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HomeMy WebLinkAbout6161 APPEALS BOARD MEMBERSO Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing 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 $outhold ?own Clerk FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF ,JUNE 16, 2008 ZBA # 6161 - Application of JAIME AND NANCY SANTIAGO PROPERTY LOCATION: 3745 Nassau Point Road, Cutchogue CTM 111-9-4.1 PROPERTY FACTS/DESCRIPTION: The subject property is a conforming 82,078 sq. foot parcel in an R-40 zone, measuring 200 feet along Nassau Point Road on its western border, 200.03 ft. along Little Peconic Bay on the east, 411.35 ft. deep on a northern border, and 408.94 ft. deep wide on the southern border. The lot improved with a single-family dwelling with garage, as shown on the survey prepared by Nathan Taft Corwin III, Licensed Land Surveyor, dated October 5, 2006, updated April 14, 2008. LWRP: TOWN CODE CHAPTER 268 DETERMINATION: A May 8, 2007 letter was issued by the Town's LWRP Coordinator, Mark Terry, stating this action was reviewed, and stating the action to be inconsistent under the policy standards of Chapter 268, Waterfront Consistency Review of the Town of Southold Code, and the Local Waterfront Revitalization Program, stating that Policy 6.3 requires compliance with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed distance from the pool to the top of the bluff is 80 feet; a minimum setback distance of 100 feet from the bluff line is required pursuant to Chapter 275-3 findings and Chapter 280-116A. The applicant, in proposing to replace a tennis court with an in'ground pool, has mitigated the difficulty of closeness to the bluff by placing the swimming pool 79.4 from the crest of the bluff where the tennis court was 28 feet from the crest, and will be required to meet the requirements as set forth in any and all Board of Trustees Permits under Chapter 275 and/or Chapter 111 of the Town Code. BASIS OF APPLICATION: Request for Variances under Section 280-15, based on the Building Inspector's September 6, 2007 Notice of Disapproval, concerning the location of a proposed swimming pool in a side yard rather than the code-required rear yard or front yard on this lot fronting on Little Peconic Bay. Page 2 - June 16, 2008 ZBA# 6161 -J. and N. Santiago CTM 111-9-4.1 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 29, 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: RELIEF REQUESTED: The applicant seeks permission to construct a 15' x 40' in-ground swimming pool in a side yard location, 33.9 feet from the southerly side lot line and 79.4 feet from the top of the crest of the bluff/bank, as shown on April 14, 2008 site survey prepared by Nathan Taft Corwin III, Land Surveyor. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the pool location variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The pool is to be located on the site of a tennis a tennis court, which has been removed. The pool will be located 79.4 feet from the top of the bank and 144.4 feet from the bulkhead. 2. Town Law §267-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. The property has a natural slope and the proposed location is the largest fiat area on the lot. Placement of the pool in the rear yard would place it unacceptably close to the bulkhead. 3. Town Law §267-b(3)(b)(3). The variance for a side yard pool is not substantial, given that the proposed location leaves a 33 ft. setback from the neighbor's property. 4. Town Law §267-b(3)(b)(5). The difficulty has been self-created. It is the result of the applicant's decision to propose construction of a pool after having located the house too close to the bulkhead to allow locating the pool in the rear yard. 5. Town Law §267-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 Page 3 - June 16, 2008 ZBA# 6161 -J. and N. Santiago CTM 111-9-4.1 enable the applicant to enjoy a swimming pool, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Chairman Goehringer, and duly carried, to GRANT the variance as applied for, as shown on April 14, 2008 site survey prepared by Nathan Taft Corwin III, Land Surveyor, subject to the following Conditions: That a drywell drainage system shall be installed to protect the bluff/banks from collection of water or rainwater runoff. A backwash mechanical system must have a proper drywell system installed for pool drainage and located not closer than 79 feet to the crest of the bluff/bank. 3. Pool mechanical equipment shall be housed in a sound dampening box. The above conditions shall be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the 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 Goehringer (Chairman), Dinizio, Oliva, Simon, and Weisman. This Re~uly acl~:~;~5-0).~ f.~ard ?. Goehringer, C]~airm/a/n 6/~/2008 y Approved for Filing FORM NO. 3 NOTICE OF DISAPPROVAL TOWN OF SOUTHOLD TO: James Zizzi for J & N Santiago 10 Cedarfield Terrace St. James, NY 11780 Please take notice that your permit dated August 27, 2007 Date: September 6, 2007 OARD OF APPEALS For a permit for construction of an accessory inground swimming pool at Location of Property: 3745 Nassau Pt. Rd., Cutchogue County Tax Map No. 1000- Section lll Block 9 Lot4.1 Is returned herewith and disapproved on the following grounds: The construction of an inground swimming pool on a conforming, 82,028 sq. 1~. parcel in a R40 Zone is not permitted pursuant to Article XXII, Section 280-15 which states: "In the Agricultural-Conservation District & Low-Density Residential R80... Districts, accessory buildings & structures or other accessory uses shall be located in the required rear yard, ..." The proposed inground swimming pool will be located in the side yard. Authorized Signature / / / / ~oT (~ / / / / / ~'/ ¢' X LOT COVERAGE DATA DESCRIPTION AREA % LOT COVERAG EXIST. BEACH BUILDING 128 sq. fi. 0.2% PROPOSED HOUSE 4.189 sq. ff. 5.1% FRONT PORCH 358 sq. ff. 0.4% INGROUND POOL 66~ sq, fl, 0,8% STONE PATIO W/STEPS 2,964 sq. ff. 3.6% FISH POND 210 sq. ff. 0.3% TOTAL 8,510 sq. ff. 10.4% / / / HOLE 411.35' 40B.94' 0 0 SURVEY OF LOTS ~0 & 21 MAP OF SECTION A NASSAU POINT CLUB PROPERTIES, VILE No. 745 FILED OCTOBER 4, 1919 SITUATED AT NASSAU POINT TOWN OF SOLJTHOLO SUFFOLK COUNTY, NEW YORK S.C. TAX No. ~000-111-09_4.1 SCALE 1"=20' OCTOBER 5, 2006 DECEMBER 20, 2008 ADDED SITE PLAN JANUARY 10, 2007 ADDED WOOD BOARD WALLS ON BLUFF FEBRUARY B, 2007 REVISED SITE PLAN FEBRUARy 13, 2007 REVISED SITE j~Ly~¥. ~,o~o~ B~ LAT. FOR ~RO~OBEB AUDDST B, BO0~ AB~F%~g.~E'~%B. NOTIBE FEBRUARY 19, 200B REVIsENDE PAT)O & REFAININB WALL FISH POND APRIL 14, 200B ADDED LOT COVERAGE AREA = 82,028 sq. ff. (TO ~E UN,S) 1.883 ac. INC CERTIFIED TO~ JAIME A. SANTIAGO NANCy SANTIAGO NOTEs: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~ EXISTING CONTOUR LINES ARE SHOWN THUS: .... 50--- PROPOSED CONTOUR LINES ARE SHOWN THUs: ~ 2. MINIMUM SEPTIC TANK CAPACITIES FOR A 5 BEDROOM HOUSE IS 1 TANK; 8' DIA. 5' LIQUID DEPTH 5, MINIMUM LEACHING SYSTEM FOR A 5 BEDROOM HOUSE 1 POOL; 16' DEEp, 8' dia. ~PROPOSED EXPANSION POOL ~PROPOSED LEACHING POOL ( O~PROPOSED SEPTIC TANK 4. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON 5. OBSERVATIOHS AND/OR DATA OBTAINED FROM OTHERs, 1,500 GALLONS. IS 400 sq ff SIDEWALL AREA. ARE FROM FIELD EXISTING SEPTIC SYSTEM STRUCTURES SHALL BE PUMPED CLEAN AND REMOVED, IN ACCORDANCE WITH S.C.D.H.S. STANDARDS. THIS PROPERTy rs NOT A COASTAL ZONE MANAGEMENT AREA. TEST HOLE DATA (TEST HOLE DUG BY J~;~O~N_~J,~_GEO$~j_F~V~FT-ON FEBRUARY 26, 2007) 17' BOARD OF APPEALS N.Y.S. Lic. No. 504-67 Nathan Taft Corwin III Land Surveyor PHONE (631)727-2090 F~x (631)727-1727 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APF gALS Filed By: ', Date Assigned/assignment No. ee:~ffice Notes: ~ ........... ALS HouseNo. 3745 Street Nassau Point Road Hamlet Cutchogue SCTM 1000 Section 111 Block 9 Lot(s). 4.1 Lot Size 82~028 Zone R-40 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED September 6, 2000_ BASED ON MAP DATED Applicant(s)/Owner(s): Jaime & Nancy Santiago Mailing Address: 10 Cedarfield Terrace~ St. James~ NY 11780 Telephone: c/o James Zizzi 987-6730 Fax #: __ Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( ) Owner, or ( ) Other: Agent's Address: 51020 Main Road, Southold NY 11971 Telephone 631-765-4330 Fax#: 765-4643 Emaih pcmooorel(~optonline, net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED August 8~ 2008 DENIED AN APPLICATION DATED __ August 17~ 2008 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: and Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article III Section 280- 15 Subsection (pool in side yard) Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has, X has not been made at any time with respect to this property~ UNDER Appeal No. __Year__. (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Jaime & Nancy Santiago ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (I) An undesirable change will not be produced in the CHARACTI detriment to nearby properties if granted, because: The parcel contai~ the side yard. Mr. And Mrs. Santiago combined the two lots and constr~ integrated with the house but placed in the side yard in order to mnximi: the bank and bulkhead. The tennis court was located in the side yar, bank. The proposed pool is pushed back to 79.4 feet from the top of the bank and 144.4 feet from the bulkhead. R of th~[i~igl~b~rh~,~d~ or a I a house and tennis court in ted a new house. The pool is The Zoning board has granted other variances for pools in the side yard in Nassau Point. This design has become popular with waterfront homes because it preserves the views and maximizes the setbacks to the water. On Carrin~ton Road - Harrin~ton orooerty (now EIChaar), has a pool in the side yard (variance # 1452 dated 9/71) and JSC Builders recently requested a variance for the pool in the side yard which was granted. (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: If the pool were in the "rear yard" the pool would be close to the bulkhead. The property is naturally sloped, the pool and retaining walls which will protect the 0ro0ertv and adioining orooerties from water runoff. This property and the adiacent property have designed extensive drainage systems to protect the banks from rainwater runoff. The pool is proposed in the side yard, next to the house and 33 feet from the side yard~ this is the best placement for the pool and protects the owner's and neighbor's privacy. (3) The amount of relief requested is not substantial because: The pool maintains all required setbacks. The location of the pool in the side yard~ if connected to the principle structure~ is permitted. Therefore, this is a technical violation of placement of the accessory structure while maintaining existing setbacks from the bulkhead. The pool is proposed further away from the blaff then existing structures. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The property has been developed with walkways and retaining walls which capture all rain runoff. All environmental issues affecting the property are mitigated. The house complies with all draina.oe requirements (5) Has the alleged difficulty been self-created? ( )Yes, or ( X)No A pool in the front yard would be undesirable by the property owner and affect the privacy of the neighborhood. Are there Covenants and Restrictions concerning this land: E No. BYes(l~leasefurnishcot~v). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF ~4 USE VARIANCE IS BEING REQUESTED, AND PLF~4SE COMPLETE THE ATTACHED USE VARL4NCE SHEET: (Please be sure to consult your attorney.) nacre of Appellant or Authorized Agent Sworn to before me thi~V-~ 4~ (Agent must submit written Authorization from Owner) dr of ota~ P.~ i PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 April 15, 2008 Southold Town Zoning Board of Appeals Chairman Goehringer and Board Main Road Southold, NY 11971 By Hand Re: Jaime Santiago & Nancy Santiago 1000-111-09-4.1 BOARD OF APPEALS Dear Mr. Goehringer and Board: Enclosed please find following: 1. CURRENT NOTICE OF DISAPPROVAL from the Building Inspector construction of swimming pool in the "side yard". 2. ZBA APPLICATION 3. Pre-CO for house and tennis court 4. Project description with survey updated April 14th showing setbacks and lot coverage 5 reduced survey dated July llth, 2007 submitted for the notice of disapproval 6. Transactional disclosure form and questionnaire 7. No covenants and restrictions 8. assessor's property card 9. LWRP and EAF(type II) 10. My client's check payable to "Town of Southold" Thank you for your continued court~ies. Ver~ruly y/~rs, PatriciaC'~.~oor~ cc: Mr. And Mrs Santiago Mr. Zizzi for TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL ' ~OUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined 20 __ Approved ,20 Disapproved a/c ~/Tt~ Expkafion ,20__ BLDG. DEPT. TOWN QF S©UTHOLD UILDING PER/~iT APPLICATION CHECKLIS! Do you ha~lr need the following, before applying~ Board of Health 4 sets of Building Plans Planning Board approval Survey_ PERMIT NO. Check ~ ~ Septic Form ~"'~~'~'~ \ N.Y.S.D.E.(~.. \ u ~'~ - ~ Trustees / -~ ~ ~ \Contact: -- \ ~?~ ~ '~" ~ ../ Mailto: Phone./ / Building Inspector APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date , :ow ? a. This apphcation MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by th.is application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from Such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housin~g~de, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. '(Mailing addres~of appl(cant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder - ' (As on t.ffe tax roll or latest deal) If applicant ~/~/c/p,-,poration, signatu~ of duly authorized officer ~le of corporate officer) ' l~6//lders License No. PI'umbers License No. Electricians License No. Other Trades License No. 1. Location of land on which proposed work ~y, ill be~done: House Number Street Hamlet County Tax Map No. 100~0 Section /// Block ,~ Subdivision /~t~./~t.~//?/o~,..~z,_ ~ Filed Map No. ? P'f'~ (Name) Cot Lot ~t q / ~/f !. State existing use and oecul~Y ofp~en}i,'ses and intend, edulg_ancfo~,aney of proposed eoustmetion:_.. a. Existing use and occupancy ~-,~ ?t::,~r~;~ ~ ~-4~ ,~,~. ~, __ Nature of work (check which applicable): New Building. Repair ~ Removal -- Demolition Estimated Cost If dwelling, number of dwelling units If garage, number of cars ~ Fee Addition --- Alteration Other Work.~r~/~ ],~ -- (Description) (To be paid on filing this application) Number of dwelling units on each floor ,---- J. If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Frotu ---- Height ~._ Number of Stories Rear '---' Depth Dimensions of same structure with alterations or additions: Front ,--'- Rear-- Depth ~- Height. "-- Number of Stories ~ I. Dimensions of entire new construction: Front '- Rear ~-- Depth Height ,- Number of Stories ~- ). Size of lot: Front ~ / Rear ~::L 0 Y ' Depth c//, $ j ~' · 0. Date of Purchase ~ .S?