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HomeMy WebLinkAbout6159632 Roanoke Avenue August 29, 1957 Riverhead, NY Special Exception GRANTED - Bay Shore Road, Peconic Bay Estates, Greenport, NY ~-~ ~~~- APPEALS BOARD MEMBERS~ Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · EO. 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 JUN 2 5 2008 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 16, 2008 Southo[d ZB # 6159 - Application of Robert Swing Property Location: 4295 Bay Shore Road, Greenport CTM 53-6-24 Waterway: Shelter Island Sound at Peconic Bay 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 was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued a reply dated May 28, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter- community impact. LWRP DETERMINATION: On August 15, 2005 a letter was been submitted to the Board of Trustees by the Town LWRP Coordinator under Code Chapter 268, confirming reviews and stating the proposed construction of a second- stow addition to the existing single-family structure is consistent, based on the information provided with the Assessment form, as well as records submitted to the department that a new septic system will be installed and a French drain will be installed along the southern side yard of the property, and establishment of a non'disturbance buffer along the landward side of the existing wood bulkhead. Based on the above, it is the decision of the Board of Appeals that the proposed construction, with a new septic system and French drain along the southern side yard of the property proposed to be installed, and establishment of a non-disturbance buffer along the landward side of the existing wood bulkhead, for this current request (amended since the 2005 Page 2 - June 16, ZBA # 6159 ' Robert Swing CTM 53-6-24 plan) to construct an addition on the west (front yard) side of the home, is consistent. PROPERTY FACTS/DESCRIPTION Applicant's single-family dwelling is located on a non'conforming lot of 10,063 square feet bordered by Island View Lane, Bay Shore Road, and Shelter Island Sound. BASIS OF APPLICATION: This is a request for Variances under Section 280-124, based on the Building Inspector's March 27, 2008 Notice of Disapproval concerning a proposed (westerly) addition and alterations to an existing (nonconforming) dwelling with a single side yard at less than 10 feet, total side yards at less than 25 feet, and lot coverage exceeding the code limitation of 20%. The property is nonconforming with 10,063 square feet lot. Following the proposed construction, the single family dwelling will have a single side yard setback of 5.7 feet, a total side setback of 11.5 feet (5.7 and 5.8 feet), and a total lot coverage of 26.4 percent. AREA VARIANCE RELIEF REQUESTED: The applicant is requesting setback variances for a single side yard of 5.7 feet and a total side yard of 11.5 feet. The applicant also needs relief from the 20% lot coverage limitation allowed by law, as this is a request is for a maximum of 26% lot coverage (26.4% with the addition and remaining walk included on the calculation), as shown on the Peconic Surveyors, P.C. survey map amended April 8, 2008. the size of the addition approx. 17.5.feet by 36.2 feet wide. ADDITIONAL INFORMATION: The applicant stated he originally wanted to place the addition as a second-floor above the original dwelling, but the application was turned down by the NYS Department of Environmental Conservation. Therefore, the applicant proceeded to file applications with this amended plan for an addition to the dwelling at the front adjacent to Bay Shore Road. 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 variances will not produce an undesirable change in the character of the neighborhood or a determent to properties. The applicant wishes to enlarge his home for more living space. His home is in keeping with the neighborhood. The lot is only 10,063 square feet, of which only 6,834 square feet is upland area and very small. The addition as proposed fits in with the character of the neighboring community, Page 3 - June 16, 2008 ZBA # 6159 - Robert Swing CTM 53'6-24 and as a result will exhibit more conforming setbacks at 5.7 feet on the southerly single side, and 11.5 feet on the total sides, since the existing dwelling is only one foot from the property line. 2. Town Law §267-b(3)(b)(3)(2). The benefit sought by the applicant cannot be achieved by some method feasible to the applicant to pursue, other than an area variance because the property is pre-existing, non-conforming with respect to the Zoning Code and is land is reduced in size, as a result of wetlands along the eastern border adjacent to Shelter Island Sound. Due to the NYS DEC's denial of the original proposal, the applicant's only choice is to build on the front of the house, which will give more protection and a greater setback from the wetlands, and downsizing the overall side yard setbacks, reducing the amount of non-conformity with respect to zoning. The preexisting lot coverage is 19%, where 20% is the maximum permitted. In order to conform to the code, only 30.2 square feet would be permitted. Therefore the applicant must seek a variance for relief for any addition. 3. Town Law .q267'b(3)(b)(3)(3). The amount of relief requested is not substantial because: The side yard setbacks of the new addition are more conforming, greater than the existing nonconformity of the dwelling. The new setbacks will be 5.7 feet instead of the one foot setback, and the total side yards will be 11.5 feet instead of the original total side yards of 6.1 feet. The lot coverage is 6% over the allowable 20% which is not substantial because the building lot area is smaller than the square footage of the entire lot size, after deducting the wetland area from the lot size calculations required by the Code. 4. Town Law .q267'b(3)(b)(3)(5). The variance granted herein is not substantial because of the non-conforming size of the lot and the applicant's trying to stay as close to the difficulty in placing a more livable home in a quite small area. 5. Town Law §267-b(3)(b)(3)(4). Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a more spacious home, while preserving and protecting the character of the neighborhood. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Weisman, and duly carried, to Page 4 - June 16, ZBA # 6159 - Robert Swing CTM 53'6'24 Grant the variances, as applied for, shown on the April 8, 2008 amended survey prepared by Peconic Surveyors, P.C. and Architectural Plans A-l, A-2, A'3, A'4, last dated 9'14-07 by Architecnologies. 