Loading...
HomeMy WebLinkAbout6193WALKER, JOANN (G. WICKHAM'~623 LT 2ND STY ADDN & POOL - BLKHD SB 66-1-33 290 TOWN HARBOR TERRACE SHLD R40 APPEALS BOARD MEMBERSO Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 4, 2008 ZBA # 6193 - JOANN WALKER Property Location: 290 Town Harbor Terrace, Southold CTM 66-1-33 $outhorcl Town 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 its reply dated July 10, 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: TOWN CODE CHAPTER 268: This application is exempt from LWRP review pursuant to Code Section 268-3. PROPERTY FACTS/DESCRIPTION: The total area of the property is conforming with 52,360 square feet in this R40 Residential Zone District, as shown on the site plan prepared by Austin, Patterson, Disston, Architects last dated 5/22/08 (revision note # 4). The site measures 50.58 feet along Town Harbor Terrace to the north, 342 feet along the western boundary to a tie line at Little Peconic Bay, 361 feet along the eastern boundary, and 149.92 feet along Little Peconic Bay. The property is improved with a two-story, single- family dwelling, as shown on the survey prepared October 20, 2003, revised March 9, 2005 by Daniel P. Jedlicka, Professional Land Surveyor. BASIS OF APPLICATION: Request for Variances under Section 280-15, based on the Building Inspector's June 13, 2008 Notice of Disapproval concerning a proposed accessory swimming pool structure in a side yard Page 2 - September 4, ZBA # 6193 - Joann Walker CTM 66-1-33 rather than the code-required rear yard. RELIEF REQUESTED: The applicant seeks a variance to allow construction of a 1,113 square foot swimming pool in the westerly side yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 2'1, 2008, and September 25, 2008 (after a Resolution was adopted on September 4, 2008 to reopen the hearing) at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: 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 a variance authorizing the proposed yard location of a swimming pool will not have an adverse effect on the character of the neighborhood or be a detriment to nearby properties. The pool will be set back more than 25 feet from the westerly side boundary and more 200 feet from the road. It will in the same location as approved for an attached pool under ZBA variance # 5623, however it is to be built without the decking that was formerly approved in that application, which would have increased lot coverage. 2. Town Law §267-b(3)(b)(2). The benefit of an accessory swimming pool on the property cannot be achieved by means not requiring a variance. Constructing a pool to the rear of the house would have placed it closer than 75 feet from the bulkhead. 3. Town Law §267-b(3)(b)(3). The proposed variance is not substantial. The pool be located more than 200 feet from the front yard boundary and 20 feet from the side boundary. 4. Town Law §267-b(3)(b)(5). The need for a side yard variance pool was not self created. It is a result of the fact that the house is 75 feet from the bulkhead and approximately 57 feet from the top of the bluff. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that grant of this relief will have an adverse impact on physical or environmental conditions in the neighborhood. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a Page 3 - September 4, ZBA # 6193 - Joann Walker CTM 66-1-33 swimming pool, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Oliva, and duly carried, to GRANT the variance as applied for, as shown on site plan last dated 5/22/08 (revision note # 4), prepared by Austin, Patterson, Disston, Architects. 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, Simon and Weisman. This Resolution was dul~y~ted../_4~. (Member Dinizio was absent.) ~~~.~"; / ~D P. GOEHRI~ER~IR~ q/J~/2008 fApproved for F~ng FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June , I~RD OF APPEALS TO: Pat Moore Esq. for Joann Walker 51020 Main Road Southold, NY 11971 Please take notice that your application dated June 13, 2008 For a permit for construction of an accessory swimming pool at Location of property: 290 Town Harbor Terrace, Southold, NY County Tax Map No. 1000 - Section 66 Block 1 Lot 33 Is returned herewith and disapproved on the following grounds: / The construction of an accessory swimming pool, is not permitted pursuant to Article III, 280-15 which states: "In the AC... districts, accessory buildings & structures or other accessory uses shall be located in the required rear yard, subject to the following requiremems:" The proposed Austin Patterson Disston Arch. Site plan dated 6/9/08, indicates the accessory swimming pool in the side yard. Authorized Signature R=480' L = [/ m~LUNe se~a~cx VACANT 97t.29 L" 100.00' NOTE,~: LITTLE PECONIC BAY~ CERTIFIED TO: JOANNWALKER MAP OF DESCRIBED PROPERTY~ WALKER RESIDENCE LOT COVERAGES SITUA TE A T SOUTHOLD ~~%~ TOWN OF SOUTHOLD # y~"'~ \\ '~'"~'~'""'~' S.C.~M. NO. f~-~-0t-~ ~~ /~/] ~-~~~~'~ FILE NO. WALKER SCALE 1"=-40' DANIEL P. JEDLICKA ~ PROFESSIONAL LAND SURVEYOR ~<o~s~.~.,o~ '144 OAKWOOD AVENUE ~.. ~i~ ~(63 BA YPORT, NEW YORK. '['1705 I) 47'2- 4243 N. Y.S. LIC. NO. 050098 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Be: $/nl'0T') Filed By:. Date Assigned/Assignment No. mceNotes: JL? .. HouseNo. 