~, 2oa rt Name of Former Qwner tr~3'' · 1. Zone or use district in which premises are situated · 2. Does proposed construction violate any zoning law, ordinance or regulation? YES__ · 3. Will lot be re-graded? YES k/ NO __ Will excess fill be removed from premises? YES NO ~ 4. NamesofOwnerofpremises f~l~tA~-..$.~- Address f~7',t~.~ ~//~-aPhoneNo. ~.,~/ '~'[ Y~/O NameofArchitect ttttZ.~e.[~ Address f'~t,.//.2,y? pr'Y' PhoneNo ~'v/' :,~"7~q~'~ Name of Contractor ,.'ft./-~ tv-=- P/. 7r-z-t t Address,,~,d2. ,~t~-~/.a-~7 Phone No. ~'Y/' ~, f) :~t: 37~' 7. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. ',TATE OF NEW YORK) s s: ,.'~40 ~¢::/' ~' 2,~ "t.l being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, S)He is the /'~-~ (C~on actor, Agent, Corporate Officer, etc.) f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; mt all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be erformed in the manner set forth in the application fried therewith. worn to before me thi~ Signature of Applicant TOWN OF SOUTHOLD CODE INSPECTION REPORT LOCATION: 3745 NASSAU POINT RD SUBDMSION: NAM~ OF O~E~ (S): GERALDINE C CASE OCC~IPANCY: SINGLE FAMILY DWELLING A~-~-r~a~ NY: SUZAATNE MCDUFFFEE CUTCEOGUE MAP NO.: LOT (S) GERALDINE C CASE SO, CE OF P~EQUEST: PATRICIA C. MOORE, ATTY 9/7/06 DATE: 09/22/06 APR BOARD OF APPEALS STORIES: ~'~'T.T.~H: PART 2.5 # EXITS: --3 PATIO TYPE: ACCESSORY STRUCTURES: C~, T~ OF C~ST.: CAR WOOD FRAME STORAGE, T~E CONST.: ~r~: TENNIS COURTi&ACCY 14'X17'WOOD FRAME BEACH HOUSE WITH STEPS & LANDINGS VIOLATIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART. SEC. /~H ~ DA~ ON I~SPECTIUN: 09/22/06 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY APR 2 BOARD OF APPEALS No: Z- 31832 Date: 09/22/06 THIS C~I{TIFIES tlLat the builclin9 DWELLING Location of Property 3745 NASSAU POINT RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax ~lap No. 473889 Section 111 Block ~009 Lot 004.001 Subdivision Filed Map No. ~ Lot No. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9~ 1957 pursuant to which C~I~TIFICATH OF OCC~PANCYNI3~ER Z- 31832 dated SEPTEMBER 22~ 2006 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY GARAGE, TENNIS COURT & BEACH HOUSE* The certificate is issued to GERALDINE C CASE (OWNER) of the aforesaid building. ~UFFOLKCOIIIFfYDEPARTF~gNTOFI~gAL~HA~PROVAj~ HLE¢-iaICAL CERTIFICA~]~ NO. PLDI~BERS CI~I(TIFICATION DA'rinD *PLEASE SEE ATTACHED INSPECTION REPORT. N/A N/A N/A Rev. 1/81 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Jaime & Nancy Santiago__ Date Prepared:April 15, 2008 BOARD OF APl I. For Demolition of Existing Building Areas: setbacks and lot coverage shown on Nate Corwin's survey last dated April 14, 2008 Please describe areas being removed: tennis Court located 28 feet from the top of the bank II. New Construction Areas (New Dwelling or New Additions/Extensions): Pool Architect has identified individual square footage on plans (pool) 661 sq.ft. with patio 2,964 sq.ft. Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: 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: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: new house and patio_ Proposed increase of building coverage: .8% Square footage of your 1ot:_82,028 sq.ft. Percentage of coverage of your lot by building area: 10.4% includes oatio on urade V. Purpose of New Construction Requested: construct pool VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): location of existing tennis court to top of bank 28 feetl pool is set back 79.4 feet from the top of the bank and 144.4 feet from the bulkhead. The property is naturally sloped with the pool at a lower elevation then the house. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 1/2006 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 33333 Z Date AUGUST 21, 2007 Permission is hereby granted to: for : J & N SANTIAGO 3745 NASSAU PT RD CUTCHOGUE,NY 11935 DEMOLITION & CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING WITH ATT 3 CAR GARAGE, COVERED FRONT PORCH, REAR DECKING & 2ND FL ROOF DECKS PER TRUSTEE at premises located at County Tax Map No. 473889 Section 111 pursuant to application datedAUGUST Building Inspector to ex~pire on FEBRUARY 3745 NASSAU POINT RD CUTCHOGUE Block 0009 Lot No. 004.001 7, 2007 and approved by the 21, 2009. Fee $ 6,469.00 Authorized Signature COPY Rev. 5/8/02 0 PLUMBING ALL PLUMBING WAgTE ~WATER UNES NEED TESTING BEFORE COVERING OCCt ?~ ~m~/c,q °~-'°' '-' rUL ~'°~n¥~lTH~UT CERTIFICATE A~ ~ ~ ~OF O~CUPANCY BOARD OF APCEAL~/ C, , ~FI~ OF OCC~CY .~ 'LDER USED/N WATER ,: ~ ~PPL Y S ~ ~ ! EM CA NNOT ~XC~D~O OF 1% LEAD. DO NOT PROCEED WITH FRAMING UNTIL SURVEY OFFOUNDATION LOCATION HAS BEEN APPROVED. .r, ~.._~_~ ~ ~ ~" DATE:X~f'~ ~-~ mp ~ ~ FEE._ ~&~' -BY:~ NOT,' ~ ~3 DEPARTMENT AT 765480~ 8AM TO 4PM FOR TH~ FOLLOWING INSPECTIONS: 1. FOUNDATION ' ~0 REQUIRED FOR POURED CoNCReTE ~. ROUG~ - FRAMING & pLUmBING $. INSU~TION 4. FINAL - coNSTRUCTION ~UST B~ COMPLETE FO~ CO. ALL CONST~U'?~q S~ t. MEET THE REOUiRE~EN~ :: ~.~-: "O~EC OF NEW YORK STATE. ~, ~=?t,~b,L~E FO~ D~8IGN OR CONSTR~G~iON ERRORS. ALL CONSTRUCTION ML~. THE REQUIREMEF~ ;~, CODES OF NEW YORi~; CERTJI~ICATION NAILING & CONNECTIONS REQUIRED. ~IOERWRt~RS CER~'~E RE~JRF. J) COMPLY W!TH ALL CODES OF NEW YORK STATE & TOWN CODES AS REQUIRED AND CONDITIONS OF "~-- SOUTHQ.D TOWN Z~A SOUTHOI. D T0'~ PLANING BOARD SOU'r~D'rO~TRUST~ES N.Y.S. D~C /23/07 **REVISION DA~: PURSUANT TO Cl NEW RESIDENCE, FOg ~-i:,~-,ow, c~ MR. & M:RS. 'S I),GO NASSAU POINT ROAD TOWN OF sOUTHOLD, .NEW YORK MICHAEL W. BEHRINGER. ~Hli~CT SOUTHAMPTON, N.Y. 631,,,-'~87- 9474 04/t2/07 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (6311765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD June 20, 2007 Mr. Robed E. Herrmann En-Consultants, lnc. 1319 Nodh Sea Rd. Southampton, NY 11968 RE: JAIME & NANCY SANTIAGO 3745 NASSAU POINT RD., CUTCHOGUE SCTM#111-9-4.1 BOf',,~D O¢ APPEAL~ Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wed., June 20, 2007 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of JAIME & NANCY SANTIAGO applied to the Southold 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 April 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 6 of the Local Waterfront Revitalization Program to the greatest extent practical through the imposition of the following Best Management Practice requirements: the installation of gutters and drywells to contain the roof run-off, a 15' non-turf buffer landward of the crest of the bluff, and the installation of a row of staked hay bales with a silt retention fence during construction, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on June 20, 2007, at which time all interested persons were given an opportunity to be heard, and, 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 Water[ront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of JAIME & NANCY SANTIAGO to demolish and remove an existing 2 ½ story dwelling and appurtenances, including a tennis court, and construct in new, landward location a two-story, one-family dwelling with attached porch, patio, deck, pergola, and other associated appurtenar~ces, including an in- ground swimming pool; install a drainage system of drywells with incorporated concrete retaining wall; erect a fence; install a fish pond; and truck in approx. 