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), Oliva, Dinizio, Simon and Weisman. Thi~wa~t~ adopted (5'0). // ~Ge~. Goehrin~er, C4hair~i~n 6/~/2008 / /Approved for Filing / CONCI~. It:: RET,,~#NG WALLS ALL CONCRETE 4,000 psi AFTER 28 DAYS MINIMUM ALL REBAR ASTM A-615 GRADE 60 FOOTINGS ARE TO BE INSTALLED ON UNDISTURBED 14ROIN SOIL. THE BOTTOMS OF ALL FOO~NGS ARE TO BE INSTALLED A MINIMUM OF J° BELOW GRADE UNLESS OTHERWISE INDICA TED. . SOIL S/DE OF WALLS AND FOOTINGS ARE TO BE COATED WITH BITUMINOUS FOUNDA PON COA TING. CONTROL JOINTS ARE TO BE SEALED ON THE SOIL SlOE OF THE WALL ~TH A FLEXIBLE MEMBRANE COATING OR SHEET PRODUCT- W.R, GRACE FOUNDATION WATER PROOFING SYSTEM. LOT COVERAGE LOT AREA= 1006$sq. tl, AREA OF UPLANDS = 6854 sq. fL EX/STING COVERAGE e- 4`9' EXISTING D#~LLING - 1060,5 sq. ft. =lS.5~r.r~ CONCRETE WALKS & SHOWER ~ 182 sq. fl SHED- 1o be removed I00 sq. fl., EX/STING COVERAGE PROPOSED COYER4GE DWELLING & ADDITION ~ REMAINING WALK 1809 sq. f I BW 4,9' = 1.5~ I om-fornilio~ with the STANDARDS FOR APPROVAL AND CONSTRUC7?ON OF SUBSURFACE SEWAGE 'DISPOEAI~ SYSTEMS FOR SINGLE FAMILY RESIDENCES and will ob/de by the conditions set forth therein ond on the pemmit to construct. RETAINING W~J.L (N. THE CONTRACTOR IS TO VERIFY AU.. ~EASUREMENTS iN THE HELD ANO ANY DI$OREPANClE~ ARE TO 8E BROUGHT TO THE ATTENTION OF THE ENGZNEER PRIOR TO CONSTRUC7101~ NOTE: ALL SURROUNDING DA~LDNGS WITHIN 150' HAVE PUBUC WATER fSL A 'ND PUBLIC ~'A TE~ ,W .9~"RZ,~-T id The loc, ob'om of wells and cesspools shown hereon ore from field obsemvotions ond or from doto ~obto?ned from others. Devotions referenced to N.G. V.D. ANY ~ZT~RATION OR AOOmoN TO THIS SURVEY IS ~ ~OLAnoN · OF SECnON 7209 OF' THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECtiON 7209-SUBDI~4SlON 2. ALL CER ITFICA ~IONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COP/ES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. AREA=lO,063 SO. FT. YIEW GRADING L A/VE SCDHS ReL# RIO-05-OIOI SEPTIC SYSTEM I- I000 GAL. CYLINDRICAL SEPTIC TANK 8# ~ 3.3' LIQUID DEPTH 5-LEACHING POOLS 8' ~ ~' DEPTH Y~/TH 3' SAND COLLAR [SW) SURVEY OF PROPERTY AT ARSHAMOMOOUE TO~[N OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-~3-08-~4 SCALk 1'--20' JANUARY 29. 2008 F'el~. 14, ZOO8 (add#ions) Mar. 6~ ~008 (revisions) Morch 18, 2008 (LOT COVERAGE) April 8, 2008 (LOT COVERAGE) 180.00' [FINAL MAP BY ZBA SEPTIC SYSTEM DESIGN BY CORDON ENGINEERING, P.C. 175~ SIGSBEES ROAD MA TTITUCK (~J~) z~e P.O. BOX 909 12,70 TRAVELER STREET SOUTHOLD, N.K 11971 i-1797 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. TO: NOTICE OF DISAPPROVAL Suffolk Environmemal Consulting (Swing) PO Box 2003 Bridgehampton, NY 11932-2003 DATE: M ch 27, 2008 [ZONING~',_GAp~D OF APpi.=ALS Please take notice that your application dated March 5, 2008 For permit for additions and alterations to an existing single family dwelling at Location of property: 4295 Bay Shore Road, Greenport, NY County Tax Map No. 1000 - Section 53 Block 6 Lot 24 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 10,063 square foot lot, is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring less than 20,000 square feet in total size, require a minimum single side yard setback of 10 feet, a total side yard setback of 25 feet, and a total lot coverage of 20 percent. Following the proposed construction, the single family dwelling will have a single side yard setback of 5.7 feet, a total side yard setback of 11.5 feet, and a total lot coverage of 26 percent. This~tl~ ~2008..~ f Disapproval was issued based on a survey by John Metzger~ LS~ last dated March z/ed Si~e Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. SWING Property Situate: 4~95 Bayshore Road; Town of Southold, NY SCTM #: 1000 - 05~ - 06 - Photo indicating the existing dwelling and the rendering of the proposed front addition ("footprint"). Photo taken from the wes:ern property, facing east, towards Shelter Island Sound. / SWING Property Situate: 4~95 Bayshore Road; Town of Southold, NY SCTM #: 1000 - 055 - 06 - Oe4 Photo indicating the side yard setbacks for the existing dwelling (0.1') and the proposed addition (5.8'). Photo taken from the western section of subject property, facing southeast, towards Shelter Island Sound. SWING Property Situate: 4~95 Bayshore Road; Town of Southold, NY SCTM #: 1000 - 055 - 06 - 0e4 Photo indicating the side yard setback for the taken from the western section of subject property, Shelter Island Sound. IS SWING Property Situate: ~95 Bayshore Road; Town of Southold, NY SCTM #: 1000 - 055 - 06 - 0~4~ Photo indicating the conditions of the rear portion of the property and the shoreline of Shelter Island Sound. Photo taken from the n~~e~ctUo-fi of the southerly adjacent property, facing north. ~?:~,~ 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 TOWN TRUSTEES TOWN OF SOUTHOLD August 24, 2005 Mr. Matt D. Ivans Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, N.Y. 11932 RE: ROBERT SWING 4295 BAYSHORE RD., SOUTHOLD SCTM# 53-6-24 Dear Mr. Ivans: The Board of Town Trustees took the following actions during its regular meetings held on Wednesday August 24, 2005, and Wednesday February 14, 2007 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc. on behalf of ROBERT SWING 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 July 12, 2005 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, in accordance with Chapter 268, said application was found to be Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, Public Hearings were held by the Town Trustees with respect to said application on August 24, 2205 and February 14, 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 the Board of Trustees approve the application of ROBERT SWING to construct a second-story addition to the existing single-family dwelling with the condition of drywells, and a buffer, and construct an addition to the landward side of the existing dwelling, containing 627 sq.ft., removal of the existing septic system and replace with an updated sanitary system within the front yard, installation of a French drain along the southern side yard property boundary and establishment of a 5' wide non-disturbance buffer along the landward side of the existing wood bulkhead, and all as depicted on the plan prepared by Suffolk Environmental Consulting, Inc. revised September 27, 2006. 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.) This is not a determination from any other agency. Fees: $50.00 Very truly yours, James F. King President, Board of Trustees JFK/hkc BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6188 DATE: August 24~ 2005 ISSUED TO: ROBERT SWING PROPERTY ADDRESS: 4295 BAYSHORE RD., $OUTHOLD SCTM # §3-6-24 AUTHORIZATION Pursuant 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 Trnstees adopted at the meetings held on August 24. 2005 and February 14, 2007 and in consideration of application fee in the sum of $250.00 paid by Robert Swing and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct a ,second-story addition to the existing single-family dwelling with the condition of d~ells, and a buffer, and construct an addition to the landward side of the existing dwelling, containing 627 sq.ft., removal of the existing septic system and replace with an Updated sanitary system within the front yard, nstal at on of a French drain along the southern s de yard property boundary and establishment of a 5' wide non-disturbance buffer along the landward side of the existing wood bulkhead, and all as depicted on the plan prepared by SuffOlk Environmental Consulting, Inc. revised September 27, 2006. 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. Dave Bergen t SWING Proper~y NEW YORK STATiPARTMENT OF ENVIRONMENTAL CONSERV.~ON DEC PERMIT NUMBER 1-4738-03490/00001 FAC,L TY PRO RAM NUMBER(S) PERM IT Under the Environmental Conservation Law TYPE OF PERMIT · New [] Renewal [] Modification [] Permit to Construct [] Permit to Operate EFFECTIVE DATE Janua~ 26,2007 EXPIRATION DATE(S) Janua~ 31,2012 [] Article 15, Title 5: Protection of Waters [] Article t5, Title 15: Water Supply [] Article 15, Title 15: Water Transport [] Article 15, Title 15: Long Island Wells [] Article 15, Title 27: Wild, Scanic and Recreational Rivers [] 6NYCRR 608: Water Quality Certification [] Article 17, Titles 7, 8: SPDES [] Article 19: Air Pollution Control [] Article 23, Title 27: Mined Land Reclamation [] Article 24: Freshwater Wetlands · Article 25: Tidal Wetlands [] Article 27, Title 7; 6NYCRR 360: Solid Waste Management [] Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastal Erosion Management [] Article 36: Floodplain Management [] Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO Robert 8win~ TELEPHONE NUMBER (631) 273-5800 ADDRESS OF PERMITTEE 7 Windsor Lane, East Northport, NY 11731 CONTACT PERSON FOR PERMITTED WORK Suffolk Environmental Consultin[l, P.O. Box 2003, Brid~lehampton, NY 11932-2003 NAME AND ADDRESS OF PROJECT/FACILITY TELEPHONE NUMBER /631) 537-5160 4295 Bay Shore Road, Southold COUNTY I TOWN Suffolk SouthoId DESCRIPTION OF AUTHORIZED ACTIVITY: SCTM # 1000-053-06-024 WATERCOURSE Shelter Island Sound INYTM COORDINATES Construct a one story addition adjacent to the western side of the existing single family dwelling. Install new septic system. All work must be done in accordance with the attached plans stamped NYSDEC approvecL ~._.