (06' EALS o 01= At't' ----1 SOAR. .... To: James Dinizio, Jr., Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner ~ L WRP Coordinator Date: January 9,2008 Re: ZBA File Ref. No. 6109 (Diack) 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. Policy 6. Protect and restore the quality and function of the Town of South old 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 distance to the proposed house from the tidal wetland boundary is 80 feet; the proposed rear deckinl! is 64 feet from the wetland boundary; a minimum setback distance of 100 feet from the wetland line is required pursuant to Chapter 275-3.Findinl!s; purpose; iurisdiction; setbacks. In addition, a minimum setback distance of 100 feet is required pursuant to . . Chapter & 280-116 A.2 Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound. (2)Except as otherwise provided in Subsection A(1) hereof. all buildings or structures located on lots adjacent to sounds shall be set back not less than 100 feet from the ordinary high-water mark of said sound. Please reQuire that the applicant amend the application to meet the above policv to the !!:reatest extent practical. If the action is approved and to further Policv 5: Protect and Improve Water Qualitv in the Town of Southold: 1. Retain a non-turf. non disturbance buffer landward of the timber bulkhead to protect the water Qualitv of Lon!!: Island Sound. 2. ReQuire hay bales durin!!: construction. 3. ReQuire !!:utters to drvwells to contain roof runoff. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT/hkc . . New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY at Stony Brook, 50 Circle Road, Stony Brook, New York 11790-3409 Phone: (631) 444-0365 . FAX: (631) 444-0360 Webslte: www.dec.state.ny.us .. ~ ~ Alexander B. Grannis Commisioner LETTER OF NO JURISDICTION - TIDAL WETLANDS ACT Mildred Diack 1840 Leeton Drive Southold, NY 11971 Re: Application #1-4738-03736/00001 Diack Property, 1840 Leeton Drive, Southold S.C.T.M. #1000-58-2-11 August 7, 2007 ~~~:_-J("''-:'-''I''',:\,,,, lrli'::::J'.'c:/L~",_ .:, '\:rw 1 ,,; j ,-'v r ~(P/D9 BOARD OF APPEALS Dear Ms. Diack: Based on the information you have submitted, the Department of Environmental Conservation (DEC) has determined that: " The property landward of the pre-existing (prior to 8/20/77) bulkhead, which is more than 100 feet in length, as shown on the aerial photograph (exposure 70-1968 dated 6 APR 76) obtained from AeroGraphics Corp., is beyond Article 25 (Tidal Wetlands Act) jurisdiction. Therefore, in accordance with the current Tidal Wetlands Regulations (6NYCRR Part 661) no permit is required. Be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hale bay berm. Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. Sincerely, ~~r':- Deputy Permit Administrator cc: Suffolk Environmental Consulting, Inc. NYSDEC, Marine Habitat Protection file (kat) . . James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. . . (\\' SOU" '<::'!l.~"'V 1~q,c;J-- + + v? ;:.c; %. $ q; ~\\.' .f'COUNT'L\\'I.~-,,' Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD September 19, 2007 lF2~(c~u Mr. Bruce A. Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932-2003 NOV 1 +- ,/ dC(p/Z! C; BO/\RD OF ,IIDPEl\LS RE: MISSY DIACK 1840 LEETON DRIVE, SOUTHOLD SCTM# 58-2-11 Dear Mr. Anderson: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, September 19, 2007 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc. on behalf of MISSY DIACK applied to the South old Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated July 25,2007, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 5 & 6 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: installation of gutters and drywells to contain roof runoff, a line of staked hay bales to be installed prior to construction, the area landward of the bulkhead remains non-turf, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 19, 2007, at which time all interested persons were given an opportunity to be heard, and, 2 . . WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the, Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of MISSY DIACK to relocate the existing single-family dwelling landward and construct an addition (1,295 sq. ft. overall) to be situated 80'+/- from the wetlands boundary; rear decking (622 sq. ft.) situated 64'+/- from the wetlands boundary; rear plat and walkways (411 sq. ft.+/-) situated 5'+/- from the wetlands boundary; retaining wall to surround the-proposed sanitary system within the front yard, situated 127'+/- from the wetland boundary; and a gravel driveway (540 sq. ft.) situated 120' from the wetlands boundary; and to maintain the timber bulkhead in-place, with the condition of the installation of gutters and drywells to contain roof runoff, a line of staked hay bales to be installed prior to construction, and the area landward of the bulkhead remains non-turf, and as depicted on the survey prepared by Peconic Surveyors, last dated September 24,2007, and received on September 28,2007. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 100.00 Very truly yours, ror~ James F. King . President, Board of Trustees JFK/eac to- . ~[g~[g~wrs;:iQ) Date Prepared: NOV 1+ yo? zq BOARD 6F APPE!\LS APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: DIACK 10/15/200 I. For Demolition of Existing Building Areas Please describe areas being removed: The applicant is Droposin~ to relocate the existint: 25' x 28' one stol)' dwelling 22' landward and 3.5' northeast from its current location, and remove an approximate 13' x 14' wood deck which is currently attached to the seaward side of the existing dwelling. II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: IT x 35' Dimensions of new second floor: N/ A Dimensions of floor above second level: N/ A Height (from finished ground to top of ridge): 21' +/- Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: N/ A III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Onp. [1] floor" thrf'f' [1] hp.nroom<.:. Number of Floors and Changes WITH Alterations: One f11 floor: three [31 bedrooms. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 753 +/- SF Proposed iucrease of building coverage: 541 +/- SF Square footage of your lot: 1 1.690 SF Percentage of coverage of your lot by building area: 11.06% +/- V. Purpose of New Construction Requested: To prnviilp thf' ~prlir~nt with ~ mnnf'd in('rp~"f' in living "'p~H'f' VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): r;pnpr~lIy f1~t witt, ~ gpntly rnlling pnrtinn in thp p~dprn ,"p('finn Please submit seven (7) photos, labeled to show aU 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; 2/2005; 1/2006 . . Town of Southold LWRP CONSISTENCY ASSESSMENT F ~if;~~G'\ffW:'l] A. INSTRUCTIONS 1. All applicants for permits' including Town of South old age cies, sh~i7'~0~plete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. · Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer ofthis form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Watemont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the L WRP policy standards and conditions. lfan action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of South old's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 058 02 011 The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees ~ 1. Category of Town of South old agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) o o ~ (b) (c) Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: Nature and extent of action: Applicant wishes to redevelop the property which currently contains a single-family dwelling (700 sq. ft. +) situated 53' + from the wetlands boundary; rear decking and walkways (488 sq. ft. +) situated 34' + from the wetlands boundary; rear plat and walkways (330 sq. ft. :t) situated 5':t from the wetlands boundary and a timber bulkhead (75' long) situated 8' from the wetlands boundary. Applicant wishes to relocate the existing single family dwelling landward and construct an addition (1,295 sq. ft. + overall) to be situated 80' + from the wetlands boundary; rear decking (622 sq. ft. +) situated 64' + from the wetlands boundary; rear plat and walkways (411 sq. ft. +) situated 5' + from the wetlands boundary; retaining wall to surround the proposed sanitary system within the front yard (127' long overall) situated 127' :t from the wetlands boundary; and a gravel driveway (540 sq. ft. +) situated 120' + from the wetlands boundary. The timber bulkhead is proposed to be maintained "in-place". . . Attach additional sheets if necessary Location of action: 1840 Leeton Drive; Town of South old. NY Site acreage: 0.27 acre or Present land use: Improved with sinl!le-familv dweIlinl! and related appurtenances Present zoning classification: 2. Ifan application for the proposed action has been filed with the Town of South old agency, the following information shall be provided: (a) Name of applicant: MISSY DIACK (b) Mailing address: 1840 Leeton Drive; Town of Southold. NY (c) Telephone number: Area Code ( 631) 765 - 2306 (d) Application number, ifany: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? YesD No~ If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See L WRP Section III - Policies; Page 2 for evaluation criteria. ~ Yes D No D Not Applicable As indicated within Policy 1, "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold.", this project is a proposal to redevelop a currently improved property. The proposal, as designed, will not result in any adverse effects to the surrounding environment in that the project will be situated further landward from the surface waters of Long Island Sound to the north. Again, subject property and the surrounding neighborhood is comprised of older residential dwellings which have existed harmoniously within this area for years and have not resulted in any form of adverse effects to the surrounding environment. Accordingly, we believe that this project is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L WRP Section ill - Policies Pages 3 through 6 for evaluation criteria DYes D No ~ Not Applicable Policy 2 is not applicable in that subject lot and the surrounding neighborhood cannot be deemed a substantial historic and/or archaeological resources. . . Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See L WRP Section III - Policies Pages 5 through 7 for evaluation criteria [8J Yes D No D Not Applicable Subject proposal will not adversely impact the visual quality of the surroundinl( area in that the existinl( properly has contained a sinl(le-family residence for approximately fifty (50) years without any evidence of resultinl( in adverse impacts to the neil(hborhood. In addition, the neil(hborhood itself is comprised of similarly sized properties, improved similarly for many years, and which also has not resulted in any form of adverse impacts to the surroundinl( area. Furthermore, this policy could not preclude both the lel(al creation of this properly as a buildinl( lot, or the existinl( structures thereon, which are proposed to be both relocated further landward from the surface waters of Lonl( Island Sound to the north and/or improved with additions. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria DYes D No [8J Not Applicable Subject properly is currently improved with a bulkhead within the northern section of subject properly and has protected subject properly from any and all floodinl( and/or erosion events since the improvement thereon. The proposal is to redevelop the existinl( structures thereon, and relocate same further landward from the surface waters of Lon I( Island Sound, and therefore cannot be applicable to Policy 4. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III - Policies Pages 16 through 21 for evaluation criteria [8J Yes D No D Not Applicable Subject proposal will comply with Policy 5 in that a more efficient sanitary system is proposed to be installed thereon, and at a I(reater distance than the existinl( septic system is located from the wetlands boundary, and that public water is to be utilized. Accordinl(ly, this proposal will not only maintain the water quality and supply within the Town of Southold, but will improve conditions within the site with the installation of the more efficient sanitary system. 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 L WRP Section III - Policies; Pages 22 through 32 for evaluation criteria DYes D No [8J Not Applicable Subject proposal is not applicable to Policy 6 in that the proposal will be for the relocation and improvement of existinl( structures thereon, further from the surface waters of Lon I( Island Sound, and that no further encroachment to the wetlands will take place than which presently exists. Attach additional sheets ifnecessary . . Policy 7. Protect and improve air quality in the Town of South old. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria DYes D No ~ Not Applicable Subject proposal is not applicable to Policy 7 in that the proposal will be for the relocation and improvement of existing structures thereon which will not result in any form of adverse effects to air quality. Accordingly, this proposal is not applicable with this policy. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. DYes D No ~ Not Applicable Subiect proposal is not applicable in that the proposal does not involve disposal and/or transportation of solid waste, hazardous waste, toxic pollutants, petroleum products. Attach additional sheets if necessary PUBLIC COAST POLICIES Policy 9. Provide for public access to, aud recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See L WRP Section III - Policies; Pages 38 through 46 for evaluation criteria DYes D No ~ Not Applicable Subiect proposal is not applicable to this policy in that the proposal will not impede any access to the surface waters in and around subiect property and/or become detrimental to the recreational use of the surrounding resources. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria DYes D No ~ Not Applicable Subject proposal is not applicable in that the proposal does not involve a water-dependent use (i.e. marina, aquaculture, etc...). Attach additional sheets if necessary . . Policy 11. Promote sustainable use of living marine resources iu Long Island Sound, the Peconic Estuary and Town Waters. See L WRP Section III - Policies; Pages 57 through 62 for evaluatiou criteria DYes D No ~ Not Applicable Subiect proposal is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries, aquaculture, etc...). Attach additional sheets if necessary Policy 12. Protect agricuIturallands in the Towu of South old. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. DYes D No ~ Not Applicable Subiect proposal is not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal agricultural production, etc...) Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III - Policies; Pages 65 through 68 for evaluation criteria. DYes D No ~ Not Applicable Subiect proposal is not applicable in that the proposal does not involve the conservation of energy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilities and/or the extraction of mineral extraction Attach additional sheets if necessary Created on 5/25/05 11:20 AM . . .' VTe\Q) ,.",;;U(1l!;; tiOV 1 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPL CATION Apo, "^LS BOARD O~_' .~.J:\__ A. Is the subject premises listed on the real estate market for sale? DYes oIiINo R Are there any proposals to change or alter land contours? j2 No D Yes, please explain on attached sheet. C. I) Are there areas that contain sand or wetland grasses? Yes 2) Are these areas shown on the map submitted with this application? Yes 3) Is the property bulkheaded between the wetlands area and the upland building area? Yes 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: Aooroved via Permit #6716 dated 9/1912007. and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? None (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? No the proximity of your lands on your map with this application. If yes, please label . t resent use or operations conducted at this parcel Single familv dwelling and proposed use Same as "existing" single-family; proposed: same with garage or pool. or other description.) I is' I Z-C.O-} 2/05: 1107 ,. . B ARD%F.~'\4))S 14-16-4 (9/95)-Text 12 I PROJECT I.D. NUMBER N()~ 1+ 20Gl 617.20 EQR I Appendix C BOARD OF A State Environmental Quality Revie PPEALS SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1- PROJECT INFORMATION (To be completed by Applicant or Proiect soonsor) I. APPLICANT/SPONSOR 2. PROJECT NAME Suffolk Environmental Consulting, Inc. DIACK 3. PROJECT LOCATION: Municlpaltty Town of South old County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc. or provide map) 1840 Leeton Drive; Town of South old, NY (SCTM #: 1000 - 058 - 02 - 01 I) 5. IS PROPOSED ACTION: I:8J New 0 Exoansion D Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to relocate the existing dwelling landward of its current location, remove and exi~ting wood deck, construct a small addition to the east side of said dwelling, construct a new wood deck landward of the existing wood deck to be removed and install a new attendant sanitary system. 7. AMOUNT OF LAND EFFECTED: Initially < O. 1 acres Ultimately < 0 1 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? DYes J:8] No If No, describe briefly A variance is required from the Southold ZBA for the proposed setback from the existing bulkhead. Please note that the existina dwellina is beinn relocated 22' landward of its current location. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? J:8]Residential Olndustrial OCommercial OAgricutture OParklForesVOpen space OOther Describe: Private single family residences with related appurtenances. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY (FEDERAL, STATE OR LOCAL)? J:8] Yes ONO II yes, list agency(s) and permiVapprovals NYSDEC; Suffolk County Dept. of Health Services; Town of South old Trustees & ZBA. II. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? DYes J:8] No II yes, list agency(s) and permiVapprovals 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes J:8] No I CER)J""\fHAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanVspo ...---T. 'ohn Suffolk Environmental Consultino Inc. Date: October 15. 2007 C 7/A b'\,\ '- T f7';:: -.. J--' Signature: ~ ./ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 , . . PART 11- ENVIRONMENTAL ASSESSMENT (To be completed bv Anencv) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? If yes, coordinate the review process and use the FULL EAF. DYes DNa 8. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. DYes DNa C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archeological, historical or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitat, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? DYes DNa D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? DYes DNa If yes, explain briefly PART 111- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. o Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. o Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: - Name of Lead Agency Print or Type Name of Responsible Officer Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different From responsible officer) 2 . . ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTH OLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: November 16, 2007 RE: Zoning Appeal No. 6109 Transmitted herewith is Zoning Appeals No. 6109 of Missv Diack- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Owners Endorsement, Applicant Transactional Disclosure Form, Notice of Disapproval, Cover Letter from Suffolk Environmental Consulting, Inc. describing the enclosed documents, Short Environmental Assessment Form, LWRP Consistency Assessment Form, Town of South old Property Record Card, Applicant's Project Description, Questionnaire for Filing with the Z.B.A. Application, Location Map, (3) color photographs of the proposed rear decking area, NYS DEC Letter of No Jurisdiction- Tidal Wetlands Act, September 19,2007 Board of Town Trustees decision, Aerial Overlay, Survey, Elevations, Sections, Floor Plans, Foundation Plan, Construction Details & Wind Load Path Connection Details and Deck & Porch Construction Details & Wind Path Connection Details. Date: 11/16/07 Transaction(s): 1 1 Check#: 9954 Application Fees Name: Diack, Missy 1840 Leeton Drive Southold, NY 11971 Clerk 10: MICHELLE T.f South old P.O Box 1179 Southold, NY 11971 . * * * RECEIPT * * * Receipt#: Reference 6109 Total Paid: 9954 Subtotal $400.00 $400.00 Internal 10: 6109 . . Office Location: USPS Mailing Address: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 24, 2008 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 SOUTH OLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, JANUARY 24. 2008: 1:00 P.M. MILDRED ANN DIACK #6109. Request for a Variance under Section 280-116A.2, based on the Building Inspector's October 11, 2007 Notice of Disapproval concerning the location of a dwelling at less than 100 feet from the ordinary high water mark of the Long Island Sound, at 1840 Leeton Drive, Southold; CTM 58-2-11. 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 email: Linda.Kowalski@Town.Southold.ny.us. Dated: December 27, 2007. ZONING BOARD OF APPEALS JAMES DINIZIO, JR., CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailing Address/USPS) P.O. Box 1179 Southold, NY 11971-0959 l'-t- I LcU((7r~/V/~-l:fv-" ) - I--K(a'/-v'-.LAl-"..e=-,) . #8662 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) . Karen Kine of Mattituck, in said county, being duly sworn, says that 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 a week for -L- week(s), successively, commencing on the 10th day of January. 2008. Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 24, 2008 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursllant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the follow- ing public hearings. will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the_ Town Hall, 53095 Main Road. P.D. Box 1179, 11:25 A.M. ROBERT and ERIN DICKERSON #6120. Request for a Variance under Sections 280-122A and 280-124, based on ZBA Interpreta- tion #5039 (Walz Application) and the Building Inspector's November 16,2007 Notice of Disapproval concerning pro- posed additions and alterations to an existing dwellirig, which new construc- tion creates a new nonconformance or increase in the. degree of nonconfor- mance ,when Jocated less than 50 feet from the;ffont lqt line and- less than 15 feet on a side yard. Location of Proper- ty: 1600 Alvah's Lane, Cutchogue; CTM 102-4-8:1. . 1:00 P.M. MILDRED ANN DlACK #6109. Request for a Variance under Section 280-116A.2, based on the Build- ing Inspector's October 11, 2007 Notice of Disapproval conce~ning the loca- tion -of a dweIfing at Jess than 100 feet from the ordinary high water mark of the Long Island Sound. at 1840 Leeton Drive, Southold; CTM 58-2-11. 1:10 p.M.r69O BAYVIEW ASSOCI- ATES #6117. Request for a Variance under Section 280-116B, based on the Building Inspector's November 5, 2007 Notice of Disapproval concerning pro- posed alterations to. the existing first floor, new second-floor addition over the existing first floor, which new con- struction areas will be less than 75 feet from the btilkhead adjacent to Goose Creek, at 1690 Bayview Road,Southold; CTM 70-12-37. 1:35 P.M. SANDFORD and ELIZA- BETH FRIEMANN #6114. Request for Variances. under Sections 280-116B and 280-124, based on the Building In- spector's amended November 26, 2007 Notice of Disapproval concerning pro- posed additions, swimming pool, and ;(~~ Principal Clerk tD Ar<:-,f-n t1 ~ CHRlh~1 V6l'rlfs-KI NOTARY PUBLIC-STATE OF NEW YORK No.Ol-V06105050 Qualified In Suffolk County C9mmlsslon Expires FebruaTy_2~, 2008 Southold, New York 11971-0959, on THY TRSDA Y JANl JA RY 24 200&' 9:30 A.M. CHARLES HILL #6111. Request for a Variance under Section 280-15, based on the Building Inspec- tor's November 5, 2007 Notice of Dis- approval concerning an as-built acces- sory shed in a yard other than the code- required rear yard, at 655 Lake Drive. Southold; CTM 80-3-20. 9:40 A.M. DEBRA LACHANCE #6133. Request for a Variance under Section 280-124, based on the Building Inspector's November 14,2007 Notice of Disapproval concerning a proposed addition to the existing single-family dwelling, which is proposed less than 10 feet from the side yard, less than 25 feet for total side yard setbacks, and less than 35 feet from the front lot line, at 630 Ruch Lane, Southold; CfM 52-2-26. 9:55 AM. ROBERT and MARY KATE DIGREGORIO #6115. Request for Variances under Sections 280-15H, 280-15C, 280-124. based on the Building Inspector's October 15, 2007 amended Notice of Disapproval concerning a proposed accessory garage on this 16,5R6 square foot lot. The new garage is proposed at 22 feet in height in a loca- tion alless than 20 feet from the side lot line. and less than 35 feet from the front lot line, at 1000 Oak Street (at Pierce Drive), Cutchogue; CTM 136-1-36. 10:05 AM. RUSSELL E. PLAN- ITZER #6112. Request for a Vari- ance under Section 280-14, based on the Building Inspector's October 30, 2007 Notice of Disapproval concern- ing proposed alterations to an existing third-story living area in a single-family dwelling, for the reason that the Code limits construction to 21/2 stories in height. Location of Property; South Side of Ocean View Avenue, Fishers Island; CTM 9-11-3.1. 10:25 AM. JOHN CORBLEY #6119. Request for Variances under Sections 280-122, 280-124, based on the Build- ing Inspector's October 4. 2007 Notice of Disapproval and Zoning Code Inter~ pretation #5039 (Walz) concerning pro- posed additions and alterations to the existing single-family dwelling, which new construction will create a new non- conforming side yard setback, and will create an increase in the degree of non- conformance, when located less than 15 feet on one side yard and less than 35 feet for both side yard setbacks (total), U[ 680 Mason Drive, Cutchogue; CI1vI 104-7-3. 11 :05 A.M. GARY GUJA #6116. Request for Variances under Sections 280-124 and 280~242A. based on the Building Inspector's September 17.2007 Notice of Disapproval concerning pro- posed additions and alterations to the existing single-family dwelling, which new construction will create a new non- conformance or increase the degree of nonconformance with setbacks total- ing less than 35 feet on both side yards, at .:\72 North Drive. Mattituck: CTM alterations to the existing single-family dwelling, which new construction: (a) will be less than 75 feet from the bulk- head adjacent to Cutchogue Harbor and (b) will exceed the code limitation of 20% maximum lot coverage. Location of Property: 1165 Old Harbor Road, New Suffolk;CTM 117-3-8.4. 