26 cy. clean sand fill to be incorporated into cut and fill operations required to achieve proposed grades, and with the condition a 15' non-turf buffer is installed landward of the crest of the bluff, a row of staked hay bales with a silt retention fence is in place prior to the start of construction, and all as depicted on the survey prepared by Nathan Taft Corwin III last dated July 11, 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: $50.00 Very truly yours, President, Board of Trustees JFK/Ims James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOVfiN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION, FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1st day of construction ½ constructed Project complete, compliance inspection. OF AP'FEALE SURVEY OF LOT~ 20 & 2! MAP OF $~CTION A NASSAU POINT CLUB PROPERTIES, 1NC. NASSAU POINT SUFFOLK COUNTY, NEW YORK TEST HOLE DATA TOWN OF SOUTfiOLD Nathan Taft Corwln III Land Surveyor BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6654 DATE: JUNE 20~ 2007 ISSUED TO: JAIME & NANCY SANTIAGO PROPERTY ADDRESS: 3745 NASSAU POINT RD. CUTCHOGUE SCTM#1 l 1-9-4.1 AUTHORIZATION Ptu'suant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on June 20, 2007, and in consideration of application fee in the sum of $250.00_paid by Jaime & Nanc subject to the Temps and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and pexaq~its the following: Wetland Permit to demolish and remove an existing 2 ~ story dwelling and appurtenances, including a tennis court, and construct in new, landward location a two- story, one-family dwelling with attached porch, patio, deck, pergola, and other a appurtenances, including an/n-ground swimming pool; install a drainage system of drywells with incorporated concrete retaining wall; erect a fence; install a fish pond; ant truck in approx. 26 cy. clean sand fill to be incorporated into cut and fill operations required to achieve proposed grades, and with the condition a 15' non-turf buffer is installed landward of the crest of the bluff, a row of staked hay bales with a silt retention fence is in place prior to the start of construction, and all as depicted on the survey prepared by Nathan Taft Corwin III last dated July 11, 2007. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. EXCAVATE Office Use Only Coastal Erosion Permit Application Wetland Permit Application Administrative Permit ~_A mendmentJTrans fer/Extension __Received Application: __Received Fee:$ __Completed Application __Incomplete __SEQRA Classification: Type I Type Il Unlisted__ __Coordination:(date sent). __CAC Referral Sent: __Date of Inspection: __Receipt of CAC Report: __Lead Agency Determination: __Technical Review: __Public Hearing Held: __Resolution: BOARD OF APPEALS Name of Applicant Address c'~/-,/~'- /'/./'~_c~_.~:t~.~ /~2~7 _~'~-~~ Phone Number:( Suffolk County T~ gap Number: lO00- ///~ ~- Prope~ Location: ~ 7~ff ~z ~ (provide LILCO Pole ~, di~ance to cross streets, and location) Phone: )ard of Trustees Applicat Land Area (in square feet): Area Zoning: /~- ~o Previous use of property: GENERAL DATA BOARD OF APPEALS Intended use ofproperty: O_~,~'Ftr. a~ ~;~,~. ~*.~?-~/~/ ! Covenants and Restrictions: Yes ~ No If "Yes", please provide copy. Prior permits/approvals for site improvements: Agency Date __ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? /~' No Yes If yes, provide explanation: Project Description (use attachments if necessary):. pard of Trustees Ap~ WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: /(7. ~0/ '/-0 ~ i - /-- ' ~ ~ ) ~ ~ / I ~ea ofwetl~ds on lot: ~4{~a~ squ~e feet Percent coverage of lot: '~-O .% Closest distance between nearest existing structure and upland edge of wetlands: //,~ D feet Closest distance between nearest proposed structure and upland edge of wetlands: /~,o ' feet Does the project involve excavation or filling? If yes, how much material will be excavated? /5) cubic yards How much material will be filled? (Z) cubic yards BOARD OF APPEALS Depth of which material will be removed or deposited: O feet Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): Board of Trustees Application County of Suffolk State of New York BEING DULY swoP DEPOSES AND AFFIRMS ~I'HAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS Signature 20 BOARD OF APPEALE )~Q~ 05/29/2008 11:29 631727@1( SOZLJ~DR~TER ~S~,KV'ATZ~ DISTR~CT F~X:(g~l}TZT-31G0 USDA NRCS COUNTY OF SUFFOLK PAGE Thomas J. Mc~abo~ (651)727-2315 82/82 May 29, 2008 Gerard P. Goehringer, Cha~,~an Southold Town Board of Appeals 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 RE: ZBA Ref No 6161 (Santiago) Dear Chairman Goehringer: As per your request a site investigation was conducted at 3745 Nassau Point Road in Cutchogue (SCTM# 1000-111-9-4.1). This site is the location for the proposed in-~round sw/mming pool on the side yard. No natural resource concerns were found at the site. The subject property is located on Little Peconic Bay and slopes away from the bluff. The bluff appears to be in good condition with vegetation and minimal erosion. A new planting of Rosa rugosa was noted at the top of the bluff. It is recommended that only native plants are used in this area, This will reduce the need for pesticides and fertil/zer. In addition, every effort should be made during construction to min/mize soil disturbance and maintain or re-establish vegetative cover. Should you require further information or have any questions please do not hesitate to contact me at the number above. cchnician Cornell Cooperative Extmnsion Building * 423 Gri{fing Avenue * Riverhead, NY 11901 DEPARTMENT OF PLANNING INTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE P DIRECTOR OF PLANNING May 28, 2008 Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY t 1971 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) Mooney/End of Road LLC 6013 Principi 6150 Seber 6156 Judge 6158 Swing 6158 Ferrara 6160 Santiago 6161 McLaughlin 6162 Young 6163 Berkowitz 6165 Kalas 6166 Jeffries 6167 Juul-Nielsen 6168 Sendlewski 6169 Very truly yours, Thomas Isles, AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc LOCATION MAILING ADDRESS H. LEE DENNISON B[-DG, - 4TH FLOOR · P.O. BOX 6100 (631} 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788~0099 TELECOPIER (631} 853-4044 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: From: James King, President Town of Southold Board of Trustees / Mark Terry, Principal Planner LWRP Coordinator Date: May 8, 2007 Re: Request for Wetland Permit for JAIME & NANCY SANTIAGO SCTM# 111-9-4.1 JAIME & NANCY SANTIAGO request a Wetland Permit to demolish and remove an existing 2 ½ story dwelling and appurtenances, including a tennis court, and construct in new, landward location a two-story, one-family dwelling with attached porch, patio, deck, pergola, and other associated appurtenances, including an in-ground swimming pool; install a drainage system of drywells with incorporated concrete retaining wall; erect a fence; install a fish pond; and track in approx. 