____.._.__~.-~ .~ ~ aBpY~iCcC~ iPet arneCgeu ~ft itoh}Ss ,Pt~rem~ ~nheer aPle~mo ~[~t .~oangs r ~ ;~ cti~i~tdt h( ;ePeeS; ;s~; ~ ~; t~;; ;~ ~ i~ ~ ~ ~^'~ this permit. PERMIT AD M I N~.~,~~' John A. Wielar)8 (Jl~.) J ADDRESS ~ Region 1 Headquarters, SUyY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-340~I J~anuE Page 1 of 4 ar,/29, 2007 NEW YORK = DEPARTMENT OF ENVIRONMENTAL CONSERVATIOI"Jea~ SPECIAL CONDITIONS 1. During construction, concrete or leachate shall not escape or be discharged, nor shall washings from transit mix trucks, mixers, or other devices enter tidal wetlands and/or protected buffer areas. 2. Any debris or excess material from construction of this project shall be completely removed from the adjacent area and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands or protected buffer areas. 3. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 4. All areas of soil disturbance resulting from the approved project shall be stabilized as per the specifications of the approved plans immediately following project completion or permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. 5. The storage of construction equipment and materials shall be confined within the project work area and/or upland areas greater than 75 linear feet from the tidal wetland boundary. 6. All disturbed areas where soil will be temporarily exposed or stockpiled for longer than 48 hours shall be contained by a continuous line of staked haybales / silt curtains (or other NYSDEC approved devices) placed on the seaward side between the fill and the wetland or protected buffer area. Tarps are authorized to supplement these approved methods. 7. If seeding is impracticable due to the time of year, a temporary mulch shall be applied and final seeding performed at the earliest opportunity when weather favors germination and growth, but not more than six months after project completion. 8. All erosion control devices shall be maintained in good and functional condition until the project has been completed and the area has been stabilized. 9. All fill shall consist of "clean" sand, gravel or soil (not asphalt, slag, flyash, broken concrete or demolition debris). 10. Necessary erosion control measures e.g., staked haybales, silt fencing, etc. are to be placed on the downslope edge of any disturbed areas. This sediment barrier is to be put in place before any disturbance of the ground occurs and is to be maintained in good and functional condition until thick vegetative cover is established. 11. Roof runoff shall be directed into dry wells a minimum of 75 linear feet landward of the tidal wetland boundary for immediate on-site recharge. 12. Driveways and parking areas shall be constructed of NYSDEC approved pervious materials. 13. Sanitary systems (bottom of the tank and leaching pools) shall be located a minimum of 2' above seasonal high groundwater. 14. The permit holder shall incorporate the attached Covenant (or similar language) to the deed for the property where the project will be conducted and file it with the Clerk of Suffolk County within 30 days of the effective date of this permit. This deed covenant shall run with the land in perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 90 days and prior to commencement of any regulated activity at the site to: NYSDEC, Marine Habitat Protection, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409, Attn: Compliance. DEC PERMIT NUMBER PAGE 2 of 4 1-4738-03490/00001 NEW YORK ~'~ DEPARTMENT OF ENVIRONMENTAL CONS ERVATI( i'~m.~. ADDITIONAL GENERAL CONDITIO~I~FOR ARTICLES 15 (TITLE 5), 24, 25, 3~D 6NYCRR PART 668 ( TIDAL WETLANDS) If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Depadment of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former conditiqn the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undedaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, ~ubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 5. There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302,303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 6. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 9. All activities authorized by this permit must be in strict conformance with the approved p~ans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by: Suffolk Environmental Consulting Inc. last revised 9/27/06. DEC PERMIT NUMBER PAGE 3 of 4 1-4738-03490/00001 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NOTIFICA'~I OF OTHER PERMITTEE OBLIGATIO Item A: Permittee Accepts Legal RespOnsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, em ployees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the perm it whether in compliance or not in compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), maior Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMITNUMBER PAGE 4 OF 4 1-4738-03490/00001 SW#NG ~rope~y 111Bl~)~'~Ua~nmiem /IILIL I , 2004 ~ James s. aendry, ces/~'i~g at 449 Bacon Point, Cheate~tovn Ha~ylan~ 2~620 and Dorothy Gerrieh, residing at 53 Proepec2 Hill Road, Briar[eld, Massachusetts 01010 Aflele H. Talmage ~ ,~ County o[ Suffolk ~ 17~h ~Y~ ~une, '2003 Robert Swing .and S~ephafl~e SwLng~res/~nq at 7 Windsor Lane, Hast Northport, New York 11731 party ~ the ~,.,~a lint, ~ that the party o~ the tim ~ to whlxn Jetteu te~am~tM7 were hsued by thc Surrogate's Cou.~Suf£olk Ceuflty, New Ymt on7/28/03 ~ Ella no..1211P2OO~b ,~.~.~m,_,~'~the p0w~ and antho~ty ~ven in and by mid tut wgt ted testamen~ and/or br AflicZe ZZ of a* ~ and Trmu t~w, ~nd in consideration o~ ~]lX HDNDRSD FORTY NINE THOUE~N~D (,$649,000.00) dolbu~ SHE SCHEDULE A DESCRIPT'ZONyATT~CNED HERETO AND NADE A PART HEREOF Being and intended to be Ehe same premises conveyed to Adele fl. Nendry (deceased) by deed in Libar 9480 cp. 306. um~y, o~ o,/v~mse m sam w~..i er, othevwise~ TO HAV'E AND TO HOLD the premises herein zranted unto ]A.li'D.tlm. l~ax~? the. first part cow.nants that .tim pertF ~ the Sm ~ ~,- not dane ar as~e~ed mU, t~a~ wr, e~.ny me ama p~rmsa hve been incumbered m any way wlmtever, exeeM u a~oresaid. s~,j,= ~o ~ L~.,,t ~=d ~ of.~.,~ t~,u~ ,~ ~ L.~ '-w.-- Thewc~ pfl'y shllbecomtma:lansfitrud"pmtiu w~thelemeoftblsimbqa~neoorequb~ [/ JAMBS S. HE~]:)RY, Rxacu~or DoRe.s/GERRI~ 'Execu~ix State or New York, County of ss.: On ber~ ute. the unde~ifned. pefloflally ilppenmd Io~ evidmce to be ~ hdJvidud(s) whxe nan. s) k subsc~b~d to Ihe withb ir,~,~ .nd t'kmwk~l~-d to mc dui he;du'~ cxccuu:d tl~ sa-tu h his;hep'their cnpu:l~i.). and dm M hl-~k~tir sipumms) m mt mfurflm, t~e indi- vi~wl(s), a' ~e pmcm upon bt'blf of v/filch dn~ iridJvidu~(s) ac~l, emctmd the irdmmlem. .Stat, od' ~aryland Com~vd' IL: On''~'''~ '3 . 200'i ~fofemc. theundmi~ned. pmmdly known 1o nu ~ ix~s~;td mnt ~,[h~ basis of nih. thai he/sh~'h't"y eimamd the suni In hiYht~qheh* capa~ilytks), md thru by h~ danmu~s) ~ the ImMmem, Ihe indi* · './. /.qoq State of I County of ss.: On b~r~ mc. the undersigned. the ~n~ ~me.(.) to the fe~esoin, in~mnmenl. Wilt] whom I Inn penwnally acqu~iuad, who. beiq by me duly th-, he;sh~they know(s) to be file individual(I) de~tlbed iff ~ who executed the role. fobS Imtmmm~ ~ .id .uhcdbi.~ witr~u(fl) was (wertJ j,...