290 Street Town Harbor Terrace Hamlet Southold BOARD Ot APPEALS SCTM 1000 Section 66 Block 1 Lot(s) 33 Lot Size 52,359.74 sq.ft. Zone r-40 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED June 2008 BASED ON MAP DATED 6/9/08 Applicant(s)/Owner(s):_Joan n Walker Mailing Address: c/o Patricia C. Moore Telephone: 917-494-9798 Fax #: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( ) Owner, or ( ) Other: Agent's Address: 51020 Main Road, South#Id NY ! 1971 Telephone 631-765-4330 Fax 0:765-4643 Email: pcmooorel(~optonline, net Please check box to specify who you wish correspondence to be ma/led to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 6/9/08 APPLICATION DATED Jane 13, 2008 FOR: -~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: and DENIED AN Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article Ill Section 280- Subsection 15 Type of Appeal. An Appeal is made for: XA Variance to the Zoning Code or Zoning Map. (Pool in side yard) [] 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 pr#pert3,, UNDER Appeal No. 5623 Year 2005 . (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Joann Walker ZBA File REASONS FOR APPEAL (additional sheets may be used with preparer's si~Inature): 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: Poll was reviewed in appeal 5623 of 2005 but it was attached to the house with decking. The owner wishes to reduce the scale of the construction and the pool will be surrounded by grass and pavers. Because the pool is not attached, but in the same location, a variance is required. There is no impact to the neighbors, the adjacent property has an accessory tennis court on the lot. All other aspects of the previous variance are maintained. (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 design of the addition intends to incorporate the pool, however, a more natural look is desired with lawn area rather than decking. (3) The amount of relief requested is not substantial because: It is a "technical" variance- the same pool was approved in 2005 but the lot coverage is reduced because the area around the pool will be left natural. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The plan was redesigned to lessen impacts of structures. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No. The location of the pool is more than 75 feet to the bulkhead. Placement of the pool in the side yard complies with environmental regulations by maintaining setbacks from the bulkhead. Are there Covenants and Restrictions concerning this land: ~' No. [] Yes (please furnish covr). 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 VARL4NCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consu~l~.~) Signa~i~lrv'~ppellant or Authorized Agent (Agent must submit written Authorization from Owner) SwornAo before me this cb/ o _ notary Pu~ ! OFFICE LOCATION~: 54375 State Route 25 ~ le~(cor. Mo. in Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: From: Date: Re: MEMORANDUM Gerard Goehringer, Chair Members of the Zoning Board of Appeals Mark Terry, Principal Planner ~[ LWRP Coordinator August20,2008 Coastal Consistency Review for ZBA#6193 (Walker) SCTM# 66-1-33 30ARD OF APPEALS The proposed action which has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed action is EXEMPT from LWRP review pursuant to: 268-3. Definitions .item F which states: Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; [Amended 6-6-2006 by L.L. No. 7-2006] The proposed action is not located within the jurisdiction of the Board as it applies to a regulated natural feature. Cc: Kieran Corcoran, Assistant Town Attorney DEPARTMENT OF PLANNING NTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE July 10,2008 THOMAS ISLES, AICP DIRECTOR OF PLANNING RECEIVED JUL 1 ? 2008 "" "- [ONING ~EOA~RD OF APPEAL.~ ~3~'~'~\¢)~^''~ 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) Zoitas 6191 Gillen 6192 Walker 6193 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) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631} 853-4044 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20__ Approved ,20.__ Disapproved a/c Pt ~. (, 3{ [ Expiration ., 20 PERMIT NO. BUILDING PERI~IT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Date ~-- / ~ ,200& INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The aauPt[hlio;izar te;l~:;;~tOo~sO omnPlpYre'~mitihseasl2~]~Cbaut ll~tlna~V~rOrnC~c;sa;~;, l. bn~ictnl, gonCs~de, hous.i~n~g~~ions, and to admit ~u~e of applicant or name, if a c;rporation) 7; fapplican' State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street County Tax Map No. 1000 Section Subdivision Hamlet Block Filed Map No. Lot c.~ ~ State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ,~9'Z~vx5 ~ Addition Other Work b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Repair Removal Demolition Fee Alteration 4. Estimated Cost 5. If dwelling, number of dwelling units if garage, number of cars (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories 8. Dimensions of entire new construction: Front Height. Number of Stories .Depth Rear Rear Depth 9. Size of lot: Front Rear Depth, 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ 13. Will lot be re-graded? YES.