1:50 P.M. RICHARD TRIPPTREE #6118. Request for a Variance under Section 280-124, based on the Building Inspector's September 7, 2007 Notice of Disapproval concerning a proposed porch addition which willbe less than 40 feet from the front lot line, at 910 Wa- basso Street, Southold; CTM 78-3-50.1. 2:05 P.M. FRANCIS 1. COUTTS FAMILY TRUST by G. Hallenbeck III, Trustee #6098. (Continued hearing). Re- quest for Lot Waiver to Unmerge. Loca- tion of Property: 10650 Sound Avenue at corner of Factory Avenue. Mattituck. CTM 142-1-3.2 and 3.3. 2:20 P.M. KINGA CRARY #6108. Requests for additions and alterations to accessory building with: 1) proposed habitable space for studio workshop as shown in the proposed layout of the ac- cessory building, (2) proposed noncon- forming setbacks from the side and rear lot lines at less than three feet. and (3) proposed dormers exceeding 40% of the roof width. Location of Property: 355 Skippers Lane. Orient; CTM 24-2-4. 3:00 P.M. EDNA McNULTY (and JOHN C. DILLER and HOLLY M. DILLER) #6090. Request. for a Vari- ance under Zoning Code Section 280-18, based on the Building Inspec- tor's July26, 2007 Notice of Disapprov- al which states that the Bulk Schedule requires a minimum lot area of 40,000 square feet, and the area of CfM Parcel 1000-145-02-1.5 will be reduced from 20,877 square feet to 20,093 square feet, creating a greater degree of non- conformity, with a lot line change to en- large C1M Parcel 1000-145-02-1.4 from 22,151 square feet to 22,936 square feet. Both parcels are currently nonconform- ing in lot size in the R-40 Low-Density Residential Zone District, located at 160 and 240 Great Peconic Bay Boule- vard, Laurel. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, andlor 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 business hours and prior to the day of the hear- ing. 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: January 3. 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda Kowalski 54375 Main Road (Office Location) 53095 Main Road (Mailinsr: Address! /~ - 5E;;J ~jj oWNER I _ .... I" _.- .;I_V I I 1_..... rn._r..n. I I n."~_n.... ~_n.... /7<;'/5' VILLAGE DISTRICT SUB. Lon .. jSV:: ~''i D%Ros'a.. SEAS. Fe 01 IMP, vJ I -I ...t.-..... . ~'__,l./t.\ '"I(J ..[.,J,,- U--F~ I ~ -. '~/ i'~i "-rs~, .r', '" --+-- ',J," 1'""eihv"1 .('" ,:~.J..l T FARM COMM. ~I' Idrerl A-nn black , . ---.-----.. .... ....-..-- FORMER OWNER i. ~/k1red {ES. J~{)--Q r- ,/"\ .,." l I{ "'-t~Al, if' ,,,,,,,.' W t...1.. ACREAGE ,376 () TYPE OF BUILDING Co.....fe2 ", I IND. CB. I MISe. VL. DATE REMARKS TOTAL 1..bIJ1hu , f f / ) :.:v,} , "'~ 4RD . ,. ~., /fer' -b ~ dp~ kflt.;, O'")CL ''''' ,L, j)' J:""~':- <t7 ," , v.':;' < u-~, Y'i '+'_~ (-' . >--1./ $'" / rIOt? .2SuD I L( bC-J ft- ,;rz:> >.-f 19tJO . -- :r-S-NEW NORMAL BELOW ABOVE -- Acre I Per Acre Value Farm Value ...... .. _._._---_...~--_._-_._--_._---- --.' ---- lilK" 1 . I iIIable 2 - fillable, 3 -------..-- Noodland , . ;wampland ;:;;'6 /ff~_ . 2. A:. ~~ Jrushlo...4 . ... ""7". 'i.. /650 ,'"' "" House Plot R' 'J / 1.;/( 1_ , I f- rc'" .".... (-: ., . -- lotal -"'-.-,.-. --.-~...~-~ .._---.-..~---.-~---- \r.;(,,c! " I ,,) \-...<\,: l,,/ "r , I '" , I I ~>.~~~'-" I I l..- I I ,} , I,il '''' I I 4 \ I , '1 r.-<t I .... " I , ;:;;, I 'r;> i ! r . I I I i , , i --,-- -- - - J ~C;;- -'> - I I M. Bldg. ?7i/ 7-':'''t> / {'if 6 Foundation ~ Bath / .), (ci,J' = p-~- j> L[~ 7' ,;-.~.. : I I T/ / '-€.- r- Extension Basement , Floors hA;> - -f , ,7.,'" " "~-' (; ;;r - "",,- Extension "" t/ / Ext. Walls ~~, or/ Interior Finish );~' ,,- \~ f L'/' .!f'<J )'f",,~l. it. f' /,~ , t/ , Extension Fire Place ~ . Healt ~~ 't--, -r' It.,.ll; II,,~St. Lu zS /.5<( Porch Attic ---k-/';",' , vx/.:,,- IS'l.. 'V - /t/x/-,,- 'L2-4 Porch Rooms 1 st Floor ") - Bree Patio , Rooms 2nd Floor ay Garage Driveway O. B. All '" T'9 /. <::F'",,/ 56 I? ! 2 ~ ,!fI':\,..........-e- "":..",, __~~",_,j;';;':r,"-::.~::'.'~ ;;'.........:;;,.;-:;.-..~"..,_.,.,.--:.;~.,,'-"""..""".,~ .. .-,..~. '~<'. "-":~.... - ... .. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---.-----.------..---.--...---.---...-......-.-------lC In the Matter of the Application of AFFIDAVIT OF MAILINGS Mildred Ann Diak (Name of Applicants) CTMParcel#IOOO-058.00 -02.00.011.000 ------------.-----------------------.---..-----------J{ COUNTY OF SUFFOLK) STATE OF NEW YORK) . k 2322 Newman Village; Bridgehampton L Diane K. Wasslc . _residing at , New York, being duly sworn, depose and say that: On the4th jav of Januarv, 2008., I personally mailed at the United States Post Office in - Bridgehampton . New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official re.<'.ords on file with the x' Assessors, or,' ',County Real Property Office. Town of Southold , for every property which abuts and is across a public or ptiv~,e street, or vehicular right-of-way of record, surrounding the applicant's property. ' J.~; 4 C- ~A<Ut~ (Signature) Swqrn to be>C;1~~ 'I~ day of , 2008 (Notary Public) PLEASE list, 011 the back of this Affidavit or 011 a sheet of paper the lot numbers next to the owner-lIames-and-addresses-furwhidnrutlanvere!mUle<l~lliaiiK YOlI~"~' "~-'~'--~~.-=',- . os a erVlce'M CERTIFIED MAIl;;., NECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ,- . , T '. . I RYE NY 105110 .' , I .. Postage $ $0.41 09J2 Certified Fee t2.65 .' 05 Return Receipt Fee Postmark (Endorsement Required) t2.15 Here Restricted Delivery Fee $0.00 (Endorsement Required) Total Postage & Fees $ $5.21 01/04/2008 f'- ru o m Lr) c'I IT tr .Jl o o o o o c'I o .Jl D ntTo ~ .nn..1iY-.?<1:i5.ElEi-m.~F 1 .5-...n...mmm......... ftjsi!.;~;t:.}Lm.~~'.~'mF(jmm.mmmn o c'I o m Lr) c'I IT" IT" U.S. Postal Service", CERTIFIED MAil", RECEIPT (DomestIc Ma1f Only; No Insurance Coverage Provided) ~TIIl 1f'1i1'::; ~ Posmge $ $0.41 .Jl o t2.65 o Return Receipt Fee D (Endorsement Requrred) $2.15 CJ Restricted Delivery Fee CJ (Endorsement Required) $0.00 c'I o Tolel Poetage' Feee $ $5.21 .Jl o to ~ ~!ltfJ'}!./M&..!?Al.k:...m..mn.m.h.nm..nm..m.. orPOBoxNo, -- f?, /'~ - :if- nmhmmmmU..n :.1."". .J kL<: . City, StsJe, ZlP+4 . - _n. ...........__...___u.___ '1ulf' Certffled Fee \ 01~.J:' .::r- m o m os a erVlce,M CERTIFIED MAil", RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) " , , o' I IUlTOOTlJINY 11743 '. -. I ;,.'Pc .:-" Postage $ $0.41 09:J2 Certified Fee t2.65 05 Postmark RelurnRecelplFee $2.15 Here (Endorsement Required) Restricted Delivery Fee $0.00 (Endorsement Required) :c , Tot~stage & Fees $ $5.21 01!0472OOli Lr) c'I IT" IT" .Jl o o o o o c'I o .Jl c:J entTo ~ ~.L;,A.:..M-.t'1.;;;zT.e....jb~1f.:!!.,...7Af.Q~~........... . - o...t, ""t. """ / ~:'~~.