~..t and'nw said v/irons[nj mnd~ sut*h sl~nemssn~ Imfom the underdped in Rev Yock 11743 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE Tov~rN OF SOUTHOLD O ~VIAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: Town of Southold Board of Trustees From: Mark Terry, Senior Enviromnental Planner LWRP Coordinator Date: August 15, 2005 Re: Request for Permit for Robert Swing SCTM# 1000-53-6-24 ~I' AUG 1 6 2005 The proposed action involves the construction of a second story addition to an existing single family structure in Southold. The proposed action has been reviewed to Chapter 95, 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 generally CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP Pursuant to Chapter 95, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me at (631) 765-1938 if you have any questions regarding the above. Conservation Advisory Council Heather Tetrault, Environmental Analyst DEPARTMENT OF PLANNING COUNTY 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 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) Mooney/End of Road LLC 6013 Principi 6150 Seber 6156 Judge 6158 Swing 61 ~ 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 TRK:cc S/sTheodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG.- 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 A~LICANT'S PROJECT DESCRIP~ (For ZBA Reference) Applicant: ROBERT SWING Date Pre I. For Demolition of Existing Building Areas Please describe areas being removed: Shed (96 square feet -+) ned: II. New Construction Areas (New Dwelling or New Additions/E Dimensions of first floor extension: 17.5' x 36.2' Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): < 32' April 15~ 2008 OF APPEALS 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 Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations: N/A IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 1~ 342.5 square feet Proposed increase of building coverage: 466.5 square feet Square footage of your lot: 10T 063 square feet Percentage of coverage of your lot by building areas 19.7 % (existing)~ 26.4 % (proposed) V. Purpose of New Construction: Applicant proposes to remove the existing shed within the northern section of subject property~ and construct an addition to the front of the existing dwelling containing 633.5 square feet -+. VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): The property is a fiat parcel currently improved with a single-family residential dwelling and related appurtenances. The applicant had originally proposed to construct an addition atop (i.e.~ second-story addition) the existing dwelling~ howeveG the New York State Department of Environmental Conservation denied the application and recommended for the relocation of the addition to the front yard. Consequently~ due to the proximity of the addition to the property boundaries~ variance approval from your Board is now required. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shal 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. *ExceptminorexemptactionsincludingBuiMingPermits 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 ama (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 mom 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 (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# 053 06 024 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees Zoning Board of Appeals [] 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: Nature and extent of action: Applicant proposes to construct an addition to the landward side of the existing dwelling containing 6~7.0 square feet +, removal of the existing septic system and replace with an updated sanitary system within the front yard, installation of a French drain along the southern side yard property boundary and establishment of a Non- Disturbance Buffer (5.0' wide) along the landward side of the existing wood bulkhead. Attach additional sheets if necessary Location of action: 4295 Bay Shore Road~ Arshamomoque; Town of Southold~ NY Site acreage: 0.2 acre -+ Present land use: Improved with single-family dwelling and related appurtenances Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: ROBERT SWING (b) Mailing address: 7 Windsor Lane~ East Northport~ NY 11731 (c) Telephone number: Area Code ( 631 ) 273 - 5800 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable 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 construct a landward addition to an existing dwelling within subject property, a property situated within a neighborhood consisting primarily of similarly-sized single-family dwellings within similarly-sized properties. The proposal, as designedt will not result in any adverse effects to the surrounding environment in that the project will not encroach any further towards the surface waters of Shelter Island Sound to the east. In additionr 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 LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] 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 LWRP Section III - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will not adversely impact the visual quality of the surrounding area in that the existing properly has been improved with a single-family residence for approximately fifty (50) years without any evidence of resulting in adverse impacts to the neighborhood. In addition, the neighborhood 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 surrounding area. Furthermore, this policy could not preclude both the legal creation of this property as a building lot, or the improvement thereon. 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 [] Yes [] No [] Not Applicable Subject property is currently improved with a bulkhead within the western section of subject property and has protected subject property from any and all flooding and/or erosion events since the improvement thereon. The proposal is to construct an addition landward to the existing dwelling 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 LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] 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 greater distance than the existing septic system is located from the wetlands boundary~ and that public water is to be utilized. Accordingly~ 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 LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable to Policy 6 in that an addition landward of the existing dwelling is proposed, and that no further encroachment to the wetlands will take place than which presently exists. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal is simply to construct a landward addition to the existing dwelling within subject property 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. [] Yes [] No [] Not Applicable Subject 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, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable to this policy in that the proposal will not impede any access to the surface waters in and around subject 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 [] Yes [] No [] Not Applicable Subiect 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 in Long Island Sound, the Peconic Estuary and Town Waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria [] Yes [] No [] Not Applicable Subject 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 agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable Subject 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 LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] 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 APPLI¢ Fee: $ Office Notes: For Office Use Only Filed By: Date House No. 4295 Street Bay Shore Road Hamlet Greenport SCTM 1000 Section 053 Block 06 Lot(s) 024 Lot Size10~063 