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HomeMy WebLinkAbout6165 APPEALS BOARD MEMBERS~l 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 · RECEIVED 'Jill 3 1 2008 FINDINGS, DELIBERATIONS, AND DETERMI rk MEETING OF JULY 17, 2008 ZBA # 6165 - DANIEL and PASQUALINA BERKOWITZ, APPLICANTS PROPERTY LOCATION: 3683 Pine Neck Road at Jockey Creek, Southold CTM 70-6-23 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 28,191 square foot parcel in the R40 District, measuring 122.83 ft. along Jockey Creek to the north, 130.94 ft. wide along the southern boundary, 232.34 feet along the western boundary, and 222.99 feet along the eastern boundary, and improved with a single family dwelling as shown on the survey by Nathan Taft Corwin III, L. S., dated March 12, 2007. BASIS OF APPLICATION: Request for a Variance under Section 280-116B, based on the Building Inspector's April 11, 2008 amended Notice of Disapproval concerning a proposed swimming pool with patio at grade and a proposed rear porch addition to the dwelling, both proposed at less than 75 feet from the code-required minimum setback. LWRP DETERMINATION: The Southold Town LWRP Coordinator has determined that the proposed action is inconsistent with LWRP Pohcy standards regarding the protection and restoration of the Town of Southold ecosystem for the following reasons: The distance from the proposed patio to the wetland boundary (bulkhead) is 45 feet; the distance from the proposed screened porch to the wetland boundary is 73 feet [74 according to the survey], whereas the minimum setback distance of 100 feet is required pursuant to Chapter 275-3. The LWRP Coordinator recommends that a minimum of 20 ft. non-turf, native vegetation buffer landward of the wetland line be required. The ZBA finds the proposed action CONSISTENT with LWRP review based on compliance of the proposed action with the Town Wetlands Law, Chapter 275-3(D)(1)(a)(5), stating that the minimum setback fi'om the wetland boundary for a swimming pool and related structures is 50 feet. Establishment of non-turf buffer landward of the wetland, and installation of a pool drywell landward of the Chapter 275 jurisdiction, sufficiently mitigates the setback requirement for the pool and patio. A 49 ft. setback substantially complies with the requirements of Chapter 275-3. Page 2 -July 17, 2008 g ZBA #6165 - DANIEL and PASQU-ALINE BERKOWITZ CTM 70-6-23 RELIEF REQUESTED: The applicant seeks a variance for the addition of a screened porch set back 74 feet from the bulkhead, and an in-ground swimming pool, set back 49 feet from the bulkhead, with an adjacent patio set back 45 feet from the bulkhead. The applicant proposes to remove an above-ground swimming pool and replace it with an in-ground swimming pool. 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 setback variance with respect to the pool and patio will not have an adverse environmental effect on the character of the neighborhood or be a detriment to nearby properties. The LWRP's Coordinator's finding of inconsistency and stated adverse environmental effect was based on the Chapter 280-116 requirement that upland structures be set back 75 feet from the bulkhead. Grant of the setback variance with respect to the screened porch will not have an undesirable effect on the character of the neighborhood or be a detriment to nearby properties. A one-foot reduction of setback for the proposed screened porch will not have an undesirable effect and bring it into alignment with the existing attached deck. 2. Town Law §267-b(3)(b)(2). The benefit of an expanded in-ground pool cannot be achieved by some method, feasible for the apphcant to pursue, other than an area variance. There is no more reasonable location for an in-ground pool than the location of the existing above-ground pool. The new pool will be set back more than the existing pool. Only the deck, which an in-ground pool typically requires, will result in a smaller setback than the existing above-ground pool requires. A pool on this lot of any size would require a variance. With respect to the screened porch, the only alternative would be a one-foot narrower porch that would bring it out of alignment with the existing advantage without any attendant benefit to neighbors or environmental protection. 