26 cy. clean sand fill to be incorporated into cut and fill operations required to achieve proposed grades. Located: 3745 Nassau Point Rd., Cutchogue. SCTM# 111-9-4.1 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 (LWRP) Policy Standards. Based upon the information provided on the LWRP 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 Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the SouthoM Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed distance to the new residence from the top of bluff is 74 feet~ the patio is proposed 65' from top of bluff~ the pool is proposed 80' from top of bluffl a minimum setback distance of 100 feet from the bluff line is required pursuant to Chapter 275-3.Findings; puroose; ,iurisdictionl setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practical Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Ao All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and Other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 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 LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southolthown.northfork.net), the Board of Trustees Office, the Planning Deparanent, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-111-09-4.01 AGENT: Patricia C. Moore The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees r-1 Zoning Board of Appeals X_ 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: [] Type: Town of Southold LWRP Consistency Asscssmcnt Form 1 Nature and extent of action: construct a swimming pool in a side yard Location of action: 3745 Nassau Point Road, Cutchogue Site acreage: 82,028 Present land use: residence under construction, tennis court to be removed and pool located further back then tennis court Present zoning classification: r-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Jaime Santiago & Nancy Santiago (b) Mailing address: c/o Patricia C. Moore 51020 Main Road, Southold 11971 (c) Telephone number: (~) 765-4330 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of SouthoM that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use o fa coastal location, and minimizes adverse effects of development. See L WRP Section II1 - Policies; Page 2for evaluation criteria. Yes X No El Not Applicable [] Discussion (if appropriate): an accessory recreational use of residential property enhances the community character, thc location of the pool in the side yard maximizes the setback from the top of the bank Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): no archeological or historic resources Town of Southold LWRP Consistency Assessment Form 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III- Policies Pages 6 through 7for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): The proposed pool is located where an old tennis court was located, the tennis court fence will be removed and the property is visually enhanced. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III - Policies Pages 8 through 16for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): extensive drainage has been installed for the new house and for all patios, the pool is set back from the bank beyond the existing structures Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section Ill- Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): pool will not impact water quality Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section lll- Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): the pool is located 40 feet above the Bay, all water runoff is contained with no impact on coastal fish and wildlife Policy Z Protect and improve air quality in the Town of Southold See L WRP Section III- Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): residential pool has no impact on air quality- mosture evaporates and improved air quality Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section III -Policies; Pages 34 through 38for evaluation criteria. Town of Southold LWRP Consistency Assessment Form 3 Yes [] No [] Not Applicable X Discussion (if appropriate): no impact on solid waste PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): access along the water is no affected WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): not a water dependent usc, residential Policy I1. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): pool is in Nassau Point 40 feet above the Bay Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section Ill - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate)-' no agricultural land affected Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ili- Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): no impact on energy or mineral resources *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Jaime & Nuncv Santiago _ 1000-111-9-4.1 Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? No E Yes, please explain on attached sheet. Property is sloped and retaining walls were constructed to capture all rain runoff (see survey) 1) 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) lfyour 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: permit 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? seaward of bulkhead- Little Peconic Bay E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? Yes If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: House under construction 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 H. Please list present use or operations conducted at this parcel residence with pool and proposed use same . f-. (~e~i~i/l~: existing: single-family; proposed: same with garage or pool, or other description.) 'Authorized Signature and Date 2/05; 1/07 617,20 SEQR PROJECT iD NUMBER APPENDIX C STATE ENVIRONMENTAL QUALI~Y REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 1. APPLICANT / SPONSOR 2. PROJECT NAME 3.PROJECT LOCATION: ~ 7,~,/.~ /~ (.~;~// ~J~ 4. PRECISE LOCATION: S~e~ Addess and Road I e sections, Prominent landmarks etc -or ~rovide ma~ 5.1S PROPOSED ACTION: ~ New D Expansion ~Modification/alteratJon 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF ~ND AFFECTED: Initially ~ acro~ Ul~mat~ly acm~[ ~OARD OF APPEALS 8. ~LL PROPOSED ACTION COMPLY WITH ~ISTING ZONING or OTHER RESTRICTIONS? ~Yes ~ No If no, describe briefly: 9. WHAT IS PRESENT ~ND USE IN VICINI~ OF PROJECT? (Choose as many as apply.) ~'Residen0al ~lndustrial ~Commercial ~Agriculture ~Park/Forest/OpenSpace ~O~er (describe) 10. DOES ACTION I~OLVE A PERMIT ~PROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, S~te or L~l) ~Yes ~ No If yes, list agency name and pe~it / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~Yes ~No If yes, list, agency name and posit / approval: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMit/ APPROVAL REQUIRE MODIFICATION? [ CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant ~Z, ~ ~~ Date: ~. ~. O~ Signatur~ -//~ ~ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment 61Z21 State Environmental Quality Review SHORT ENFIR O NMEN TAL ASSESSMENT For UNLISTED ACTIONS Only PART I - Project Irdormation (To be complete by Applicant or Project sponsor) 1. Appticant / Sponsor 2. Pr0ject Name 3. Project location: Municipality ~"' County 4. Precise location (Street address and road intersections, prominent landmarks, etc. or provide map) 5. Is proposed action: l(X~NEW ( )EXPANSION ( )MODIFICATIONIALTERATION 6. Descdbe project briefly: 7. Amount of land affected: Initially: ~ acres; Ultimately: ~ acres 8. Will proposed action comply wi~h exJsUng or other existing land use restrictions:( ) YES (,~') NO If No, descdbe bdetiy: 9. What is present land use in vicinity et project: (describe): (~ Residential ( ) thdustdal ( ) Commercial ( )Agricultural ( ) ParkJForest/Open Space ( } Other 10. Does action Involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, State or Local) ('~'~) YES ( ) NO If Yes, list agency(s) and permit/approvals: 11. Does any aspect of the action have a currently valid permit or approval? ( ~[~YES ( ) NO%%'C'd'/d}~rp~'E<2~lf Yes, list agency(s) and pelmit/approvals: 12. As a result of proposed action, will existing permit/approval require modification? 