~:..........!....!1:h:5Z2&.'......~~....................... City, State, Z/P+4 . - j'[J;J _... m . o . j, . . o ... .. . ' rn . - .. . ..... a .~~l~l1tt\c.~ '.', u'~' . IT' .. '" '",",\I' , :~~:s .Jl Poetage $ $0.~1 0932 CJ Certified Fee o t2.~ CJ Retum ReceIpt Fee (Endo.....entRequlred) $2.15 o Restricted Delivery Fee ~ (Endorsement Required) $0.00 o ..n TOlal Postege. Feee $ $5.21 0110412008 Onto 12 ....t/-j"fk(Lf?w,....;;'i~-i.c..€;./..~ J4r&1 ~'EU~ ~~BoxNo. L!f1ln... _..'f'...... .-....._..... CIty, siaiO;ZiP;;;' .....:........!-.."-.0:L!:::/.....:21 . . 771 ............................ ~ ..~. Here l! . OWNER'S ENDORSEMENT 1Rl~~~ijWlell) (TO BE SIGNED IF APPLICANT IS NOT 0 ERYiOV 14m STATE OF NEW YORK) COUNTY OF SUFFOLK) 55: BOARD OF APPEALS! I, Missv Diack . being duly sworn, deposes and says; I reside at 181 Green Point Circle; Palm Beach Gardens; FL 44418 . In the County of Palm Beach and the state of Florida, and I am the (owner in fee) (officer of the Corporation which is owner in fee) of the premises described in the foregoing application and that I have authorized Suffolk Environmental Consultin!f. Inc. . ro......fure_OWl..W W ;/t {J. Signature Signature If Corporation, name of corporation and Officer Officer's Title Before me, this day of ,20_ Notary Public , lJu.~ OCf'-d- J) f , i. ~~~ 0.' d? ;} ~ ? 1 /D /0( "'') 0" S OT.4m.,S(, 'U ORQp'""[$ ,~~ 'OlLO''''G DIS TRJCfs_ ~.~;;::,,~ ~-"""---------------- ======.- :~",:~~~~-=== ~0 {,\; ~/; / /,;,. / ~ '-J.o <''o''''9'J' . ,:C::: , " " " " " .OfjPCI..NO. SErS!:C.NO. 053-05-00l.1 ii-" $i J)- -$' rCJRPCl.NO. SffSEC.NO. ".-., O&B-Ol'017.~ "'ArCH ---i!-. -~__ rI)R peL-No. SEESfC.NO. 068-0l-011.J ------iZ--_ NOTICE llA"JTfli'NCE,4lT[RMroN"4lfOR Dr';IRl8urroN or AUt f'OllTlON Of T~[ sunOi~ cOUNT> 1.. MAP is P~OfflDIT(" wrrHOI"."'rTENP'R/'/"SlONO""" "'" "RQ~E~,y ..'.x .,'~~."_",'. '~!iNC', COUNTY OF SUFFOLK CD Real Property Tax SerVice Agency COU1tYCllflter- Rlver~od,NY 11901 ,\C"f",,[<) l'l.HGfll'" ------~-------- ~- st!; SEC.ND.05~ --~-~ -----1'--_ LINt -----" --- "- ,'", USPS Mailin~ Address: Office Location: Town Annex IFirst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road PO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765.9064 March 7,,2008 .67' ~.~/ cy ~-)J1o.~ Mr. William J. Lohn Suffolk Environmental Consulting P. O. Box 2003 Bridgehampton, New York 11932 Re: ZBA #6109 - Mildred Ann Diack Variance application Id;; _ De~~: Transmitted for your records is a copy of the Board's February 7, 2008 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the Building Department. If you have any questions, please feel free to call at any time. Very truly yours, End Copies of Decision to: Building Department Town Clerk (Original for filing) ,rt dA -L1rw~ ' 'GrfdciKow-;ili,~i' . /.... . p~' d~tiID~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ...-..---.--....--...---------.-.---.--.--.----.--.--){ In the Matter of the Application of DIACK tName otApplicants) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 058 - 02 _ 011 .------..------.----------------.--..--.----.--...---J{ COUNTY OF SUFFOLK) STA IE OF NEW YORK) I BRUCE A ANDERSON 'd' Newman Village; Main Street; Bridgehampton ,. ' .. ,eSI Illg ac . New York, being duly swam, depose and say that: On the 5th iay of January, 2008 I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance)- facing the street or facing each street or right-of.way entrance; * and that I hereby confirm that the Poster has remained in place for seven days prior to tJ~t date of Sworn to before me this ~r-<< day of J4v~ ,20Cg ~""Ii') Matthew 0, Ivans Notary Putllc of New York No. 01IV60538')9 ----- Qualified in Suflolk County I Commission Expires January 22, 201 .--~-~;..~~=='.--=<-=-~"""'------===.;.....=~~-=-""".--_=_=~~::_."._:-:._:c;:_;;;:_~---=::---_::- *near the entrance or driveway entrance of my property, as the area most visible to passersby, SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 ~ Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: (J;.Jt))" / lib .ff}U /, . s- PfC/(WJ{AC a. OM.eS/-U:rMj / L/b/r 2. Article Number (1lansfer from servlc&'abel PS Fonn 3811, February 2004 . . . . . A. Signature x 3. ~Type I2(Certified Mall 0 Expreas Mall o Registered 0 Retum R_pt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Ves 7006 0100 0006 9915 3010 102595-02-M-1540 Domestic Return Receipt - r,' SOCO item 4 ~ Restricted Delivery Is desired. i . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mallplece, or on the front ~ space pennlts. 1. 'ArticJeAddressedto: ..- f:;t; uJ-B&71f Z>Mus -Yc9-I ~ Pz;b/ue- At:; Jvvj /06--s-g 2. Article Number (1IwmIer f!om serv/<;e IabeQ , PS Form 3811, Feb. o Agent o Add_ C. Date of Deli~ 3. ~ Type .!l{Certified Mali o Registered o Insured Mail Dves 7006 0100 0006 9915 3027 > Domestic Return Receipt 102595-02-M-1540 I . Complete items 1, 2, and 3. Also complete item 4 ~ Restricted Delivery Is desired. . Print your name and address on the reverse so that we can (elum the card to you. . _,this card to the back of the mailplece, or on lIJe front ~ space pennits. 1. ArtIcte dressed to: , &k LI4 YS--e.,e J,e,eev. II IJ;,tJ7JA! L-~ )./ t{ /tJTJ (t/b-f7>>.J, JvVj ) / 7' u 2. Arti( (1Ia1 PS FoIlII \.IV I " I Q..,..,._"........... A. X o Agent o Add_ C. Date of Delivery Dves DNa 3. ~1YPe E!;CertllIed MaH o Reg_ o lnaured Mall o Expreas Mali o Return _pt for Mero_ DC.D.D. _ ~~ ~ -'... '''__^i'l:'~ I DYes -,... - - - - - - - - .CERTIFIED MAIL, Suffolk Environmental Consulting, Inc. Newman Village Main Street P.O. Box 2003 e ampton New ork 11932-2003 Q 'c.' i' i Ie u l;1... Ts1E\\ "''''.',1:') ,,;. ..\ 7006 0100 0006 9915 3003 r. , t.......i: ~ 111111 U.S. POSTAGE PAlO ' BRIOGEHAMPTON.N~ : 1932 JAN O~.' 08 AMOUNT $5.21 . 000B3909-.05, / UNITEOSTiJ.TES I'OSrdL SERVICE 0000 ] ]97] "y "';;: '.~ ~ ~~ .~ "i"4- .;oJ. ". '-<7- , . . Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5291 Bruce Anderson, M.S., President October 15, 2007 ~~~~n~~tQl Mr. James Dinizio; Chairman Southold Town Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 NOV 1 "L0JI / fp/ t1. BOARD OF APPEALS SCTM #: DIACK Property 1840 Leeton Drive Town of Southold, New York 1000 - 058 - 02 - 011 Re: Situate: Dear Mr. Dinizio, This Firm represents the owner of the above referenced property, who is seeking all required regulatory approval in order to relocate and add to the existing single family dwelling thereon. As a portion of the proposed decking is located less than the requisite 100' from the mean high water mark, approval from your Board is required. To that end, please find eight [8] collated application packets enclosed herewith containing the following (please note that the original documents are located in the first packet): (1) Copy of the Notice of Disapproval from the Southold Town Building Department dated 10/11/2007; . (2) Application to the Southold Town Board of Appeals with attached Owner's Endorsement; (3) Short Environmental Assessment Form; (4) Local Waterfront Revitalization Consistency Assessment Form; (5) Copy of the Town ofSouthold Property Record Card; (6) Applicant's Project Description; (7) Environmental Questionnaire; (8) Location Mop for easy reference; (9) Photographs of the subject parcel showing stakes indicating the seaward portions of the instant proposal; . . (10) Copy of the NYSDEC Letter of Non-Jurisdiction pertaining to the above referenced property; (11) Copy of Soutfwld Town Board of Trustees Permit #6716 pertaining to the instant proposal; (12) Survey of the subject parcel indicating all existing and proposed structures thereon prepared by Peconic Surveyors and last dated 9/24/2007; (13) Architectural Plans prepared by Eileen Santora; (14) Aerial Overlay Addendum prepared by this Firm showing the instant proposal in relation to the surrounding neighborhood. (15) Check in the amount of $400.00 to cover the requisite fee. By way of this correspondence, kindly commence review of the enclosed application and schedule same for the first available meeting of your Board. If you have any questions, or require additional information, please don't hesitate to contact me. Thank you as always for your attention and consideration. William J. Lohn Encl. cc: M. Diack .~ . . DIACK Property Situate: 1840 Leeton Drive; Town of Southold, New York SCTM #: 1000 - 058 - 02 - 011 (Photo taken ml July 9, 2007) ~~~~l~Y~ Photo indicating the existing single-family dwelling and decking situated centrally within subject property, to be relocated further landward and expanded upon (i.e., addition). Photo taken from the northwestern section of subject property, facing southeast. Please note the staked out locations of the improvem rFRfC!t~::_-1l1 '.J -#0'11<; '. (,,/0 )' BOARD OF APPEAL<:: ' __.J I ~- . . DIACK Property Situate: 1840 Leeton Drive; Town of Southold, New York SCTM #: 1000 - 058 - 02 - 011 (Photo taken on July 9. 2007) . ). .- ..: '- .... ~ ~-. :/s.. .. . ~ . ~. Photo indicating the existing single-family dwelling and decking situated centrally within subject property, to be relocated further landward and expanded upon (i.e., addition). Photo taken from the northwestern section of subject property, facing southeast. Please note the staked out locations of the improv rGf' "~r'-"I'''.''-' ~ lJ,:lL:.l'0:i::,lJ \~i ~-,;~:0 W'" 1 ~6/2)7 rO/\Rn 'JF N)n>:'i\L~ I . . DIACK Property Situate: 1840 Leeton Drive; Town of Southold, New York SCTM #: 1000 - 058 - 02 - 011 (Phoro taken on Jul~ 9, 2007) Proposed Rear Decking .__ ~--~. 'J . . I. I. ~,. ....... ".., ~! '"~'" ~ , >,~-~ , '-,- .,~~ .... .--- ~ :..~. -~ ,-"~ """'.< ff~~ f~ ~. ---...:~ - .~- ---', -. -:-- / -""'.~. --~.- ~-' ~ .....-. '_-:c ------ .." - . .---"'~ -....-- Photo indicating the staked out corner of the proposed rear decking. Photo taken from the existing rear decking/walkway, facing southeast, towards Leeton Drive. ~~rc;~~'W~[QJ NOV 1 4 'M! --db (p/o 9 BOARD OF APPEALS . . DIA CK Property Situate: 1840 Leeton Drive; Town of South old, New York SCTM #: 1000 - 058 - 02 - OIl . I: " .1 \ :'i&.~, .l .p !o: , EXISTING BULKHEAD (gj~e!2:n\l,r;c;-'r.-lj NOV 1 ~ &/~'l BOARD OF APPEALS EXISTING DWELLING 'f l Streel Map ~RIII~~ :: "<< ~ ~ I "><9". ..r .. .,. J ./ , ~ ..... .J "" I ~-911 ! J' , ~.... I /<l> ~ SUBJECT ,sJ PROPERTY I .I \ ,\ Q- Q- \ ~ . Long z.s,.nd Sound ! ~- ", II GrN' l '" Pond "'", 'c, /1 0, .. c;;.~., Long 4. I\",u.. ,. ., l.,."d / "~u Pecon/c l Dun.. .,' County Po'" /,; P<<onk Dun.. / County P.r. -" ,/ 01 "OOm ~ l'OIltl i:MA.PQV['S."~ C 2007 U.pOunllrn; C 2007NAVUQ - , . f5) I[~: (,~;; ., r-,-\,'_,n~, .--. '.'1 lflJL-'~l:'_-:>LJ'2/L;~ FORM NO.3 lit" 1 :: _ / !i- ~ Jj OVAL~lb9 BO/l,R 0 F A,DOi=^ LC;: -- . ' -1'1' "2110 NOTICE OF D1SAPP.. TO: Suffolk Enviromnental Consulting (Diack) PO Rox 2003 Rridgehampton, NY 11932 Please take nlltice thal yuur application dated September 25. 2007 For pcrmitto relocate and make additions and alt.crations to an existin2 sin21e family dwellilli( at Location of property 1840 Lecton Drive. Southold. NY County Tax Map N(l, 1000 - Section 58 Rlock-I LoUt Is returned herewith und disapproved on the 1(,\Iowing grounds: 'l11c oropOsccl construction. on this contonninl! 11.690 SQuare fool Dilfcel in th'?.R-40 District. is not Dcrmittcd pursuant is not DC.!J!Iin.,<!!'pygl!@U9 Article XXII. Section 200.116.!\.2.. which states. .' "Exceot as otherwise Drovided in Subsection A(I) hereol: all buildiJll!s or structures locatc;d Q.I! lots adiacent to the SQund shall be setback not less thlUl 100 feet from the ordinary hil!h watermark of said sound." The as built decks as hein , +/- 60 leetlrllm the ordioa hi. W' r mark atthc cl 11. , orl .' nature ./ CC: file, Z.B.A Note to Applicant: Any chllnge or devilllioD 10 the ahove referenced application may require additional review froRl the Southold Town Building Department. ............._..-..............-.. . ....,.. ..............~......,. ""'__..L''-- ,...,....--:10 lO"Sl"Jo'" TT ....T . . ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 11/ 14/07 ZBA# NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6109 Diack, Missy 9954 $400.00 ~'OV 1 6 "rr7 \ Li....'JJ Southord Town (fer' $400.00 By _ Thank you. ,Llm !-/C1tI:;<--~c wle {' <LA, ' ~ GJ / _ e A Y-'.) ; FORM NO, 3 cJau . "..;7 NOTICE OF DISAPPROVAL DATE: October II, 2007 TO: Suffolk Environmental Consulting (Diack) PO Box 2003 Bridgehampton, NY 11932 Please take notice that your application dated September 25, 2007 For permit to relocate and make additions and alterations to an existing single familv dwelling at Location of property 1840 Leeton Drive. Southold. NY County Tax Map No, 1000 - Section 58 B1ock.l Lot-1l Is returned herewith and disapproved on the following grounds: The proposed construction. on this conforming 11.690 square foot parcel in the R-40 District. is not permitted pursuant is not permitted pursuant to Article XXII. Section 200-116,A2" which states. "Except as otherwise provided in Subsection An) hereof. all buildings or structures located on lots adiacent to the sound shall be setback not less than 100 feet from the ordinary high watermark of said sound," +/- 60 feet from the ordinar hi h water mark at the closest oint CC: file, Z,RA Note to Applicant: Any change or deviatIon to t e above referenced application may require additional review from the Southold Town Building Department. . . FORM NO.3 .