__ NO__ 14. Names of Owner of premises Name of Architect Name of Contractor NO Will excess fill be removed from premises? YES Address Phone No. Address Phone No Address Phone No. NO 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES__ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) COUNTY OF_~S: pg~.~ v~ ~ being duly swom, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the ~ent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. iwomto before me this day of~ ~. )D ~ 200 ~ Signature of Applicant APPLICANT'S PROJECT DESCRIP (For ZBA Reference) Applicant:Owner: Joann Walker Date Prepared: June 1 I. For Demolition of Existing Building Areas Please describe areas being removed: none II. New Construction Areas: Dimensions of first floor extension:__New Pool Dimensions of new second floor: none Dimensions of floor above second level: Height (from finished ground to top of ridge): __ _ ~ 2008 (21' x 53' outside coning~ in side yard Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction if Existing Building Alterations or Structural Changes (aaach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: 1V. Calculations of building areas and lot coverage all buildings on property (from surveyor): Existing square footage of buildings on your property: _house 3~910 sq.fl. Proposed increase of building coverage: 2,074 sq.ft. Square footage of your 1ot59,359.74 sq.ft.. Percentage of coverage of your lot by building area: total lot covera~,e existing 7.47% 10.47 % proposed V. Purpose of New Construction: swimming nool VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s) fiat and clear~ placement is in "side yard" 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 OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Joann Walker 66-1-33 A. ls the subject premises listed on the real estate market for sale? [] Yes ~, No B. Are there any proposals to change or alter land contours? ~, No [3 Yes, please explain on atlached sheet. 1) Are there areas that contain sand or wetland grasses? yes-Southold Bay 2) Are these areas shown on the map submitted with this application? ye.s 3) Is the property bulkheaded between the wetlands area and the upland building area? no 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? ~ Please confirm status of your inquiry or application with the Trustees: hearine oendino and if issued, please attach copies of permit with conditions and approved map. D. ls there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? yes If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: house alterations and additions G. Do you or any co-owner also own other land close to this parcel? proximity of your lands on your map with this application. no If yes, please label the H. Please list present use or operations conducted at this parcel residence and proposed use residence with a pool existing: single-family; proposed: same with garage or pool, or other description.) · 2/05; 1/07 .-~ ~e t~pPEALc. Town of Southold ~ LWRP CONSISTENCY ASSESSMENT ~FORM / I BOARD OF APPFA/c l. All applic~ts for pe~its* including To~ of Southold agenc~~Uof proposed actions ~at are subject to the To~ of Sou~old Waterfront Consistency Review Law. ~is assessment is ~tended to supplement other ~fo~ation used by a To~ of Southold agency in m~ing a dete~ination of consistency. * Except minor exempt actions including Building Pe~its ~d other ministerial pe~its not located within the Coastal Erosion H~rd Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). lfany question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (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# 1000-66-1-33 (Joann Walker) AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 631-765-4330 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees X Zoning Board of Appeals X (Variance) 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: [] Type: Trustees Permit (amendment)and ZBA Variance Town of Southold LWRP Consistency Assessment Form 1 Nature and extent of action: The nronosed pool was approved in 2005 by the Zoning Board. The current plan eliminates the decking around the pool and leaves the area natural. The pool is now an accessory structure in the side yard. The revisions to the pool are more consistent with the LWRP. The property contains a bulkhead and timber retaining wall, therefore there is no threat to the property. Location of action:290 Town Harbor Terrace, Southold Site acreage: 1.2 acres Present land use: residential Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Joann Walker (b) Mailing address: 730 Park Avenue, Penthouse C, NY, NY 10021-4945 (c) Telephone number: ~ e/o Pat Moore 765-4330 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use ora coastal location, and minimizes adverse effects of development. See L WRP Section III - Policies; Page 2for evaluation criteria. Yes X No [] Not Applicable [] Discussion (ifappropriate): The proposed pool makes beneficial use of the waterfront residence. The elimination of decking to the pool will comply with current environmental regulations. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable X Town of Southold LWRP Consistency Assessment Form 2 Discussion (if appropriate): The site is not identified as area of archeological sensitivity or on the National Register on the map produced by NYS Dept. Of State, Division of Coastal Resources. The existing building is not historic. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See L WRP Section III - Policies Pages 6 through 7for evaluation criteria Yes X No [] Not Applicable [] Discussion (ifappropriate):There are existing shoreline protective devices, bulkhead built in the 70's, and the residential use ofthe property will not change. The propsed pool is set back more than 75 feet from the bulkhead. 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 16for evaluation criteria Yes X No [] Not Applicable [] Discussion (if appropriate): The proposed pool will not be threatened by flooding or errosion. Policy& Protect and improve water quality and supply in the Town of Southolcl. See LWRP Section 111- Policies Pages 16 through 21for evaluation criteria Yes No [] Not Applicable X Discussion (if appropriate): the pool will not impact water quality. Pool filter will have nroner draina~,e. 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 32for evaluation criteria. Yes X No F1 Not Applicable [] Discussion (if appropriate): The site is adjacent to Southold Bay. the urouosed nooi will not imp[act southold ecosystem. The property_ was developed with a year round dwelling and proposed pool is consistent with Town policies and New York State policies. Policy7. Protect and improve air quality in the Town of Southold. See L WRP Section lll- Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Town of Southold LWRP Consistency Assessment Form 3 Yes [] No [] Not Applicable X Discussion (if appropriate):No impact is anticipated to air quality Policy & Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section Ill -Policies; Pages 34 through 38for evaluation criteria. Yes No [] Not Applicable x Discussion (if appropriate): The proposed pool will not impact solid waste or hazardous substances. 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 L WRP Section 111 - Policies; Pages 38 through 46for evaluation criteria. Yes X No [] Not Applicable X Discussion (ifappropriate):The parcel is private, however~ access along the beach is open to the public WORKING COAST POLICIES Policy 10. Protect Southoid's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See L WRP Section III- Policies; Pages 47 through 56for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): Residential Homes along the water are the nrimarv use in the Town of Southoid. Southold has limited commercial development and the taxes that new single family homes pay is disproportionate to the services they demand. The proposed pool will promote recreational use of the property. 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 62for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): all the regulatory agencies control the project to prevent degredation of the environment. The proposed pool was previously approved and is lessened in scope by elimination of decking. Policy 12'. Protect agricultural lands in the Town of Southold See LWRP Section 111 - Policies; Pages 62 through 65for evaluation criteria. Town of Southold LWRP Consistency Assessment Form 4 Yes [] No [] Not Applicable X Discussion (ifapproprlate): The area is not a designated agricultural district. The nei~hborhoofl consist of single family homes on existing parcels Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III- Policies; Pages 65 through 68for evaluation criteria. Yes X No [] Not Applicable [] Discussion (ifappropriate):Residential development is a recognized permitted and encouraged use in the Town of Southold. *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 5 APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 September 31~. 2008 Mailing Address: Southold Town Hall 53095 Main Road · PO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Ms. Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA # 6193 - Application by Ms. Joann Walker(Variances) Dear Ms. Moore: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the September 4, 2008 Meeting. Please be sure to contact the Building Department for follow-up regarding documents that may be required in the next step of applicable code reviews and building permit application process, and concerning any other agency approval, before commencing construction activities. Thank you. Very truly yours, Encl. Linda Kowalski 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 June 18, 2008 Zoning Appeal No. 6193 BOARD OF APPEAL Transmitted herewith is Zoning Appeals No. 6193 of Joann Walker- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is a Cover Letter from Patricia Moore, Applicant's Project Description, Questionnaire, Applicant Transactional Disclosure Form, Short Environmental Assessment Form, LWRP Consistency Assessment Form, Board of Appeals Findings Deliberations & Determination Dated May 12, 2005, Application for Building Permit with Disapproval Dated