sq.ft. ZoneR-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: March 27, 2008 BASED ON MAP DATED February 14~ 2008 Applicant/Owner(s):. ROBERT SWING MailingAddress: 96 Gun Club Road; Northport~ NY 11768 Telephone: (631) 371-9789 Fax #: N/A Email: N/A NOTE: In addition to the above, please complete below if application is signed by applicant' attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents. Diane K. Wassick- Suffolk Name of Representative: Environmental Consulting, Inc. for ( ) Owner, or ( X ) Other: Agent's Address: P.O. Box 2003; Bridgehampton~ NY 11932 Telephone: (631) 537-5160 Fax #: (631) 537-5291 Email: N/A Please check box to specij? who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or [] Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 2/14/2008 and DENIED AN APPLICATION DATED March 5~ 2008 FOR: [] Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction ]--]Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXIII Section 280- 124 Subsection Type of Appeal. An Appeal is made for: [] 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, [] has not been made at any time with respect to this property, UNDER Appeal No. 19 Year 1957 . (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Robetl~gwing~ ZBA File # /~/0-/~/'~ REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: A delTimental change will not occur to the character of the neighborhood in that the proposed addition subject of this application will result in an overall single-family dwelling cemparable in size to the existing dwellings located within this medium-density residential neighborhood. Furthermore. the proposed addition will exhibit setbacks more conforming (further than) with respect ta side yard setbacks than exhibited by the existing single family dwelling (0.1' minimum), which has existed harmoniously within this neighborhood without resulting in any form of undesirable change to the neighborhood. Consequently, we da not anticipate any detriment to the surrounding neighborhood in the granting of this variance request, (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 applicant cannot achieve the project goals without requesting variance relief from your Board in that the property is pre-existing/non-conforming with respect to zoning, and is heavily burdened by tidal wetlands along the eastem properN boundary (shoreline of Shelter Island Sound). The original proposal 1o provide more habitable space thereon was to consiTuCt a 2~d-$tory addition atop the existing single-family dwelling, however, due to vague issues conceived by the New York State Department of Environmental Conservation (NYSDEC), the application was denied. Consequently, the propesed expansion was relocated to the front of the dwelling in order to provide the maximum distance from the wetlands boundary thereon, and downsized in overall square footage in order to reduce the amount of non-conformity with respect to zoning, With respect to total lot coverage relief, the existing coverage is 19.7%, where 20% is the maximum permitted. Consequently, in order to conform, only 30.2 square feet ± of additional lot coverage would be permitted within this pre-existing/non-conforming properly. Consequently, the benefit sought by the applicant cannot be achieved without the request in variance relief, (3) The amount of relief requested is not substantial because: No. With respect to the dimensional non-conformities, the degree of side yard and total side yard relief (43% and 54% respectively) subject of this application is less than the existing side yard and total side yard af the existing dwelling (99% side yard non-conformity [0. 1' southerly corner where 10.0' is requiredJ and 75,6% total side yard non-conformity [6.9' northerly & southerly corners total where 25.0' is requiredJ, Consequently, in that the existing degree of dimensional non- conformity is not increased through this proposal we do not believe that these requests for relief can be deemed substantial. With respect to lot coverage relief within this pre-existing/non-conforming lot, please note that the amount of relief requested is 6% above the required maximum of 20%. This amounts to a variance of 30% of the required maximum which cannot be deemed substantial. Consequently, we do not believe that the variances requested within this application can be deemed substantial. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: No, Again, in that the existing dwelling exhibits substantially greater non-conformities with respect to dimensional setbacks (i,e,, side yard and side yard total) than the non-conforf'nities addressed within this vadance application, and which has existed harmoniously within this neighborhood for many years, and that the project has warranted environmental approvals from both the NYSDEC and the Southold Board of Trustees, we do not anticipate any adverse effects/impacts on the physical and/or environmental conditions within the immediate neighborhood. (5) Has the alleged difficulty been self-created? ( ) Yes, or ( X ) No. Are there Covenants and Restrictions concerning this land: [] No. [] Yes (please furnish copF). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signature of'Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this /~ day of~~ . Notatty l~blic Matthew D. Iv~ns Notary Public of New York No. 011V6053859 Qualified in Suffolk County Commission Expires January 22, 20// QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes [] No. Are there any proposals to change or alter land contours? [] No [] Yes, please explain on attached sheet. Sanitary system only. 1) Are there areas that contain sand or wetland grasses? Yes~ along the eastern shoreline of nronertv. 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: Permit No. 6188 was issued for this pro. iect. and if issued, please attach copies of permit with conditions and approved map. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No. Are there any patios, concrete barriers, bulkheads or fences that exist and am 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.) Do you have any construction taking place at this time concerning your promises? 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. If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel Residential and proposed use Residential (examples: existing: single-family; proposed: same with garage or pool, or other description.) AuthOrized Signature and Date 2/05; 1/07 14-16-4 (9/95)-Text 12 IPROJECT I.D. NUMBER 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FO! For UNUSTED ACTIONS Only PART t- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) l. APPLICANT/SPONSOR 2. PROJECT NAME Suffolk Environmental Consulting, Inc. SWING ,-,~-,^~ ~F APPEALS 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, e~c. or provide map) 4295 Bay Shore Road; Town of Southold, NY (SCTM It: 1000 - 053 06 - 024) 5. IS PROPOSED ACTION: [] New [~ Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to construct an addition to the landward side of the existing dwelling cuntaining 627.0 square feet ±, removal of the existing septic system and replace with an updated sanitary system within the front yard, installation of a French drain along the southern side yard property boundary and establishment of a Nun-Disturbance Buffer (5.0' wide) along the landward side of the existinl~ wood bulkhead. 