3. Town Law §267-b(3)(b)(3). The proposed setback variance for the pool and patio is not substantial. It would require a 2 % reduction in setback required by the code, from 50 feet to 49 feet. The proposed setback variance for the porch is not substantial. Applicants request a one- foot reduction in setback for that porch, from 75 feet to 74 feet. 4. Town Law §267-b(3)(b)(5). The need for a variance with respect the pool has been seff-created, but only to the extent that is a result of a decision to replace the existing nonconforming above- ground pool with an in- ground pool. The need for variance with respect to the pool patio and the screened porch was self-created. 5. Town Law §267-b(3)(b)(4). Locating a pool and patio 49 feet from the wetland boundary will not have an adverse environmental effect. Construction of the screen porch will also not have a negative environmental effect. 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 Weisman, and duly carried, to GRANT the variances with respect to the pool and patio and porch addition, subject to the CONDITIONS that: Page 3 -July 17, 2008 i ZBA #6165 - DANIEL and PASQ~ALINE BERKOWITZ CTM 70-6-23 1. Establishment of a minimum 20 foot wide non-turf, native vegetation buffer landward along the entire length of the wetland line. 2. Installation of a pool drywell landward of the Chapter 275 jurisdiction. That the above ZBA conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the ~nformity. Vote of the Board: Ayes: Members ~hringer (C~airm~,~a, Simon, and Weisman. This Resolution was duly adopte~(5-0). J ~ JJj / ~dv~ fGo:~h.:~nngger' Chair m anj OCNBY 82.,~ 1,10" E, 3.52 S 8~0.57,$9, 49.73' , S 85"40'00" A'~ ''Sc° 17.72' E 'S N o/r SAMESMEREBT/r~ ~E~NEB % DRMNCACE SYSTEM C/LCUZ~TIO~¢S: ROOF AREA: 2,604 sq, fi. 2,604 sq, fl, X 0,17 = 445 cut. fl, EX/STING LOT COVERAOE DATA OVER UPLAND AREA IFLAND AREA = TOTAL LOT AREA - WETLAND AREA UPLAND AREA = 26,607 sq. fl, DBCRIPT~ON AREA Y. LOT COVERAGE HOUSE 2,254 sq. fi. 8.5% PORCf 155 sq. fl, 0.6% WOODDECKS & STEPS 666 sq. ff. 2,5% POOL 331 sq, fl, 1.2% TOTAL 5,414 sq, fl, 12.8~ PROPOSED LOT COVERAGE DATA OVER UPLAND AREA PLAND AREA = TOTAL LOT AREA - WETLAND AREA UPLAND AREA = 2E,6~7 sq. ff. D~CRIPTION AREA ~ LOT COVERAGE EXISTG HOUSE 2,254 sq. ft. 8,5Y, EXISTG PORCH 163 sq. ft. 0.6~ EXISTG WOOD DECK 439 sq. ft. 1.6% PROP;ED POOL 778 sq. ff. 2.9~ PROPiED SCREENED PORCH 188 sq. ff. 0.7% PROP;ED WOOD STEPS 48 sq. ff. 0.2~ TOTAl ~,B70 sq. ft. 14.5~ --22 ALAN I BAIN LINDA MILLER BAIN 20' SURVEY OF PROPERTY SITUA T£D SOUTNOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-70-06-23 SCALE 1" 20' MARCH 12, 2007 JUNE 15, 2007 PROPOSED POOL SEPTEMBER rs, 2007 ADDED FLAGGED WETLAND LINE OCTOBER 30, 2007 ADDED PROP PORCH & STEPS DECEMBER 14, 2007 REVISED NON TURF BUFFER MARCH 25, 2008 LATH PROP, POOL & ADD ADDITIONAL NOTES AREA = 28,191.10 sq. ff. (TO TIE LINE) 0,647 ac. NO TES' 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 EXISTING ELEVATIONS ARE SHOWN THUS:~ EXISTING CONTOUR LINES ARE SHOWN THUS: FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No, 56103C0166 O ZONE AL' BASE FLOOD ELEVATIONS DETERMINED ZONE X. AREAS DETERMINED TO BE OUTSfDE 500 YEAR _CER_T_!FIE_~ 2'@= DANIEL BERKOWITZ PASQUALINA BERKOWlTZ PECONIC ABSTRACT INC. FIDELITY NATIONAL TITLE DATUM INSURANCE COMPANY OF NEW YORK --5-- FLOODPLAIN ApR 25 20~ [BOARD OF APPEA~L~. :INA[ WITH THE MINIMUM ESTABLISHED ADOPTED LAND SEE DECISION t N.Y s. Lic No 50467 Nathan Taft Corw n III Land Surveyor PHONE (631)727-2090 Fox (631)727-1727 27-045¢ (New Screened Porch) (New LandingI (New Stair) I queen-size I First Floor Plan 1/4" = 1'-0" Berkowitz Residence 3683 Pine Neck Rd. Southold, N.Y. 11971 10~25~07 IV~U~L M~..~ ~,~-c~rrc. c [, Pc. Data: Existing Exist'g First Floor Area = 1.677 sq. ft. Exist'g Second Floor Area = 1,137 sq. fi. Exist'g Rear Deck Area = 440 sq. fi. Proposed Finished Cellar Area = 898 sq. ft. Prop. Screened Porch Area = 178 sq. ft. Legend: Proposed Addition Proposed Renovation AP~ 25~j007 BOARD OF APPEALS FORM NO. 3 NOTICE OF DISAPPROVAL APFI 2 5 2007 BOARD OF APPEALS DATE: January 23, 2008 RENEWED & AMENDED: April 11, 2008 TO: Daniel & Pasqualina Berkowitz 133 Raymond Street Darien, CT 06820 Please take notice that your application dated January 14, 2008(a.