June 13, 2008, Notice of Disapproval from Building Depea'tment Dated June 13, 2008,1 Photo of Backyard of Property, I Digital Drawing of Property Showing Proposed Swimming Pool in Side Yard Prepared by Austin Patterson Disston, Property Record Card (Both Sides), Architects Drawing Showing New Addition, Proposed Pool & Survey of Property Prepared by Austin Patterson Disston Architects, LLC Revisited 1/21/08 PATRICIA C. MOORE Atlorncy at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 June 13, 2008 Southold Town Zoning Board of Appeals Chairman Goehringer and Board Main Road Southold, NY 11971 By Hand Re: Joann Walker 1000-66-1-33 Dear Mr. Goehringer and Board: Enclosed please find following: 1. CURRENT NOTICE OF DISAPPROVAL from the Building Inspector for construction of swimming pool in the ~side yard". 2. ZBA APPLICATION- The previous appeal approved the pool in the same location but connected to the house by a deck. The owner does not want a deck and wishes the area around the pool to be natural (grass). This is a variance to keep the same pool, as approved, in the side yard. 3. Project description 4. site plan submitted for the notice of disapproval 5. Transactional disclosure form and questionnaire 6. No covenants and restrictions 7. assessor's property card 8. LWRP and EAF(type II) 9. The architect's check payable to ~Town of Southold" Thank you for your continued courtesies. y yours, oor~ cc: Joann Walker Town Of Southold P. O Box 1179 Southold, NY 11971 Date: 06/17/08 * * * RECEIPT * * * Receipt: 22171 Transaction(s): 1 1 Application Fees Reference Subtotal 6193 $400.00 Check~: 5360 Total Paid: $400.00 Name: Walker, Joann 290 Town Harbor Terrace Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6193 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 6/17/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6193 WALKER, Joann 5360 $400.00 Sou thold Town Clerk $400.00 By Thank,,ou. APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME:~Joann Walker & Patricia C. Moore __ (Last name, first name, middle initial, unless you are applying in the name of someone else or other antity, such as acompany. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of thc Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO_X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __ C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP BOARD OF A?PEALS Signature:Submitted this _~,~day of~_t~8~ Print Name:~ (..~.~5~atricia C.Moore I 617.21 ,ippendix C State Environmental Quallty Review SHORT ENVIRONMENTAIL ~SESSMENT FO For U1V~ISTED ,~CTIOIVS Only PAP..T I - Project Infoxmatioe (To be complete by Applicant or Project sponsor) 1. Applicant / Sponsor 2. Project Name ~Joann B. Walker M BOARD OF APPEALS Walker Residence 3. Project location: Municipality Counly Town of Southold Suffolk Precise location (E;Ireet address and road intersections, prominent landmarks, etc. or provide ~nap) Southold, NY 290 Town Harbor Terrace 5. Is proposed action: ' )NEW ( )EXPANSION (X)MODIFICATIO'NIALTERATiON 6. Oescdbe project briefly: 21' x 53' in-ground swimming pool 7.Amount of land affected: Ilndlatiy: /, Z- acres; UItimalely: 8. Will proposed action comply with exisOng or other existing land use restrictions: I YES tX) NO If No, descdbe briefly: 9. Whet is present land use in vicinity of project: (describe): I(~() Residential ( ) Industha/ ( ) Commercial ( ) Agriculturat ( ) Park/Forest/Open Space ( ) Other 10. Does action Involve a permit approval or funding, now or ultimately kom any other Governmental agency,(Federal. State or Local) ? ( ) YES (X) NO I~' Yes, llst agency(s) and permfl/approvals: 11. Does any aspect of the action have a currently valid permil or approval? (~') YES ( ) NO if Yes, list agency(s) and permit/approvals: NYS Dept. o£ Environmental Conservation - Letter of Non-Jurisdiction Town of Southold Trustees Approval 12. As a result of proposed action, will existing permit/approval require modification? (X) YES ( ) NO If Yes, list agency(s) and permlUapprovala: Bu:[lding Permit I certify that the information provided above is true to the best of my kn, owledge [Applicant / Sp°ns"~r"~..~ ~.~ ~l~~ Date: ~,--/~, -~e,cz Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment APPEALS BOARD MEMBER~ Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 21, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southeld, 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~ AUGUST 21, 2008: 10:55 A.M. JOANN WALKER #6193. Request for a Variance under Section 280-15, based on the Building Inspector's June 13, 2008 Notice of Disapproval concerning a proposed accessory swimming pool structure in a yard other than the code-required rear yard (or front yard) at 290 Town Harbor Terrace, Southold; CTM 1000-66-1-33 (adjacent to Little Peconic Bay). The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: July 28, 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 #8950 '~ STAT~ OF NE'W 'YORK) ) SS: COUN.TY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 7th day of August, 2008. Principal Clerk Sworntobeforemethis ~ dayof ~'/~'~ 2008  /~HRISTINA ' NOTARY PUBLIC-STATE OF NEW YORK, No, 01-VO6105050 Qualified in Suffolk County My Commission Expires February 28, 2012 10'~ a,ml tor'sSun¢ i ~onceming a proposed swimming pool; m a yard.otbur;thaathe code~required the a ~ryard or front yard,~at.6255 Ro,~te - 3} n h 4g;(pr°perty adj~c~{t to L0figli~l~d thei iS [~ $°und}~:G~eenpon~CTM4ff'i:~. ' ' ~ 2007, N0ti~ ( f - ~.