1( )YES (~_,~ NO If Yes, list agency(s ) and permilJapprovals: I certify that the information provided above is true to the best of my kn. owledge Applicant / Sponsor Name: Date: Signature:l, '~ If the actl~ the Coastal Area, and you are a state agency, complete the Coastal Assessment Fo~ before proceeding with this assessment APPEALS BOARD MEMBER; Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman Mailing 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 TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 June 20,2008 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA #6161 - Santiago, Jamie and Nancy Variance application Dear Ms. Moore: Transmitted for your records is a copy of the Board's June 16, 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, Encl. Copies of Decision to: Building Department Town Clerk (Original for filing) Linda Kowalski 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 SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville April 24, 2008 Zoning Appeal No. 6161 Transmitted herewith is Zoning Appeals No. 6161 of Jaime & Nancy Santiago- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is a Cover Letter from Patricia C. Moore Listing the following: Notice of Disapproval from Building Department, Housing Code Inspection Report, Copy of Application for Building Permit with Disapproval, Pre-Existing Certificate of Occupancy, Applicant's Project Description, Survey Updated April 14, 2008 Prepared by Nathan Taft Corwin III, Reduced survey dated July 11, 2008 Prepared by Nathan Taft Corwin III submitted for Notice of Disapproval, Transactional Disclosure Form, 3 Pages of Property Record Cards, LWRP Consistency Assessment Form, Questionnaire, Short Environmental Assessment Form, Info on System:3 Mod Media Filter for Pool (No Backwashing Required), Authorization Letter from Jaime & Nancy Santiago to Patricia C. Moore to represent them in this matter. TOOf Southold P.O Box 1179 Southold, NY 11971 Date: 04/23/08 * * * RECEIPT * * * Receipt~: 16675 Transaction(s): 1 1 Application Fees Reference Subtotal 6161 $400.00 Check#: 124 Total Paid: $400.00 Name: Santiago, Jaime & Nancy 3745 Nassau Point Rd Cutchogue, NY 11935 Clerk ID: CAROLH Internal ID: 6161 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4/22/08 ZBA # NAME CHECK # AMOUNT TC D.A'[E._STAMP 6161 Santiago, Jaime and 114 $400.00 ~II~R 2 3 2008 Nancy ~ufholci 'l'ow~i Clerl~ $400.00 By__ Thank,,ou. APPEALS BOARD MEMBER~ Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing 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.nor th fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 29, 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 SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ MAY 29~ 2008: 2:45 P.M. JAIME and NANCY SANTIAGO #6161. Request for a Variance under Section 280-15, based on the Building Inspector°s September 6, 2007 Notice of Disapproval concerning a proposed swimming pool in a side yard rather than the code-required rear yard or code- permitted front yard on this lot fronting along Little Peconic Bay, at 3745 Nassau Point Road, Cutchogue; CTM 1000-111~9-4.1. 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: May 9, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 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 each week for 1_.. week(s), successively, commencing on the 15th day of May, 2008. ~,.~a~ ' '" Principal Clerk day of CHRISTINA VOUNSKI NOTARY PUSLIC-$TATE OF NEW YORK NO, 01-V06105050 Quol~flec/ In Suffolk Count,/ E~oildlng Inspector's September6. 2007 proposed ~SVAlnin~g pool In a side yard Iot'f~onfing along Little PeaOnic Bay, TOWN OF $OUTHOLD RECORD CARD '~ OWNER ~.~RES. ~, 1~ SEASi VL. LAND NEW FQrm Tillable 2 Tilbble 3 Woodland Swempl~nd Brus~lend, House Plot IMP. / o8~0 ~ooo NORMAL Acre STREET N S VILLAGE W DISTRICT I SUB. ACREAGE TYPE OF BUILDING LOT FARM COMM. ND. CB. MISC. TOTAL DATE REMARKS :~ ,'~ o V---'4,..' '/~ ..... :::~'-:2 -~"~ ..... F~'~ I ON TO ' ' ' ~- , '-~-' :~7:] ~ ..... '~ ..... ~ .... ~,~ ,_ -:~-. ~ .~ . ................ Value Per Acre Value COLOR TRIM I st 2nd ,>-t~:,~ ~ Bath ~' ~/~._ Dinette ' ~ 0 ~7 ~ j OTHER COMBO Extension Basement i0, lf P~'~L Floors 0~ Kit' E~jgn tiffin: l~ ,~5 ~i~ed a' ~5 I~3=~/~ Interi°r Finish L.R Extension Fire Place ~ Heat D.R. f~ ~1~ Dormer ~PatJo . F~m. Rm. Poo~ ~ ~ P O~ Foyer A.C. ~und~ Libra~/ O.B. Study Dock Ext. Walls Fire Place l. Ft.,"t Ztb[?, ..J~ ,.~' ~, , ;~;. Porch Patio ~mge ~ ~ Driveway .' ~Z ~ ,.,~ _., _~Z, Bath ] ~U:/~ interior Finish Porch Attic Rooms ist Floor Rooms 2nd Floor U ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JAIME & NANCY SANTIAGO AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-111-9-4.1 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, depose and say that: On the:~ I day of May, 2008, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the 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 the date of the subject hearing date, which hearing date was shown to be Thursday, Sworn to before me this c_~_~ day of May, 2008 *near the entrance or driveway entrance of the property, as the area most visible to passersby. PATRICIA C- 51020 MAIN ROAD SOUTHOLD NY 11971 ESQ- 7192 6463 3110 0000 1031 1. Article Addressed To: LEONARDO & LUISA TIRADO 58 W 58TH STREET NEW YORK NY 10019 *1 PATRICIA C- MOORE ESQ. 51020 MAIN ROAD ' SOUTHOLD NY 11971 ~ A. $ig t : ( d / Age Clearly) C. MOORE ESQ- N ROAD NY 11971 ,ture: nAgent) ~ Print Clearly) ~'c. Date PI eliv I1~ D. Addressee's Address PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 re: C. Date 4. Restricted Delivery? 3, Service Type (Extra Fee) [~Yes CERTIFIED 2. Article Number 7192 6463 3110 0000 1024 7192 6463 3110 0000 1024 t. Article Addressed To: WILLIAM & LUCILLE SCHNEIDER 92 STONY RIDGE DRIVE HILLSDALE NJ 07642 4. Restricted Delivery? J 3. Service Type ~ (Extra Fee) [] YesJ CERTIFIED J2. Article Number 7192 6463 3110 0000 1017 7192 6463 3110 0000 1017 1. Article Addressed To: JONATHAN & ANDREA PARKS 3995 NASSAU POINT ROAD CUTCHOGUE NY 11935 4. Restricted Delivery? 3, Service Type (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3t10 0000 1048 Jllllfflllllll llllllllllllllll 7192 6463 3110 0000 1048 1. Artlcle~dressed To: MICHAEL & MARGARET SALERNO 14 JESSICA PLACE ROSLYN HEIGHTS NY 11577 PATRIClA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 May 28, 2008 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: SANTIAGO PROPERTY ADDRESS: 3745 NASSAU POINT ROAD, SCTM: 1000-111-9-4.1 HEARING DATE: THURSDAY, MAY 29,2008 CUTCHOGUE Dear Chairman: With reference to the above, enclosed please find affidavit of posting and green receipt cards received as of date. Thank you. Very truly yours, ro By Betsy Pedikins LA bp encls. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 May 13, 2008 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: SANTIAGO PROPERTY ADDRESS: 3745 NASSAU POINT ROAD, SCTM: 1000-111-9-4.1 HEARING DATE: THURSDAY, MAY 29,2008 CUTCHOGUE Dear Chairman: With reference to the above, enclosed please find affidavit of mailing, copy of letter to neighbors and certified mail receipt cards received as of date. Thank you. bp encls. Ve~rs ' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JAIME & NANCY SANTIAGO (Name of Applicant) CTM Parcel #111-9-4.1 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFID/ S'iV=IclclV -10 800~ e [ OF t, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the )~-d~ay of MAY, 2008, I personally mailed at the United States Post Office in South'old, 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 records on file with the ( X ) Assessors, or ( ) County Real Property Office ., for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. BETSY PE~NS Sworn to before me this'/~T~ day of May, 2008 ~/ (Notary Public) MARGARET C. RUTKOWSKI Notary Pur. c, State of New York I'~o. 4982528 Qualified in Suffolk County Commission Expires June 3. ~1~.// PLEASE list, on the baCk of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. JONATHAN & ANDREA PARKS 3995 NASSAU POINT ROAD CUTCHOGUE NY 11935 SCTM: 1000-111-9-5.2 SANTIAGO NEIGHBOR LIST SCTM 1000-111-9-4.1 MAY 1 3 2008 BOARD OF APPEALS WILLIAM & LUCILLE SCHNEIDER 92 STONY RIDGE DRIVE HILLSDALE NJ 07642 SCTM: 1000-111-9-4.2 LEONARDO & LUISA TIRADO 58 W 58TM STREET NEW YORK NY 10019 SCTM: 1000-111-8-1 MICHAEL & MARGARET SALERNO 14 JESSICA PLACE ROSLYN HEIGHTS NY 11577 SCTM: 1000-111-8-2 RECEIPT 7192646331100000 1017 FROM: Patricia C Moore Esq RE: SANTIAGO ZBA HEARING SEND TO: FEE,~: c~ on2 TOTAL $ 5.22 POSTMARK OR DATE RECEIPT 7192 6463 3110 0000 1024 FROM: Patr~a C Mom-e Esq RE: SANTIAGO ZEA HEARING SEND TO: W1LLIAM & LUClLLE SCHNEID[ 9'2 STONY RIDGE DRIVE FEES: Postage ~42 TOTAL $ 5.22 POSTMARK OR DATE RECEIPT 7192 6463 3110 00~0 1031 FROM: Patncia C. Moore Esq. SEND T~): FEES: TOTAL $ 5.22 POSTMARK OR DATE RECEIPT 7192 64~3 3110 0000 1048 FROM: Patncia C Mcore Esq. RE: SANTIAGO ZBA HEARING SEND TO: MICHAEL & MARGARET S/~,E FEES/'~ R~u~R~ ~D5 TOTAL $ 5.22 POST~RK OR DATE OPATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 1197! Tel: (631) 765-4330 Fax: (631) 765-4643 May 12, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: JAIME & NANCY SANTIAGO PROPERTY ADDRESS: 3745 NASSAU POINT ROAD, SCTM: 1000-111-9-4.1 CUTCHOGUE Dear Neighbor: I represent Jaime & Nancy Santiago, with regard to property located at 3745 Nassau Point Road, Cutchogue, New York. They have submitted a request for a variance to the Southold Town Zoning Board of Appeals for a proposed swimming pool in a side yard rather than the code-required rear yard or code- permitted front yard o this lot which fronts Little Peconic Bay. The hearing on this matter is scheduled for THURSDAY, May 29, 2008 AT 2:45 P.M. at Southold Town Hall. A copy of the legal Notice is enclosed together with a portion of the site plan. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office during their regular business hours. If you have any questions, or you wish to support this application, please do not hesitate to contact me. PCM/bp encls. C: JAIME & NANCY SANTIAGO JAMES ZIZZI Very truly yours, ~_~.._Patricia C. Moore § 280-4 ZONING § 280-4 attachment meets the requirements of livable floor area. [Added 5-31-1994 by L.L. No. 10-1994] BUILDAJ3LE AREA- The area of a lot remaining after the minimum yard and open space requirements of this chapter have been met. BUILDABLE~LAND~The area of a lot or parcel, n,..ot including the square footage of · etlands, land seaward of the coastal erosion hazard area line, beaches,(~oluffs,) primary dunes, secondary dunes, ,o,r underwater'lands. The terms "wetland~ches," "bluffs," and "underwater lands' shall have the meanings set forth in Chapter 275, Wetlands and Shoreline, of the Town Code. The terms "coastal erosion hazard area line," "primary dunes" and "secondary dunes" shall have the meanings set forth in Chapter 111, Coastal Erosion Hazard Areas, of the Town Code. § 280-4 ZONING § 280-4 agricultural raw materials. "Light industry" includes industrial operations such as electronic, machine parts and small component assembly, as opposed to heavy industrial operations such as automobile assembly or milling activities. LINING AREA -- See "floor area, livable." [Added 6-19-1990 by L.L. No. 13-1990] LOADING BERTH-- A space at least 15 feet wide and 45 feet long, having a minimum fourteen-foot vertical clearance for loading and unloading vehicles· No such space required by this chapter or depicted on any site plan shall constitute a parking space. LOT -- Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings accessory thereto, if any, together with the required open spaces appurtenant to such buildings or group of buildings. LOT AREA -- The area of a lot taken at its perimeter, exclusive of any portion within a public or private street right-of-way. LOT, CORNER- A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°. LOT COVERAGE-- That percentage of the buildable land existing on a lot which is covered by the building area. [Amended 4-10-2007 by L.L. No. 11-2007] LOT DEPTH -- The minimum distance from the street line of the lot to the rear lot line of such lot. LOT, INTERIOR -- A lot other than a comer lot or a through lot. LOT LINE -- Any boundary of a lot other than a street line. LOT LINE, FRONT-- The lot line separating a lot from a street right-of-way; also referred to as "street line." LOT LINE, REAR- The lot line generally opposite to the street line; if the "rear lot line" is less than 10 feet in length, or if the lot comes to a point in the rear, the "rear lot To; New York State Department of Conservation $outhold Town Zoning Board of Appeals Southold Town Trustees Southold Town Building Department Suffolk County Health Department Any and All State, County, Local agencies, as necessary APR BOARD OF APPEALS Premises at SCTM~-1000-111-94.1 3745 Nassau Point Road, Cutchoguc The undersigned hexeby authorizes my attorney, Patricia C. Moore, and her agents to submit any and all applications which may be required in order to obtain a building permit to constru~ ~roposed residence and accessory structures on thc above rcfcrcnccd parcel. santi o - APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Jaime & Nancy Santiago and PatriciaC. Moore Esq._ (Last name, first name, middle initial, unless you are applying in the nar 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 Special Exception If "Other", name the activity: BOARD OF APPEALS Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below 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 (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __ A) the owner of greater than 5% of the shares ofthe corporate stuck of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __ C) an officer, director, partner, or employee of the applicant; or __ D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this /~ day of Signature: Print Name: Jaime Santiag6~/--,, Nancy Santiago Patricia C. Moore BOARD OF APPEALS FOOL WALLS, BOND BEAM, AND FLO0t~ 5HALL BE STEEL REINFORCED GUNITE CONCRETE. GUNiTE CONCRETE SHALL MEEI' OR E~CEED 4,~ P.S./. ~ ' 28 DAYS. E, TEEL REINFORCING ~AI~$ SHALL CONFORM TO ASTM A~I5. GRADE 60. 