~b6~ /t~-,~0 ~ ~~ For permit for construction of an in-ground swimming pool a~ rear porch at Location of property: 3683 Pine Neck Road, Southold Tax Map No. 1000 - S~lock_6 Lot 2_~3 County Is returned herewith and disapp'rovLe~'b"fi the following grounds: The proposed construction, on this nonconforming 28,191 square foot lot in the R-40 District is not permitted pursuant to Article XXII Section 280-116 B, which states; "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adiacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead." The proposed construction is noted as being +/- 50 feet from the bulkhead. This Notice of Disapproval was written based on a survey last dated October 30, 2007, by Nathan Taft Corwin, IIL LS. ~- ~-~ /~ ~a / k at,on to the above referenced application, Note to Applicant. Any chang~or devi ! may require Fee: $ c.p~ Filed By: F'")'l~g:L4..~_..~ Date Assigned/Assignment No. Office Not¢~: APR 2 ",'*--/..,cz&,'} gOA~D OF APPEALS APPLICATION TO THE SOUTHOLD TOWN OF AFPEAL~ Parcel Location: House No.3683 Street PINE NECK ROAD Hamlet SOUTHOLD SCTM 1000 Section 7o Block6 Lot(s) 23 Lot Size28,190S.F. Zone DistrictR-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: APRIL 11, 2008 Owner as Applicant: DANIEL & PASQUALINA BERKOWlTZ Mailing Address: 133 RAYMOND STREET, DARIEN, CT 06820 Telephone: 631-765-8o35 Fax: NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: EN-CONSULTANTS, [NC Address: 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 Telephone: 631-283-636o Fax: 631-283-6136 Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) [] Authorized Representative tn Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 1/14/o8 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 and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXII Section 280- 116 Subsection B Article Section 280- 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. E1 Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has [] has not been made with respect to this property UNDER Appeal No. Year Page 2 RK~W Owner: DANIEL & PASQUALINA BE ITZ REASONS FOR APPEAL (additional sheets may be used with a AREX ?,~RMNCE RE/~SONS. (1) An undesirable change will not be produced in the CHARA~ TER of the neighborhood detriment to nearby properties if granted, because: BOARD OF APPEAE5 SEE ATTACHED (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: SEE ATTACHED (3) The amount of relief requested is not substantial because: SEE ATTACHED (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: SEE ATTACHED (5) Has the alleged difficulty been self-created? ( )Yes, or ( )No. SEE ATTACHED 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 ~'ASE COMPLETE THE ATTACHED USE VAR1ANCE SHEET: (Please be sure to consult your attorney.) Sworn to before me this21ST SignatuYe-'~'Appellant or Authorized Agent (Agent must submit written Authorization from Owner) ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST 1. The granting of the requested relief for the proposed swimming pool will not cause any change to the character of the community or even to the subject parcel, as a swimming pool already exists on the subject property in the same location as the new pool is proposed, except that the pool will be located approximately 2 feet farther from Jockey Creek. With respect to neighboring properties, the granting of relief for the pool would actually provide a benefit insofar as the elevated above-ground pool will be replaced with an inground pool located at grade. The granting of approximately one foot of setback relief for the addition of the proposed 12' x 16' screened porch, which will allow for reasonable use of the room and its alignment with the existing attached deck (see also #2 below), is inconsequential to the character of the community or surrounding properties. 2. Due to the preexisting location of the above-ground swimming pool less than 75 feet from wetlands, there is no feasible alternative location for the inground swimming pool replacing it that would not require relief from Chapter 280 of the Town Code. There is also no feasible alternative location for a 12' x 16' waterside screened porch that would not require relief from Article XXII Section 280-116(B). Although a reduction in the proposed 12-foot depth of the porch to 11 feet would obviate the need for such relief, doing so would negatively impact the reasonable use of the already minimally sized porch without providing any benefit to the public, community character, or adjacent landowners, as the proposed screened porch would be aligned with the preexisting seaward protrusion of the existing attached deck and situated farther from the retaining wall and Jockey Creek than the existing pool and deck to be removed and proposed pool. 3. The relief