7. AMOUNT OF LAND EFFECTED: Initially < 0.2 acres Ultimatel)' < 0.2 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe bdefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? []Residential []industrial r-]commercial [~Agriculture Private single family residences with related appurtenances. []Park/Forest/Open space []Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENT AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes r"~No If yes, list agency(s) and pelmit/approvals New York State Department of Environmental Conservation approval; Suffolk County Department of Health Services; Town of Southold Zoning Board of Approval; Town of Southold Building Permit. II. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMFr OR APPROVAL? [] Yes [] No If yes, list agency(s) and pelmit/approvals New York State Department of Environmental Conservation Tidal Wetlands Permit (No. 14738-03490/0000 l), issued January 26, 2007; Town of Southold Board of Trnstees Wetlands Permit (No. 6188), issued August 24, 2005. 12. ASARESULTOFPROPOSEDACTIONWILLEXlS'FINGPERMIT/APPROVALREQUIREMODIFICATION? ~] Yes [] NO I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor narn~ .JVJa~.~vans - Suffolk Envirom~ental Consulting, [nc. Date: Signature: .//d',~'''~r~ '-- ~ March 31, 2008 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment 1 OVER =ART II- ENVIRONMENTAL ASSESSMENT (To be compmed by A~ency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.127 use the FULL FAF. El Yse O No If yes, coordinate the review process and B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 ff No, a negative declaration may be superseded by another involved agency. [] Yes [] No COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOVVING: (Answers may be handwritten, if isgible) C1. Existing air quality, surfaco or groundwater quality, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agdcuitural, archeological, historical or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, signifloant habitat, or threatened or endangered sPeCms? 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 inducod by the proposed action? Explaib briefly: C6. Long tem~, short term, cumulative, or other effects not identified in Cl-C57 Explain bdefly: C7. Other impacts (including changes in use of either quantity or type of enmgy)? Explain briefly: D. WILL THE PROJECT HAVE ^N IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ~Yes ~]Uo D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO pOTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If yes, explein bbefiy PART III - 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 necosea~J, add attachments or reference supporting materials, Ensure that explanations contain sufficient detail to show that ali relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination and significanco must evaluate the potential impact of the proposed action on the environmental characteristics oftbe CEA. [] Check this box if you have identified one or mora potentially large or significant adveme impacts which MAY occur. Then proceed directly to the FULL FAF and/or prepare a positive denlam'don. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT msuit in any significant adverse environmental impacts AND provide on attachments es necessary, the raasons supporting this determination: Name of Lead Agency Pdnt or Type Name of Responsible Officer Signature of Responsible Officor in Lead Acjoncy Title of Responsible Officor Signature of Preparer (if different From responsible officer) 2 OWNER'S ENDORSEMENT (TO BE SIGNED IF APPLICANT IS NOT OWNER) STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: ROBERT SWING, being duly sworn, deposes and says; I reside at 7 WINDSOR LANE; EAST NORTHPORT In the County of SUFFOLK and the state of NEW YORK , 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 Consulting, Inc. to make the foregoing application as ~d he~in. /- Signature Signature If Corporation, name of corporation and Officer Officer's Title Before me, this ~2 g day of ,2004 Notary Public N Keith R. Moehr~ ~ Qualified in q, ...... J Ra N S, CTrON mSC[OSUR rLtk. ABLE ~O~R, CONTACT VE~EE ~E~: The To~ of Southold's Code of Ethics prohibits conflicts of interest on the pa~ of To~ officers and employees. The pu¢ose of this fo~ is to provide info~ation, which can alert ~e To~ of possible conflicts of interest and. allow it to take whatever achon is necessa~ to avoid same, tLast name, nrst nam .... ~ - ' , e, ~ddle ~mtml, unless you are a other entib, such asa company. If so, md cate the other ;;rs;n%r company name. TM um n~ s~o~e else or NAT~ OF M'PLICATION: (Check ali that apply.) Vari~ce Special Except/on *Other Approval or Exemption from plat or official map Change of Zone Tax ~evance *If"Other" name the activin: Do you personally (or t~ough your company, spouse, sibling, parent, or child) have relationship with any officer or employee of the To~ of Southold¢ "R ' ' . ,,. a .... . ~elat~onshi "includes b blood, ma~ or business isterest. _Busmes~ interest'j means a business includin~ pa~ership, in which the To~ officer or em lo ee has even a~a~ial o~hi of or ~ment ~a cO~in which the To~ officer or empl~n 5~ sh~re~ NO~ If you ans~vered "}(~S", complete the balattce of this form and date attd sign where indicated Name of person employed by tfie Towu of Southold: Title or position of that person: Desctqbe that relationship between yourself (tile applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A ttn:ough D (below) and/or describe tile relationship m the space provided. The Town officer or employee or bis or her. spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when tfie applicant is a corporafi0n); ~ B) the legal or beneficial oxvner 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 APPEALS BOARD MEMBERS~ 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.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 June 20,2008 Ms. Diane K. Wassick Suffolk Environmental Consulting P. O. Box 2003 Bridgehampton, NY 11932 Re: ZBA #6159 - Robert Swing Variance application Dear Ms. Wassick: 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. 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 22, 2008 Zoning Appeal No. 6159 Transmitted herewith is Zoning Appeals No. 6159 of Robert Swing- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Owner's Endorsement, Cover letter from Suffolk Environmental Consulting, Inc. listing the following: Notice of Disapproval, Transactional Disclosure Form, Short Environmental Assessment Form, LWRP Consistency Assessment Form, Location Map, Survey by Peconic Surveyors, P.C., Architectural Plans Prepared by Architecnologies, 4 Pages of Photographs of Subject Property, 2 Pages of Aerial Photograph of Subject Property showing Extisting Conditions and Proposed Conditions, Board of Town Trustees Permit Dated August 24, 2005, New York State DEC Conservation Tidal Wetlands Permit Dated January 29, 2007, Copy of Deed, Copy of Property Cards, Town of Southold Zoning Board of Appeals Dated August 15, 1957. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Address: 53095 Main Road RO. 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, 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 2972008: 10:25 A.M. ROBERT SWING #6159. Request for Variances under Section 280-124, based on the Building Inspector's March 27, 2008 Notice of Disapproval concerning a proposed (westerly) addition and alterations to an existing (nonconforming) dwelling with a single side yard at less than 10 fe3et, total side yards at less than 25 feet, and lot coverage exceeding the code limitation of 20%, at 4295 Bay Shore Road (land adjacent to Shelter Island Sound), Greenport; CTM 1000-53-6-24. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski~,Town.Southold.n¥.us. Dated: May 1, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) 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 I week(s), successively, commencing on the 15th day of May, 2008. Principal Clerk Request for a day of ~'~2008 CHRISTINA VOLINSK~ NOTARY PUBLiC-STATE OF NEW YORK NO. 01-V06105050 ,.._,., /u/-~' TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET FO~ME~ O~N~ , ~/~ ~, (~/~ ' ~] ' ' ~ 5 W ~PE OF BUILDING I~0~ ~D ~ I ~k'~?