-<>n .J--/~)j;~ ,"U15"bWf~~.o) NOTICE OF DISAPPROVAL TO: Suffolk Environmental Consulting (Diack) PO Box 2003 Bridgehampton, NY 11932 DATE: October 2, 2007 Please take notice that your application dated September 25, 2007 For permit to relocate and make additions and alterations to an existing single familv dwelling at Location of property 1840 Leeton Drive,Southold, NY County Tax Map No. 1000 - Section 58 B1ock.1 Lotti Is returned herewith and disapproved on the following grounds: -/11, A '/ -: "All buildin s located on lots u on which a bulkhead concrete wall ri ra or similar structure . acent to tidal water bodies other than sounds shall be set back not less et from the bulkhead," The proposed construction notes a proposed setback of +/- 51 feet from the bulkhead at its closest point. -,- CC: file, Z.B.A Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. . . Mailing Address: Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P,O, Box 1179 Southold, NY 11971-0959 http://southoldtown. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel, (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: Fax # Date: >6-:31 - ~5;Z 9 / TOTAL NO. OF ING COVER: SENDER'S TEl: MBER: 765-1809 (press 1 at voice recording) REFERENCE:: j l)1! qJ-(,-/ ~9 !J i A ck o URGENT ~ YOUR UPDATE 0 PLEASE COMMENT 0 AS REQUESTED 0 NOTES/COMMENTS: Please find attached copy/copies of the following: (-<'7'-LJ ~ ...Gf/-f.Lf.L ftl- ...,-- ).,.I'IPAAYUA1 ,J;U:h--. Thank you. Sender's Initials: L-_ Office Location: . .. USPS Mailing Address: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road PO. Box 1179 Southold, NY 11971-0959 hUp:! /southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 January 10, 2008 Suffolk County Soil and Water Conservation District 423 Griffing Avenue, Suite 110 Riverhead, NY 11901 Re: ZBA File Ref. No. 6109 (Diack) Gentlemen: We have received an application for a project adjacent to Long Island Sound in Southold, NY and shown on the enclosed site map. The hearing on this application will be held on January 24, 2008. Enclosed is a copy of the site map, together with a copy of the area map, L WRP reply, arial photograph and legal notice. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, GERARD P. GOEHRINGER Chairman By: . Office Location: Town Annex /First Roor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 . Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET -- TO: toP'?;..,j . J..zJhu- s.i:.C- Date: ;/11 Ii).? , , Fax # -.3"31 -..J&2 f f TOTAL NO. OF PAGES INCLUDING COVER: -3 SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCEk 'brAe ~13fj-dd=-~/~9 o URGENT ~R UPDATE 0 PLEASE cmlMENT 0 AS REQUESTED 0 NOTES/COMMENTS: Please find attached copy/copies of the following: /A?fl -<tV"; . << EpL-y Thank you. Sender's Initials: Ltr__ . BUSY: NG CV POL RET PC i 95375291 95375291 BUSY/NO RESPONSE POOR LINE CONDITION / OUT OF MEMORY COVERPAGE POLLING RETRIEVAL PC-FAX L< 00 47 ... 00 03 BUSY OK TX TX ECM . . Office Location: Mailin~ Address: Town Annex IFirst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown .northf ork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: ~vZ~ Fax # S37~0d.-9/ Date: I/.J-d-./D lf TOTAL NO. OF PAGES INCLUDING COVER: d-.. SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 ar voice recording) ~ + 010 / REFERENCE:: ~~ o URGENT 0 FOR YOUR UPDATE 0 PLEASE COMMENT 0 AS REQUESTED 0 ______________ NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's lnitia~1I? .. ,. USPS Mailing Addres$: Office Location: Town Annex /First Aoor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road PO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 27, 2007 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 6109 Action Requested: Within 500 feet of: Diack LI Sound Setback ( ) State or County Road ( X ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, James Dinizio, Jr., Chairman By: Enclosures Office Location: .- Town Annex /First Floor. North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 . _SPS Mailing Address: 53095 Main Road P.O. Box 1179 Southo1d, NY 11971.0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mark Terry, Principal Planner L WRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 November 27,2007 Re: ZBA File Ref. No. 6109 (Diack) Dear Mark: We have received an application to relocate and make additions/alterations to premises on Long Island Sound in Southold and shown on the enclosed site map. Copies of the L WRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, JAMES DINIZIO, JR. By: aNING BOARD OF APPEALS . MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 lOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htto:/ /southtown.northfork.net December 27, 2007 Re: Town Code Chapter 55 - Public Notices for Thursday, January 24, 200a Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before Januarv 7th: Please send the enclosed legal Notice, with both a Cover letter including your telephone number and a copy of your Surveyor Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAil, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to yOU undeliverable. vou are reauested to make other attempts to obtain a mailina address or to deliver the letter to the current owner, to the best of vour ability, and to confirm how arranaements were made in either a written statement, or durinq the hearinq, ~rovidinq the returned letter to us as soon as possible: AND not later than Januarv at : please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not later Januarv 14th: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Postina prior to January 24, 200a. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. ~ .. -. Mailing Address: Office Location: Town Annex /First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTH OLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: . JOUJ0I.~ Date: , J dID '7 /07 Fax # S-d7- J d--9/ TOTAL NO. OF PAGES INCLUDING COVER: 1- SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: JCA:...-f'I (...L~ r-.2'; r-1 00 R' ~A )) (1 'r ..> Lk CI. A..M. 6 ~~ dJ... "/0 c; o URGENT o FOR YOUR UPDATE 0 PLEASE COMMENT 0 AS REQUESTED 0 NOTES/COMMENTS: Please find attached copy/copies of the following: ~(QI~ ~ ~~ wi jx;l;::o.~ :; Fir) ~ ~ lL.A~ --iA.Jj~ &g- fA /~ PS ~ b Thank you, Sender's Initials: ~ . . NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: MAP #: DIACK, M. 58-2-11 #6109 APPEAL: LI Sound Setback REQUEST: Additions/Alterations DATE: THURSDAY, Jan. 24,1:00 PM If you are interested in this project, you may review the file{s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809