6" ~ ~'~ FRO~Tf~OOF CERAMIC TILE .WA~E~ La'VEh ~ CENr~ OP CERAMIC ' 'IN FOOL WA~-~.,5 WITH A WA'/E~. DEFTH OF 5,_O. OR LE~,5. ,~E-I~AF~ SHALL DE PI-ACED HORIZONTALLY'  IVD VERT~CALL y ~ 12" O,C. Z'~/~'IN FOOL WALL~ WITH A WA ' · TH , , . TER DEI~H GREATE~ ~N 5-17. ADDITION~.L VE,~TICAL l~ARi~ INSERTED TO CREATE VERTiCAL I~A~. O,C. THESE BAR~' SHALL 5TART FROM'THE TOPOF THE WALL AND,SHALL DE DENT A T THE ~ TO EXTEND 24-" HORIZONTALL'~ INTO ~HE FLO0~ THE VEk:'TICAL RE-I~AR,5 ~ I~' o.C. 5HALL BE BENT A,5 SHOWN IN THE I~OND I~EAM. UNLE55 0 THERW/SE ,SPECIFIED OR REI~IJ~ED, BARS ,SHALL BE TYPICAL NORMAL FLOOR REINFORCING'SHALL CONSIST OF E-DARS PLACED AT RIGHT ANGLE,5 (90~] TO EACH GUN1TE SCALE: I" = 1' ~ 0" POOL SEQTIC)N - o~' ,=,,~ ~'z~ E PAVED WITH MA,5ONRY, OR WITH 4" OF POURED IN PLACE CONCRETE. JOINT (,SEALANT 1,5 OPTIONAL) ¥1NIMUM ,51ZE OF COPING STONE 5HALL ,SE I F~" . THICK DY12" IlvlOE 4*' ,SAND l~.~E. WHEN NECE$,SARY TO AID, DRAINAGE IN SLOW DRAINING .5OiL FOOL WALL5 AND FLOOR SHALL DE ?' THICK, AND I~NP DEA¥ ,SHALL I~E IO~ WIDE X [2. HIGH' 4- #4 BARS SHA£L BE SI;LICED TO FORM CONTINUOUS R~INFORCING WITHIN BOND ,SEAM INTEF. IO~ FINISH ON GUNITE .5HALL BE Fz " THICI~ ~OWELED-ON .MA RDLEDDE, F. ADIUS AT INTER,SECTION OF G~NITE WALL AND FLOOR YARIES. ~ STONE. WHEN NECESSARy TO AID DRAINAGE IF GROUND WATEI~ 15 ENCOUNTERED IN 5LOW DRAINING SOIL BOARD LOT COVERAGE OVER LOT AREA LANDWARD OF TOP OF BLUFF AREA -- 63,837 sq. ft. DESCRIPTION AREA % LOT COVERAGEj EXIST. BEACH BUILDING 128 sq. ff. 0.2% PROPOSED HOUSE 4,189 sq. fi.6.6% FRONT PORCH 358 sq. ft. 0.6% INGROUND POOL 661 sq. ff. 1.0% STONE PATIO W/STEPS 2,964 sq. ff.4.6% FISH POND 210 sq. ft. 0.3% TOTAL 8,510 sq. ff.13.3% ~IA¥ c BOARD OF APPEALS A Perfect View Top-mounted pressure gauge and operating instructions are conveniently located for at-a-glance viewing. Very Safe Posi-Lok® damps provide safe, easy access to filter modules. Split-tank design permits rinse- in-place cleaning. Strong Stuff Constructed of Dura-6las®- Sta-Rite's exclusive high-density composite resin resists corrosion and weathers the elem,ents. Sleek Looks Contemporary styling and a matte black finish. Dirt-Loading Comparison Handles 2-3 times more dirt than other media-type filters - up to an entire season without cleaning! :35!bs, or more (Filter Area 4SO sq. fO) (Filter Area 300 sq. ft.) Ultra-Capacity Filtration® Balanced-flow tank design directs water through both sides of each manifold- pleated module. Debris is evenly collected over its entire surface without clogging. Filter Performance For Pools Up To (Gal.) Filter Area Optimal* Flow Rate Model 8 Hr. Turnover (Sq. Ft.) (GPM) S7Mlao 48,000 300 50 - 80 S7M4oo 55,000 4.00 5° - 90 S8M:~5o 60,000 450 5o -llo S8M5oo 62,000 500 50 - 115 *Operating at this GPM will provide the longest filter cycles combined with the best and greatest dirt-loading capacity. '1o years on tank, 3 years on afl internal components (including modules). See owner's manual for limitations. Operating Limits- Maximum continual operating pressure is 50 PSh For pool/spa (bather) applications, the maximum operating water temperature within the filter is m4°F (4o0C). .pumps .filters .systems .heaters/controls .automatic pool cleaners .lights maccessories .genuine replacement parts -maintenance equipment Sta-Rite Pool/Spa Group · 293 Wright St. * Delavan, 'WI 531.15 International: 262-728-5551 · Fax: 262-728-7550 www. sta-fitepo~l.com Murrieta, CA · Union City, TN · Delavan, WI · Mississauga, Ont. Sta.Rffe. World innovators of the lowest-maintenance, highest-efficiency products since 1934. S5578PS (12/02)Du~a-Glas®, Posi Lok®, System 13®, and Ultra-Capacity Filtration® are registered trademarks of S~a-Rite I.dustries, Inc. Mod MediaTM s a trademark of Sta-Rite Industries Inc. ~2002, Sta-Rite Industries, Inc. ,RITE J / . -/"' / / / / SURVEY OF LOTS 20 & 21 MAP 0F SECTION A NASSAU POINT CLUB PROPERTIES, INC. $$TUA TED AT NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-111-09-4.1 AREA = 82,02S.21 ,q. ft. TEST HOLE DATA OF Jkp PE'~'LS APPROVED BY BOARD OF TRUSTEES Nathan Taft Corwin III Land Surveyor Office Location.: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 22, 2008 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 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: ZBA File #6161 Action Requested: Within 500 feet of: Owner/Applicant: Santiago, Jaime and Nancy Yard setback/lot coverage ( ) 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, Encls. Gerard P. Goehringer ZBA Chairman APPEALS BOARD MEMBEK~ Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailine 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 1197l May 9, 2008 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA File Ref. No. 6161 (Santiago) Gentlemen: We have received an application for a project adjacent to Little Peconic Bay in Cutchogue, NY, and shown on the enclosed site map. The hearing on this application is expected to be held in approximately 3 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Gerard P. Goehringer Encls. 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: http://southtown.northfork.net May ~ ,2008 Re: Town Code Chapter 55 - Public Notices for Thursday, May 29, 2008 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 May 12h: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or 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, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or durinq the hearinf:h prov dinq the returned letter to us as soon as possible; AND not later than May 13th: ' 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 May 21st: 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 Postinq prior to May 29, 2008. 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME SANTIAGO, J. & N. MAP # 111-9-4.1 #6161 VARIANCE Yard Location REQUEST Accessory Pool DATE: THURS, May 29, 2008, 2:45 PM If you ar.e interested in this pro!ect, you may review the file(s) prior to the hear, ng dur, ng normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 APPEALS Bt Gerard R Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 REPLY FORM DATE: May 7, 2008 TO: Patricia C. Moore, Esq. 765-4643 (fax) ZBA# 6161 - Santiago Variance Submission -Accessory Pool Location Date of Building Inspector Notice of Disapproval: September 6, 2007 (X) INFORMATION REQUESTED: PHOTOS: Eight (8) sets of photos (after staking outside corners of new construction) / and label each, N-S direction, owner's name, ZBA File #, date photo was taken. DIAGRAM showing depth/elevations above/below grade for new construction (pool, retaining wall around patio or deck, and pergola, if proposed) and location of POOL EQUIPMENT. LOT COVERAGE as per Code definition excluding area below top of bluff line and calculations of total building areas (existing, as-built and proposed ~oreakdown square footages.) Please call if you have any questions regarding the above. Thank you. __Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http:Hsoutholdtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET Fax # TO: / TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press I at voice recording) REFERENCE:; , [] URGENT ~FOllYOUR UPDATE [] PLEASE COMMENT []AS REQUESTED [] ............ NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. SendePslnifia~: /.~j 51020 Main Road, Southold, NY 11971 (631) 765-.4330 DATE L APR 2 5 2008 BOARD~O~F/~PEAL$ JECT