~uon oe~l~d for th~ ~e~/sbi~t~g:th~ ia~ 2~)-15;:besedon theBuildingla~:tSi-!S ~ s~ry cottage use is ,nonconform~ $~'a~ia;20°SN0ti~°fDisaPProvai~n: codsfitht~ sec°ild, dwell~n~ ~t concerning a' exceeding 20 ft. ~0 a~ FERRo Lochtio~ of"Pmperty: 500 lackson Sheet. New *.?~-'lq~ .tL7-t0-2. · ~go~ co~ge buffing and ~ ~(~:~ended) request the fol- ~c.~-s~ry<co~t~gg. ~so~ s~eddn .., 1) Rev~of~eBu~ding ~s~ctor% d~e~ng, wMc~o~cfion is 1~ : .~ ,.. , ~m- W ' z pp ov~ bas cau~d ~e exis~g a~s~ build. ~s ~v~ ~d (2~ ~e-~ ~d~g or usc (A) ahab n6t be an ' d~ell/~g on each ]ot~ Loc~afion of l~op- erty: 2/150 Vanstbn Road, Cutchogue; CTM f H-$-?.2. 9:.50 a.m. R~'Alq and JENNIFER demolP~hing the exist/ag building). The nei,~ .l~g is proposed at less than (~ ~e~t n-om the states: "In A-C, RS0 Districts, no building or premises shall be used and no build- ~ng or pa~t Of a building shall be erected or altered which ~s arranged, thtended or des/g~l to be Used, in whole or m par~;.for any, use~ except the folinW/ng: A. PennRted use~/ih~-~ famity,~d einch ed dwell/ng on. :~on of the ~ ~.or parcel of and Occupied 70-5-40. 'i~e Boanl of Appeals wd] hear all - : y. such use On ~e effecgve date, of thi~ persons, or gaelr representatives, des/r- Chapter, nor ,shall an~y external evideuc~ lng to~be~tleard~ at .each hearing,and/or of such ~se-be inCressed by any means desiring, {o.~ubmR .~wlltie 6 s~at~ments whatsoevi~r,, and Notice of lF~sapproval -.before th~ conclusion :Or each hearing. citing Sexaionq00.31-A, which provision Each heari~ wiB not start earlier _d_?~. db'/Ye..Fil?.at~-~va~uble!9r r~ew<~)a'i~_mg~la~bUsin~s hbt~.m/d prior to th~ day ol the .hear~g. If ~ou, h~ve q~estiom, please d(~ no{ hesitate to contact o~r office at ¢631) 765-1509, or by.e-mail: Linda. KoWaiskiCa~ow~' $outhold.ny, u~ Dated: Augur{ 4. ZONING BO.~kRD O~ A~ GERAR-D E C-OEHRINOEI~ ~437 , . . A~OWA~Sla ~aild- ~ 5Maia ' P.O..Box 11~9 Southoid, NY ~t~-6~ ~50qT 8/7 .. new. non: ) build TOWN OF SOUTHOLD PERTY REC~Ri~ CARD ~T']~o~t.~ Wcf P-~--~ ~-~J ~:~ FORMER OWNER 'Y',/c:~ ' RES. xX,,ak,,t s~s. v,. AGE NEW Farm 1 Tillable 2 Tillable, 3 Woodland Swampland Brushland House ~ot IMP. I0 oo0 NORMAL Ac re DISTRICT ,~CREAGE /./$~ ,,' · TYPE OF BUILDING MISC. SUB. LOT TOTAL DATE REMARKS ~//o1~, -w'~o ~ ~- ~ ~. ~ ~/~ ~,.~.o~/?~.~b~~ BELOW ABOVE I~do6 &P~ ~o ~[fi~ ~ ~¢io~ . Volue Per Acre Value ~/~ -- ~e-¢O lb 66.-1-33 F°unOoti°n Extension Basement Extension Ext. Walls ~ ~/~ /~ ~ ~' Porch R~ms 1st Flor Breezeway Patio R~ms 2nd F[~r Garage /~ ~/~ ~ /~ ~ / /~ ~ Driveway ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JOANN WALKER (Name of Applicant) CTM Parcel #66-1-33 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and saythat: , ~t.....~ On the/-~' day of August, 2008, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Sworn to before me this~?'/¥ day of August, 2008 ~ 'f (N~tary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No, 4982528 Qualified in Suffolk Count. Commission Expires June 3, ;:JO I [ PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. WALKER NEIGHBOR LIST SCTM: 1000-66-1-33 DAVID KENNY, PAMELA KENNY DOROTHY KIMBALL 30 W. 70TM STREET, APT. 6A NEW YORK NY 10023 SCTM: 1000-66-1-32 DAVID M. DALY & OTHERS PO BOX 398 SOUTHOLD NY 11971 SCTM: 1000-66-1-34 K.D. HOEY & OTHERS 2170 COUNTRY MANOR DRIVE MT. PLEASANT SC 29466 SCTM: 1000-66-1-25 ROBERT M. DALY 35 DRIFTWOOD LANE DARIEN CT 06820 SCTM: 1000-66-1-26 RECEIPT : RECEIPT FROM: FROM: SEND TO: DAVID M. DALY & OTHERS PO BOX 398 SOU~HOLD NY 11971 SEND TO: DAVID KENNY, P.e, MELA KENN DOROTHY KIMBALL 30 W 70TH STREET, APT 6A NEW YORK NY 10023 FEES: FEES: TOTAL $ 5.32 TOTAL $ 5.32 POSTMARK OR DATE POSTMARK OR DATE RECEIPT 7192 6463 3110 coo01703 FROM: Patricia C Moore Esq SEND TO: KD. HOEY & OTHERS 2170 COUNTRY MANOR DRIV[ MT PLEASANT SC 29466 FEES: TOTAL $ 5.32 POSTMARK OR DATE RECEIPT 7192 64~3 3110 00001710 FROM: patricia C. M(x3re Esq RE: WALKER ZBA Hgt',RING SEND TO: ROBERT M DALY FEES: Postage 042 TOTAL $ 5.32 POS'I'MARK OR DATE F ~l=PA?RICIA~C. PATRICTA C- MOORt- 5102n MATN ROAD SOUTHOLD NY 11971 ! Clea#y) Date of Deliver' 2. Article Number 7192 6463 311n nnBB 1673 16 7192 6463 3110 0000 1673 1. Article Addressed To: ARISTIDIS BAZIGOS 196-39 5nTH AVE FLUSHING NY 11365 PkTRICIA C- MOORE ESQ- 51n20 MAIN ROAD SOUTHOLD NY 11971 7192 6463 3110 0000 1659 Date of Delivery PATRICIA C- MOORE ESQ. 51n2n MAIN ROAD SOUTHOLD NY 11971 1. Article Addressed To: JACK STAVRIDIS 7 GALLATIN DRIVE DIX HILLS NY 11746-7947 4. Restricted Delivery? 3. Service Type (Extra Fee) [] Yes CERTIFIED ~$'grat.~.re:._~/.~ (OAddressee or [3Agent) _ Received By: (Pleas~ Print Clearly) Date of Delivery -~ ......................................................................... State zip + 4 Code 2. Article Number 7192 6463 3110 nBD~ 1697 7192 6463 3110 0000 1697 1. Article Addressed To: DAVID M. DALY & OTHERS PO BOX 398 SOUTHOLD NY 11971 ~ File Edi[ View Toolbar Window He~p 1166.