/~/ ~/, o4-L~l~e¢-T~/m~ AGE BUILDIN~ CONDITION N~ NOeL BELOW ABOVE FARM Acre Value Per Value ~ Acre ~illeble -illeble 2 'illeble 3 Voodlend rushlond FRONTAGE Iouso Plot DE~TH ~ ~ ot~i D~K M. Bldg. Extension Extension Extension P_o Breezeway Garage Patio Total ,/ COLOR TRIM Foundation Basement Ext. Walls Fire Place Type Roof Recreation Roorr Dormer Driveway Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor KDinette LR. DR. BR. FIN. B. Re£erence: Appeal No. Dated ~m&~% l~. 19ST ACTION OF THE ZONING BOARD OF APPEALS OF New York. BOAFI. D 0',- TO ~. #. ~4~s,m..4.,y Appellant At a meeting of the Zoning Board of Appeals on Anfu~t 29 , 19 ~ , the reference appeal was considered and the action indicated below was taken on your: ( ) Request for an interpretation of the Zoning Ordinance (m) Request for a special permit under the Zoning Ordinance ( ) Request for variance to the Zoning Ordinance ( ) Request for a temporary permit 1. INTERPRETATION. The Board adopted the following resolution which states its interpretation of the Zoning Ordinance as requested in your appeal: 2. SPECIAL PERMIT. By resolution of the Board it was determined that: a special permit (X) be granted ( ) be denied pursuant to Article XZ! Section ~06 , Subsection · , paragraph of the Zoning Ordinance, and the deciszon of the Building Inspector ( ) be reversed ( ) be confirmed because: VARIANCE. By resolution of the Board, it was determined that: (a) Strict application of the Ordinance would~ would not, produce undue hardship because (b)'The hardship created is, is not, unique and would, would not, he. shared by all properties alike in the immediate vicinity of this property and in the same use district because (c) The variance does, does not, observe the spirit of the Ordinance and would, would not, change the character of the districts because and, therefore, it was further determined that the requested variancv ~ ) be granted ( ) be denied and that the previous decision of the Building Inspector ( ) be confirmed ( ) be reversed, TEMPORARY PF~MIT. By resolution of the Board it was determined that a temporary permit ( ) be granted ( ) be denied to be effective from 19._._~til 19 when it shall become null and void. EXTENSION TO TEMPORARY PERMIT. By resolution it was determin'ed that an extension to your temporary permit which expires. .19 ( ) be granted ( ) be denied and that ( ) this extension will be effective from 19 until 19 when it shall be,.me null and void. ( ) you are hereby ordered and instructed to cease and desist from any use of your property which does not conform to the Zoning Ordinance. ZONING BOARD OF APPEALS Let 78, Bast 8tale ZONINO BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of ROBERT SVVING ('Name of Applicants) CTM Parcel #1000- 053.00 - 06.00 - 024.00 AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) [,. DIANE K. WASSICK residing at 2322 Main Street; Bddgehampton, , New York, being duly sworn, depose and say that: Onthe0TH :layof MAY, 2008 , Ipersonal|ymailed at tho United b'tatcs Post Office in BRIDGENAMPTON , New York, by CERTIPtED 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 priv~;e street, or vehicular right-of-way of record, surrotmding the applicant's property. (Signature)  worn to before me this /(Notary Public) · 2o0 p Matthew D. Ivans ~_ Notary Public of New York No. 011V6053859 Qualified in Suffolk County Commission Expires January 22, 20/f PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner-names-and-addresses fm which'~fic~~iRt.-Tha~n~lc you.~ ............... = ..... NE~ YORI( NV 10003 ~.~?~,. Total Postage i Fees $5.2:1 0~/09f'20~ (Endorsement Required) (Endorsement Required) nj Total Postage & Fees m I0.41 Postage CeCdfied Foe Return Receipt Fee (Endoreement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees to.41 $2.65 $2.15 tO.(X) $ $5.21 $2.65 02 Ro 15.21 3. $ e~-~~ 4. Restflcted Deliver/? (Extra Fee) C]Yes 2. Afficte Number 7007 3020 0001 4279 7841 PS Form 3811, February 2004 · Complete items 1,2, and 3. Also complete Item 4 It Restricted Delivery Is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the maJlplece, or on the front if space permits. 1. Article Addmssed to: "D~addressdtffem~tfmmlten~l? [] Yes 91~ .~, delivery add ress below: [] No ~Type~ ~ [] Return Rec~pt fo~ Membendl~e [] Insured Mail [] C.O.D. 4. Rest~cted D~iv~ (Ema Fee) [] Yes 2. Article Number O'r'~'~r~m~ 7007 3020 0001 4279 7810 PS Form 3811, February 2004 Oomee~ 14etum 14~eipt m2595-02-,~154o · Complete Items 1,2, and 3. Also complete Item 4 It Restricted Delivm,/is desired. · Print your name and address on the mverso so that we can tatum the card to you. · Attach this card to the back of the r.~qilplece, or O~ar~p front if space permits. x B. ~ ~ ( ~n~ ~)~ C. D~Ii~ D.~d ~17 ~Y~ ~ In~u~ M~I ~ C.O.D. 4. Restflcted Deliven~? (Extra Fee) [] Yes 2. Article Number (r~.sf~f~w~n~ce~) 7007 3020 0001 4279 7827 PS Form 3811, February 2004 Domestic ~ ~ 102595-02-M-1540 ~ ZONING BOARD OF APPEALS TOWN OF 8OUTHOLD: NEW YORK In the Matter of the Applicalion of ROBERT SW1NG (Name of Applicanis) Regarding Posting of Sign upon Applicant's Land Idontified as 1000- 053.00 - 06.00. 024.0 COD-NTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SION POSTING [, BRUCE A. ANDERSON · 'esiding at.. 2322 MAIN ST; BRIDGEHAMPTON · New York, being duly sworn, depose and say that: On the 9TH day of MAY, 2008 , I personally placed the Town's oftieial Poster, with the date of heating and nature o~'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 fight-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to t~ft date of the subject hearing date, wh/ch hearing date was shown to be 2008 Sworn to before me this Notary' ,-,, N~w York ~ F~o 0i? Qua~fi~ h~ Suffolk County / ~o~ Public) Comm~sstor~ Expires O~nu~ry 22, 20/~ *near tile entrance or driveway entrance of my property, as the area most visible to passersby. Z ..... c~. ~. , ......... · ........... ~ COUNTY OF SUFFOLK (~) ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4/18/08 ZBA # NAME CHECK # AMOUNT TC ~b~,,'~ ~T. AMP APR21 2~ 6159 Swing, Robert 10346 $600.00 Southold Tow~ Clerl, $600.00 By__ Thank 'ou. eOn Of Southold Box 1179 Southold, NY 11971 Date: 04/21/08 * * * RECEIPT * * * Receipt: 16414 Transaction(s): 1 1 Application Fees Reference Subtotal 6159 $600.00 Check#: 10346 Total Paid: $600.00 Name: Suffolk, Environmental Consulting {for Swing} Bruce Anderson P O Box 2003 Brid~ehampton, NY 11932 CAROLH Clerk ID: Internal ID: 6159 Suffolk Environmental Consulting, Inc. Newman Village, Main Street, P.O. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Bruce Anderson, M.S., President May13,2008 Ms. Linda Kowalski, ZBA Secretary Zoning Board of Appeals Southold Town Hall P.O. Box 1179 Southold, NY 11971 Fax: (631) 537-5198 Re; Situate: SCTM #: SFFING Property 4295 Bay Shore Road; Greenport; Town of Southold, NY 1000 - 053 - 06 - 024 Dear Ms. Kowalski, As you know this Firm represents the owner of the property referenced above who is scheduled for a public hearing with the Zoning Board of Appeals. As required, please find enclosed: l) Affidavit of Mailing, dated May 9, 2008; with attached certified receipts [one original and one copy]. Please note that the green cards will be submitted at a later date as they come in. Should you have any questions, please contact this office. Encl. Cc: Mr. Swing Suffolk Environmental Consulting, Inc. April 15, *2008. Zoning Board of Appeals Southold Town Hall P:O. Box 1179 Southold, NY 11971 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 Re: Situate: SCTM #: SWING Property · ~95 Bay Shore Road; Greenport; Town of Southold, NY 1000 -- 055 - 06 -- Dear Board Members, This Firm represents Mr. Robert Swing, owner of the property referenced above, who is seeking all required regtdatory approval to improve thereon, including approval fi'om your Board for relief fi'om Article XXIII § eSO-la40 ("...non-conforming lots, measuring less than ~0,000 square feet in total size, require a minimum single side yard setback of lo fee~ a total side yard setback of aS fee~ and a total lot coverage of ao percent."). We respectftdly wish to clarify that the Notice of Disapproval quotes for relief from § eO0-1~2~}, which does not exist. Consequently, please find enclosed: Town of Southold Building Department Notice of Disapproval March eT, cO08 (original and six [~3 copies); Town of Southold Zoning Board of Appeals Application (origioal and six [6'] copies); Owner's Endorsement & Transactional Disclosure Form (original and six [6'] copies); (4) Short Environmental Assessment Form (original aud six [6'] copies); Town of Southold Local Waterfront Revitalization Program Application (original and six [-6'] copies); (6) Location Map of subject property (seven [72 copies); (7) Survey of subject property, prepared by PECONIC SURVI~YORS, indicating the existiug aud proposed conditions thereon, last dated March 18,'~008 (seveu [-7] prints); (8) Architectural Plans, prepared by ARCHITECNOLOGIES., last dated September 14, ~007, indicating the project specifications (seven f'73 sets); Photographs of subject property, indicating the current conditions thereon (seven ['72 sets); (10) Aerial Photograph of subject property, indicating the conditions of thereon, including the rendering of the proposed improvements (seven copies); (11) Town of Southold Board of Trustees Permit (No. 6188), dated August ~40, ~005, concerning subject project (seven E7~ copies); (l~) New York State Department of Environmental Conservation Tidal Wetlands Permit (No. 1-~758-05~9/00001), dated November 15, ~007 (seven ET~ copies); (15) Deed of subject property (seven ~7-] copies); (140 Property Cards with respect to subject property (seven [~7~] copies); (15) Copy of the original Town of Southold Zoning Board of Appeals Variance Determination (No. 19), issued August 15, 1957 for subject property (seven FT~ copies); and (16) Check made payable to the Town of Southold to cover the requisite application fee. By way of this correspondence, and on behalf of Mr. Swing, kindly review the attached materials and schedule for the next available Zoning Board of Appeals meeting at your earliest opportunity. Should you have any questions concerning this matter, please feel fi'ee to contact this office at any time. Thank you as always for your attention and consideration. Sincerely, Matt D. Ivans enc. cc: B. Swing 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 March CO, ~008 Building Department South~d Town Hall P.O. Box 1179 Southold, NY 11971 Re: Situate: SCTM #: $ WING Property · 295 Bay ShOre Road; Town of Southold, NY 1000 - 053 - 06 - To whom it may concern, As you are aware, this Firm represents Mr. Robert Swing, owner of the above referenced property, who is pending a Notice of Disapproval from your Department with respect to our request for variance relief from the Zoning Board of Appeals. With respect to your request for lot coverage over subject property, please find attached: 1) Revised Survey of subject property, prepared by PECONIC SURVEYORS, P.C., last dated March 18, 3008, indicating the required information (two [~] copies). By way of this correspondence, and on behalf of Mr. Swing, kindly forward the requested Notice of Disapproval directly to this office. 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. Sincerely, a t D. Ivans enc. cc: R. Swing ,TS? HGLC DA TA CONCRETE RET~L~N/NG WA.'~LS [ ~ o~ ~ ~or ~o~ ALL CONCRETE 4,000 psi AFTER 28 DA~ MINIMUM ~.~. r~ .~.~'~ I ALL RE,AR ASfM A-Gl5 CRAD~ ~0 ~ ~.~,~ g~ ~OY ~Y FOOlXNCS ARE TO ~E INSTALLED ON UNDIS~RB~D ~o'[ - ~ VI,~C,;I SOIL. ~ I DIE {jO[TO}MS OF ALL FOO7~NCS ARE TO BE INSTAL_ED ~ A ,W/N,qdUM OF ~' BELOW CRADL' UNLESS OTHER~SE ~ ~ ~ ~o~ ~ ~ ~ SOIL SIDE OF WALL~ AND FOOtiNGS ~RE ~0 BE COA~D ~ ~ ~ ~ ~.~ vv" ~a ~ ~1 TH ~1FUMINOUZ FOUNDA liON COA TING. n.~I ~ CONSOL JOINTS ARE ~0 BE STALED ON ~E S~L 9DE OF IHE WALL ~TH A FLEXIBLE MEMBRANE COATING OR SHEE~ PRODUCT- ~R. GRACE FOUNDA~ WATER PROOFING S~ fEM. C"ONT;q'~_ ~gINT DET,,*IL-POURED %~'::--~_~2~.-J'~ ~iE CONTRACTOR IS TO ~RIFY ALL ~EASU~EN~ ~{ IN ~ ~E~ A~ ANY OISCREPANCI~ ARE EO 8E RETAINING WAU. (~. Z.S.) SCDHS Ref.~ RIO-OS-O/O/ SURVEY OF ,,i T Z, O_ TO OF SO UTh OLD SUFFOLK COUNT M Y. 1000-53-06-24 SCALE: i'=20' JANUARY 29, 2008 Feb. /4, 2008 (oddilio~s} Mqr. 6, 2008 (ray, ions) March /8~ FO08 (LOT COVk'RAGE) NO[E: ALL SURROUNDING DF?Lt.,'NGS WITHIN I~0° HAVE PUBLIC WA LOT COVERAGE LOT ARFA A/YEA 0/-- UP£AND.? ~ 6834 sq./,'. E,¥IS TING - I om familiar with the STANDARDS FOR APPROVAL ~ AND CONSTRUCT, iON OF SUBSURf:ACE SEWAGE DISPOSAL SYSTEMS FOR ShVGLE FAM/LY RESIDENCES and w/il obide by the condiUons set forth therein and on the perm/! fo construct. The focaUon of we/ts and cesspools shown hereon are from i/eld observations and or from data obtained from others. Elevrcltl'cns referenced ~o N.G, ~XD. ANY ALT~RA77CN ©R ADOt~7©N TO THIS ~UR~Y IS A 970LAflON OF SE'C,~L)N 720g CF ~tE ~%EW ~O/~K SiA~ EOUgAflCN LAW HF,:~kCW /~E 'Z4LiD FOk This M.,m AND COP!Eg 7}~,C[,EOF ONL Y i,: SA,L; M2. P OR COHIES BEAR ~E /MPRLSL,~U SFAL OF Ir,'E SOR'~FYOR Pd~L/O ~zA ~ ~ eTR~ '? GRA£/ '0 180.00' SEPTIC SYSTEM DESICN BY 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 18, 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 XlV of the Suffolk County Administrative Code: ZBA File #6159 Action Requested: Within 500 feet of: Owner/Applicant: Swing, Robert 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, Ends. Gerard P. Goehringer ZBA Chairman ~.~Office Location: Town Annex/First Hoor, 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 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET To: COMPANY: RE: Zoning Board of Appeals TOTAL NO. OF PAGES SENDER'S TELEPHONE NUMBER: INCLUDING COVER: o F~O~YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: ZONING 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: 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 al__Jl 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 mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hear n.q, providin.q 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 Posting 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: NAM SWING, ROBERT #6159 MAP # 53-6-24 VARIANCE Setbacks & Lot Coverage REQUEST Additions/Alterations DATE: THURS, May 29, 2008,10:25 AM 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 BEDROOM #1 1 1 '-0" X 1 1 '-6" ~ KITCHEN 8'-4"X GREAT RM, 15'-9" X 21 ~-9" PORCH 15' PROPOSED FIRST FLOOR PLAN TOTAL AREA = 1,600 SQ.H ~. BEDROOM #2 10'-1 1" X 1 1'-6" 17' BATH/MUD RM. 6'-1"X9'-0" M. BATH 6'-0" X 9'-6" M. BEDROOM 13'-0"X13'-0" [ OF8F. I3C1.Eo7SETI LU I.U D DWG. NAME__.' FIRST FLOOR CONSTRUCTION PLAN DWG. NO.: A-1 LOFT/STOR. 10"0" X 22'-0" ~'~OPEN TO B ELOW~.~ STO RAG E 11 '-6" X 19'-0" Ed I.U PROPOSED SECOND FLOOR PLAN FINAL MAP REVIEWED SEE DECISION 'DATED b(o I ~ 6, OFFICE S 8.30.07 PLAN DWG. NO.: A-2 SO, UTH ELEVATION NORTH E FINAL MAP' .'' REVIEWED BY ZBAI SEE DECISION #/~ I~'~l DATED Ob/ I~l Imm SCALE: 1/4"= 1 '0" CWG. NAME: IBUtLDING ELEVATION A-4.1 I I I 1~1911~11 Ilmll Imll ImFI~ __ I I I I I I I I I I rrmll I1~11 i i i i i i i i i ~i~ II I i I I I I I I II I I I I I I I I I ][ EAST ELEVATION WEST ELEVATI ON LLJ LU UJ 114"= 1'0" BUILDING ELEVATION A-4