-1-25 473889 Soulhold Active R/S:I School: Soul. hold School Hoe.y. K D RolrYear: I~- Next Yr Res vac land LandAV: 500 335 Town Harbo[ Terrace LandSize:O.31 ac. les ToIalAV: 500 E-~- ~ Parcel 66-1-25 Ol~ LJ ~ Site [1) F Owner Type: Additional De~ig S a us Fi st Name: MI: Jr.. Sr. etc: St Sufli~ Po~t Di~: UnitName Unit No: State: ZiP Code: ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of JOANN WALKER Regarding Posting of Sign Upon Applicant's Land Identified as 1000-40-1-7 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn, ~depose and say that: On they day of August, 2008, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, 'Petric~ C. Moore Sworn to before me this ~ day of August, 2008 *near the entrance or driveway entrance of the property, as the area most visible to passersby. 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 July ,,1¢, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, August 21, 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 August 4th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement1 or during the hearing, providin.q the returned letter to us as soon as possible; AND not later than Aug 8th: 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 off/ce 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 August 13st: 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 August 20, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME WALKER, Joann #6193 MAP # 66-1-33 VARIANCE Yard Location REQUEST Accessory swimming pool DATE: THURS, AUG. 21, 2008,10:55 AM If you ar.e interested in this pro!ect, you may review the file(s) prior to the hear, ng dur, ng normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 June 17,2008 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 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6193 Action Requested: Within 500 feet of: Owner/Applicant: WALKER Yard location (pool) ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman APPEALS BOARD 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 · 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 13, 2008 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6193 (WALKER) Dear Mark: We have received an application for an accessory swimming pool as detailed on the enclosed map. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. May we ask for your written evaluation with recorrmaendations for this proposal, as required under the Code procedures of LWRP Section 268-5D. Thank you. Very truly yours, Gerard P. Goehringer Chairman Encls. LINE OF ~ P~TIO LINE OF LINE (~ ~,i='~OVE]~ POOL ~pp~vl~ PC<~L ~ LINE Ot: ~'r'~ LO~ POOL lINE 0~: ,~¥ -~ POOL ADDITION IN ~C4,TION O [ [ [ [ [ [ [ '1140 ~ITION IN ~,At'IE L_ 4 ]~ ~ITI~ IN AUSTIN PATTERSON DISSTON ARCHITECTS, LLC www. apdarchitect s. corn 376 Pequot Avenue, RO. Box 61, Southport CT 06890 (203) 2554031 · Fax (203) 254-1390 4 Midland Street, P.O. Box 1707, Quogue NY 11959 (631) 653-1481 · Fax (631) 653-6605 ALTERATIONS & ADDITIONS TO THE WALKER RESIDENCE 290 Town Harbor Terrace Southold, NY 11971-1130 Drawing Title: Project No.: 07006 Drawn By: RR Issued: Scale: 1/~"=I'=~" Date: ~awing No: NOTE: DO NOT SCALE DRAWINGS APPEALS BOARD MEMBERS Ruth D. Oliva. Chaimvoman Gerard R Goehringer Vincent Orlando James Dinizio. Jr, Michael A. Simon Southold Town Hall 53(}95 Main Road · RO. Box 1179 Southold. NY 1197141959 Office Location: Town Annex/First Floon North Fork Bank 54375 Main Road Iai You ngs Avenue~ Southold. NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTIIOLD Tel. (631} 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 12, 2005 ZB Ref, 5623 - JOANN WALKER Property Location: 290 Town Harbor Terrace, Southold CTM 66-1-33. 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 an adverse effect on the environment if the project is implemented as planned. P.~OPERTY FACTS/DESCRIPTION: The applicant's 51,300+- sq. ft. parcel has 150.58 feet along Town Harbor Terrace and is improved with a single-family, two-story frame dwelling. BASIS OF APPLICATION: Building Department's May 7, 2004 Notice of Disapproval, amended May 20, 2004, September 17, 2004, October 1, 2004, and February 7, 2005, for new additions proposed at less than 75 feet from the bulkhead, citing code Section 100-239.4B. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on May 4, 2005 at which time written and oral evidence were presented. Based upon all testimony, docurnentation, personal inspection of the properbj, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant wishes to construct an above-grade. concrete, in-ground swimming pool and pool fence. The 17' x 28.7' above-grade concrete patio structure and 20' wide swimming poo~ and pool trough are proposed at 64 feet from the bulkhead, as shown on the 10/20/2003 survey, amended 3/9/2005 by Daniel P. Jedlicka. The 690 sq. lt. two- story addition and pergola structure are shown beyond the 75 ft. minimum setback requirement of Section 100-239.4B. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The new construction is not readily visible from outside the property lines, and will be for a 488 sq. ft. patio, only 18 inches above grade, and 20 It. wide vanishing edge pool behind the house on the water side. ~age 2 -May 12, 2005 ZB Ref. 5623 - Joann Walker CTM ID: 66-1-33 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The home has existed for many years with limited areas to build on the south side facing Little Peconic Bay and with existing retaining wall and lower bulkhead structures. 3. The vadanca granted herein is not substantial, Neither the extended patio, nor the associated pool landward of this patio, will be roofed or enclosed, or significantly elevated, and will be near the setback of the existing patio. 4. The difficulty was self-created and is related to the location of the existing home and to extend the existing patio. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The proposed pool will not be visible from the street or have visual or other impacts to either adjacent neighbor. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a patio and swimming pool, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Member Odando, and duly carded, to GRANT the vadance as applied for, as shown on the 10/20/2003 survey, amended 3/9/2005 by Daniel P. Jedlicka, and December 17, 2004 drawings prepared by East End Design Associates LLC. 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Orlando, Dinizio, and Simon. (Absent was: Member Goehdnger). This Resolution w_as duly adopted (4-0). Ruth D. Oliva, Chairwoman 5//~,/05 Approved for Filing LITTLE PECONIC BAY CERTIFIED TO: JOANN WAL~R MAP OF DESCRIBED PROPERTY $1TUA TEA T SOUTHOLD '/"~--~ WALKER RESIDENCE LOT COVERA~=.~ TOWN OF SOUTHOLD ,~ ///'~."'~,"~'~%~.~ __effT~ ~,'~.~=,~, -' - '--- "-""-.,,--,,,..-..~,. ~ DANIEL R FI~.W~ ~ ~.'~ ~ ~Y~R~N~YO~. lf705 (~1) 472- 42~ N ~ UC NO. ~ JOANN B. WALKER ~SIDENCE 290 TOWN HARBOR TEt~,RACE SOU FHOLD, NY PROPOSED SWIMMING POOL IN SIDE YARD 376 Pequot Avenue Southport? CT 06890 (203)-255-4031 4 Midhmd Street Quogue. NY 11959 (6M)-653-1481 1 2 3 NOTE: NO GROUNDWATER ENCOUNTERED AT DEPTH OF TEST HOLE PROPOSED LOT COVERAGE DATA TOTAL AREA 52,359 74 (AMENDMENT TO EXISTING PERMITS) DESCRIPTION AREA % LOT COVERAGE EXIST HOUSE 2~226 sq. ff. 4,25% EXIST. CONC, PATIO & STEPS 563 sq. 6. 1 08% EXIST. CONC, STOOP 19 sq. fi. 0.04% EXIST. SLATE WALK 156 sq. ft. 0.30% EXIST. FRAME CABANA 95 sq. ff. 0,18% EXIST. WOOD DECKS & STEPS 851 sq. ft. 1,62% TOTAL EXISTING 3,910 sq. fi. 7.47% PROP. HOUSE ADDITIONS 689 sq. ft. 1.31% PROP, STONE STOOPS 0 sq, It PROP, INGROUND POOL 1,113 sq. 8. 3,12% PROP. STONE STEPS 126 sq. 8. 24% PROP, STONE BENCH @ SHOWER 23 sq. ft. .O4% PROP. WALK 59 sq, ft .11% TOTAL PROPOSED 3,489 sq. ff. 8 85% TOTAL EXIST, & PROP. (EXCLUDING EXIST. CONC. PATIO) 6,832 sq. ft. 10.24% FORMERLY APPROVED LOT COVERAGE DATA TOWN TRUSTEES PERMIT f~o470 BUILDING PERMIT #32560 PROP, HOUSE ADDITIONS 603 sq ff 1.15% PROP. CONC PATIO 338 sq. ft. 0.65% PROP INGROUND POOL 1,620 sq 8 3.09% PROP POOL PATIO (INCLUDING HOT TUB, PERGOLA, STEPS TO POOL 1,839 sq ff 3,31% POOL TROUGH) PROP. WALK 387 sq. 8. 0~74% TOTAL PROPOSED 4,787 sq. fi. 9.14% TOTAL EXIST, & PROP. (EXCLUDING EXIST. CONC. PATIO) 8,134 sq. ft. 15.53% DRAINAGE CALCULATIONS 11/16/07 DESCRIPTION SQ. FT RUN OFF SUB TOTAL COEFFICIEN' HOUSE ROOF 2,148~00' 1.0 2148 WALKS,PADS,POOL 1641.00' .9 1,477 BILCO DOOR 40.00' 1.0 40 CRUSHED STONE DRI~ E~934.00' ,8 2968 ROOF DECKS 385,00' .9 347 GREEN ROOFS 379.00' .7 265 TOTAL 7,248 TOTAL REQUIRED TOTAL x .1667 1208 NOTES: 1. MINIMUM SEPTIC TANK CAPACITIES FOR 8 BEDROOM HOUSE IS 2,000 GALLONS, 1 TANK; 10' DIA. 5' LIQUID DEPTH 2. MINIMUM LEACHING SYSTEM FOR 8 BEDROOM HOUSE IS 600 sq ff SIDEWALL AREA. 2 POOLS; 12' DEEP. 8' dia, PROPOSED EXPANSION POOL PROPOSED LEACHING POOL PROPOSED SEPTIC TANK 3. PROPOSED 8 dia. X 8 DEEP DRY WELLS WITH GUTTER LEADERS: 4. THE NON-DISTURBANCE BUFFER SHALL BE PLANTED WITH A MIX OF AmmoDhilia breviliaulatau (12"O.C.): Mvrica Densvlvan[cau (2-~allon containers, 3' S.C.): URosa ruaosau (2-aallon containers. 3' S.C.): and seeded and/or Dlantad with Schizachvrium scopariumu 12" eluas. 12"O.C.) 4 14- TOf= OF LINE 6) SEPTIC -- G 6 7 TYPICAL NOTES TO CONTRACTOR: 1. REFER TO ALL APPLICABLE NOTATIONS ON ALL PLANS, ELEVATIONS,SECTIONS & DETAILS, TYPICALALL DRAWINGS (NO EXCEPTIONS) 2. ALL INTERIOR & EXTERIOR TRIM AND SIDING TO BE PRIMED & BACK PRIMED PRIOR TO INSTALLATION (NO EXCEPTIONS) 3. ALL CABINETRY SHALL BE WOOD CABINETS AS SPECIFIED BY OWNER &ARCHITECT 4. ALL CONSTRUCTION SHALL COMPLY WITH NEW YORK STATE ENERGY CONSERVATION CODE, TYPICAL (NO EXCEPTIONS). A A A 5/22/08 ./ FILE WITH TOWN OF TRUSTEES 211412008 Pt,AIlS r~visloNs No DATE PdEVIGION AUSTIN PATTERSON DISSTON ARCHITECTS, LLC www. apdarchRects com 376 Pequot Avenue, P.O. Box 01, Soufl~port CT 06390 (203) 2~5-4031 · F~x (203) 254-1390 4 Midland Street, P.O. Box 1707, Quoguc NY 11959 (631) 6534481 · Fax (631) 653-6605 ALTERATIONS & ADDITIONS TO THE WALKER RESIDENCE 290 Town Harbor Terrace Southold, NY 11971-1130 Drawing Title: Scale: SITE PLAN 1"=20'-0" Project No.: Drawn By: Date: sm s~ 3/~s/0s 07006 RR, MC,GB,SA,E Issued: PERMIT SET 11/16/07 REV. 1/21/08 S-101 // NOTE: DO NOT SCALE DRAWINGS A B C D E F