requested for the proposed swimming pool is mathematically substantial (26 feet or +35% relief) but not substantial in fact, as the proposed pool will be set in the same location as the existing swimming pool but approximately 2 feet farther from the retaining wall. Moreover, the proposed pool replacement will improve the visual impact of the accessory structure from the water to the extent that the existing elevated structure will be replaced with a similar structure at grade. The 1 foot or 1.3% relief required for the proposed screened porch is insubstantial by any measure. The project will not have an adverse impact on the physical or environmental conditions because there will not be any significant change in the developed nature of the property, and as a result of the incorporated mitigation measures, there will be a net improvement to the ecological condition of the site. Specifically, the proposed pool not only exceeds the required setback for pools from wetlands set forth in Chapter 275, the new pool will be located approximately 2 feet farther from the wetlands than the existing pool to be removed. And as the screened porch will be aligned with the existing deck attached to the waterside of the house, the porch will create no further structural encroachment on the wetlands. Moreover, though there will be an approximately 456 square-foot increase in lot coverage as a result if the project, the nonturf buffer proposed adjacent to the wetlands and extending up to the 8-foot elevation contour will result in the replacement of approximately 2,640 square feet of lawn with native vegetation. This change, in addition to the installation of a dedicated drywell for pool backwash and a drainage system of drywells to capture and recharge roof runoff from the existing dwelling, will result in a net improvement to water quality via a net reduction not only of the flow rate and volume of runoff entering Jockey Creek but of the potential concentration of fertilizers, fungicides, and other chemicals contained therein. The project as presently proposed was granted Wetlands Permit 6775 by the Board of Town Trustees on 12 December 2007, and the project is situated beyond the Tidal Wetlands jurisdiction of the New York State Department of Environmental Conservation. 5. The need for variance relief for the pool is not self-created due to the preexisting locations of the swimming pool and dwelling. The need for one foot of relief for the proposed screened porch is self-created. oF AUTHORIZATION (print owner of property) residing at (mailt~ address) (town, state, zip) for permit(s)fi:om the~/Oc-'-3t'h- (~-'~C~d / (municipality/depaffment) ~ ~ signature) ~c~ ~ do hereby authorize En-Consultants, Inc. to apply on my behalf. APR 25 2001 ~/~9 BOARD OF APPEALc AUTHORIZATION (print 6x~ner of property) (mailing~address) (town, state, zip) do hereby authorize En-Consultants, Inc. to apply (municipality/department) on my behalf. 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 disapprovaI. Applicant(s) Municipal File Number(s) Mooney/End of Road LLC 6013 Principi 6150 Seber 6156 Judge 6158 Swing 6158 Ferrara 6160 Santiago 6161 McLaughlin 6162 Young 6163 Berkowitz 6165 Kalas 6166 Jeffries 6167 Juul-Nielsen 6168 Sendlewski 6169 Very truly yours, Thomas Isles, AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. 4THFLOOR P,O. BOX6100 [631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 IELECOPIER {631 ) 853-4044 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To; From: Gerard Goehringer, Chair Members of the Zoning Board o£ Appear_l.l.l Mark Terry, Principal Planner LWRP Coordinator Date: June 16, 2008 BOARD OF APPEALS Re; Request for a Variance D & P Berkowitz ZBA#6165 The purpose of this memo in addition to recommending a consistency determination is to clarify the LWRP review process as it relates to applications reviewed by the Zoning Board of Appeals and the Board of Trustees. 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 recommendation that the proposed action is INCONSISTENT from LWRP review pursuant to § 268 of the Southold Town Code. Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. The setback from the proposed free form pool to the wood retaining wall (bulkhead) is 49 feet and the proposed distance from the semen porch to the proposed screened porch is 74 feet; a minimum setback of 75 feet is required by Article XXIII. § 280-116. Building setback requirements adjacent to water bodies and wetlands. [Added 3-14-1989 by L.L. No. 3-1989; amended 11-24-1992 by L.L. No. 20-1992; 6-15-1993 by L.L. No. 8-1993] "B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds' shall be set back not less than 75 feet from the bulkhead...." Please require that the applicant amend the application to meet the above policy to the greatest extent possible. Figure 1. B~3ko~itz Residence It is important to note that the Board of Trustees issued a consistency determination on December 12, 2007. The consistency determination, although, important due to the mitigative measures imposed in the decision making, does not satisfy with § 268-5. Review of actions, item F. of the Southold Town Code which states: Upon recommendation of LWRP Coordinator, the designated agency shall consider whether the proposed action is consistent with the L WRP policy standards summarized in 3~ 268-1 herein. Prior to making its determination of consistency, the designated agency shall consider the consistency recommendation of the LWRP Coordinator. The agency shall render a written determination of consistency based on the CAF, the L WRP Coordinator recommendation and such other information as is deemed necessary to its determination. No approval or decision shall be rendered for an action in the coastal area without a determination of consistency. The designated agency will make the final determination of consistency. The Zoning Board of Appeals is the designated agency for the determination of consistency for variance applications subject to this chapter. The Zoning Board of Appeals shall consider the written consistencl: recommendation of the LWRP Coordinator in the event and at the time it makes a decision to grant such a variance and shall impose appropriate conditions on the variance to make the activiO; consistent with the objectives of this chapter. The language in the latter part of the section indicates that the Zoning Board of Appeals "is the designated agency for the determination of consistency"; the language also gives the Zoning Board of Appeals authority to impose conditions on the variance, stating that the Zoning Board of Appeals: "shall impose appropriate conditions to the variance to make the activity consistent with the objectives of this chapter". The objectives of the chapter refers to the determination of consistency relative to an proposed action meeting the thirteen LWRP policies. Based upon the above the Board of Trustees interaction with joint reviews with the Zoning Board of Appeals is as a commenting board on the proposed action. This structure is similar to the Zoning Board of Appeals and Planning Board process, where the Planning Board issues comments to the Zoning Board of Appeals on applications. Finally, the Zoning Board of Appeals should impose mitigative conditions (if applicable) in the decision making process so that the proposed action meets or furthers the thirteen policies of the LWRP. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me with any questions. Cci Southold Board of Trustees Patricia Finnegan, Town Attorney Kieran Corcoran, Assistant Town Attomey Scott Hilary, LWRP Coordinator OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR To: TOWN OF SOUTHOLD MEMORANDUM Jim King, President Town of Southold Board of Trustees Mark Terry, LWRP Coordinator Principal Planner From: DEC I 0 2007 Board of Trustees Date: December 10,2007 Re: Wetland Permit for DANIEL & PASQUALINA BERKOWITZ SCTM# 70-6-23 DANIEL & PASQUALINA BERKOWITZ request a Wetland Permit to remove the existing above-ground swimming pool and deck, and construct an in-ground swimming pool and patio; construct 12'X 16' screened porch addition partially in-place of existing deck, steps, and walk to be removed, and construct new steps; establish a non-turf buffer; and install a pool drywell landward of Chapter 275 jurisdiction. Located: 3683 Pine Neck Rd., Southold. SCTM#70-6-23 The proposed pool has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP. The proposed patio and screened porch have been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 6 Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the $outhoM Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The distance from the proposed patio to the wetland boundary (bulkhead) is 45 feetl the distance from the proposed screened porch to the wetland boundary is 73 feet~ a minimum setback distance of 100 feet is required pursuant to Chapter 275-3.Findings~ purpose~ iurisdictionl setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. If the action is approved the following best management practices (BMP's) are recommended: 1. Require a minimum 20' non-turf, native vegetation buffer landward of the wetland line. The BMP's will further Policies 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restore tidal and freshwater wetlands, item D (below). Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. MT/hkc 05/29/2008 18:54 G3172731 USDA NRCS COUNT~ OF SUFFOLK PAGE 02/02 May 29, 2008 Gerard P. Gochringer, ChaL.,an Southold Town Board of Appcads 53095 Ma/n Road, P.O. Box 1179 Southold, NY 11971-0959 RE: ZBA Ref No 6165 (Berkowitz) Dear Chairman Gochringer: As per your request a site investigation was conducted at 3683 Pine Neck Road in Southold {SCTM#1000-7-6-23). This site is the location for the proposed in-ground swimming pool and rear porch. No natural resource concerns were found at the site. The subject property slopes towards Jockey Creek and is in permanent grass cover. Every effort should be made during construction tO minimize soil disturbance and maintad ,n or re-establish vegetative cover. Should you require further information, or have any questions please do not hesitate to contact me at the number abo. v~: ....... Sharon Frost Soft District Technician Cornell Cooperative Extension Building * 423 Grilling Avenue ' Riverhead, N~ 11901 James F. t~ng, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hail 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 December 12, 2007 Mr. Robert E. Herrmann EN-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 BOA,~D OF APPEALS RE: DANIEL & PASQUALINA BERKOWITZ 3683 PINE NECK ROAD, SOUTHOLD SCTM# 70-6-23 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, December 12, 2007 regarding the above matter: WHEREAS, En-Consultant, Inc. on behalf of DANIEL & PASQUALINA BERKOWITZ 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 November 15, 2007, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: a non-turf buffer from the 8' elevation contour line extending seaward, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on December 12, 2007, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 265-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of DANIEL & PASQUALINA BERKOWlTZ to remove the existing above-ground swimming pool and deck, and construct an in-ground swimming pool and patio; construct 12' x 16' screened porch addition partially in-place of existing deck, steps, and walk to be removed, and construct new steps; establish a non-turf buffer; and install a pool drywell landward of Chapter 275 jurisdiction, with the condition of the non-turf buffer be placed from the 8' elevation contour line extending seaward, and as depicted on the survey prepared by Nathan Taft Corwin III, Land Surveyor, last dated December 14, 2007, and received on December 17, 2007. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 50.00 Very truly yours, James F. King President, Board of Trustees JFK/eac BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6775 DATE: DECEMBER 12~ 2007 ISSUED TO: DANIEL & PASQUALINA BERKOWITZ PROPERTY ADDRESS: 3683 PINE NECK ROAD~ SOUTHOLD SCTM# 70-6-23 AUTHORIZATION Pursuant to the provisions of Chapter 275 an&or Chapter I i 1 of the Town Code of the Town of Sonthold and in accordance ~vith the Resolution of the Board of Trustees adopted at the meeting held on December 12, 2007, and in consideration of application fee in the sum of $250.00 paid by Daniel & Pasqualina Berkowitz and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and pern~its the following: Wetland Permit to remove the existing above-ground swimming pool and deck, and construct an in-ground swimming pool and patio; construct 12' x 16' screened porch addition partially in-place of existing deck, steps, and walk to be removed, and construct new steps; establish a non-turf buffer; and install a pool drywell landward of Chapter 275 jurisdiction, with the condition of the non-turf buffer be placed from the 8' elevation contour line extending seaward, and as depicted on the survey prepared by Nathan Taft Corwin III, Land Surveyor, last dated December 14, 2007, and received on December 17, 2007. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscr/bed by a majority of the said Board as of this date. JOCKEY CREEK PO01 2 4 PROI SURVEY OF PROPERTY SITUA TED A T $0UTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-70-06-25 S S5'4o'o0', SCALE 1 "=20' AA -~' 17.72' F MARCH 12, 2007 80'.57'3, ¢~,* ~ ~ ~ / JUNE 15, 2007 PROPOSED POOL ~ 49.73' ~ ~ o SEPTEMBER 18, 2007 ADDED F~GGED W~ND LINE ~ ~ ~_ ~ ~ ~ ~ OCTOBER 50. 2007 ADDED PROP. PORCH & STEPS ~ ~ ~ ~ ~ .~¢~ ~ DECEMBER 14, 2007 REVISED NON-TURF BUFFER ~ ~ ~7 ~, ~ ~ ~ ~ ~ AREA = 28,191.10 sq. fE ~esoPos?. ~,,w~a ~ ~ ~ ,ROPOSgD Tg~PORARY ~ ~. ELEVATIONS ARE REFERENCED TO N.G,V.D. ~929 DATUM EXISTINS CONTOUR LINES ARE SHOWN THUS: .... ~ 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36105C0166 G ~ ~'~'~,~[~'~ ::'[:.~J,~:.:~'.]':"~[~:': ~ ~' ~ ~ ZONE AE: BASE FLOOD ELEVATIONS D~ERMINED ~~::; .-~',o~:":':;'::':: :':, ~ ~ ~o~ ,...,. ,~,,T ¢~' ~L ZONE X: AREAS D~ERMINED TO BE OUTSIDE 500-Y~R FLOODP~IN. .~ ~ ~s PASQUALINA ~[RKOWITZ ~u~ ' FIDELITY NATINAL TITLE INSURANCE COMPANY OF NEW YORK ~ SOU Nathan Taft Corw r ' Land Surveyor ~- ~ - ~1o1~ LINDA ~ILLE~ ¢O~P Su~eys- Subdivisions ~/Ao/F yLOtt MATTHE~r ..nTT TAYLOR JAMES ~.~¥; ~ERNER MEREDIz~ PHONE (631)727-2090 Fax (651)727-1 SOUTHOLD TRUSTEES No. Issued To Address THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 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 M¢~__ Expiration ,20 BUIZD12gG PERMIT APPLICATION CHECKLIST Do you have or need the f, bl][~iin' g, bfforc ~plying? 4 sO.s of Building Plans Plarmlng Board approval Check Septic Form Flood l:~nnit Mail to: APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a. This application MUST be ~omplctoly filled in by lypewriter or in ink and submitted to the Building lnsp~ct~ with 4 sets of plans, accurate plot plan to scale. Fe~ according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining promis~s or gublie stroote or areas, and waterways. c. The work covered by this applica6on may not be commenced before issuance of Building Permit. d. Upon approval of shis application, tho Building Inspector will issue a Building permit to the applicant. Such a peanait shall be kept on the pr~mis~s available for inspection throughout the work. e. No building shall be occupied or used in whole or in part f~r any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. £ Every building permit shall ex,Ire 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 be~n enacted in the interim, the Building Inspector may authorize, in writing, lbo extension of the permit for an addition six months. Thereafter, a now Pertmt shall be required. APPLICATION IS HEREBY MADE to the Building Deparinleafl for the issuance cfa Building Permit pursuant to the Building Zone Ordinance of tho Town of 8outhold, Suffolk County, New York, and other applicable Laws, Or tYmane~s or Regulations, for tho construction of buildings, additions, or alterations or for removal or demolition as h~rein described. ~he applicant agrees to comply with all applicshlo laws, ordinances, budding code, housing code, and regulations, and to admit authorized inspectors on promises and in building for necessary inspections. c_- ( Signs t~l~ap}lieant or nana¢, ifa eotgorafion) q~,hiling adshe~s of a~licaat) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofowncrofpremises 1~6~t~ i ~ ~kL~ ff~.k~l ~ (As on the~!~x roll or latest deed)''~ If applicant is a corporation, signature of duty authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land~, which prol;,osed, work will.be done: House Number Street Ifamlct County Tax Map No. lO00 Section d7'OOC) Block ~)(,oOC~ Lot ~c~"~)b~:~ Subdivision Filed Map No. Lot APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: DANIEL & PASQUALINA BERKOWITZ Date Prepared: APRIl 1. For Demolition of Existing Building Areas Please describe areas being removed: EXISTING ABOVE-GROUND POOL AND A[ DECK TO BE REMOVED IN FAVOR OF |NGROUND POOL AND MASONRY PAT OF EXISTING DECK ATTACHED TO HOUSE TO BE REMOVED IN FAVOR OF PROPOSED SCREENED PORCH. 11. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: +/-12' X 16' SCREENED PORCH Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): 17'-6" ls basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: N/A 111. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ONE-STORY FRAME HOUSE WITH DORMERS & ATTACHED GARAGE AND DECK; ABOVE-GROUND SWIMMING POOL. Number of Floors and Changes WITH Alterations: ONE-STORY FRAME HOUSE WITH DORMERS AND ATTACHED GARAGE, DECK, AND SCREENED PORCH; 1NGROUND SWIMMING POOL. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 3,414 S.F, Proposed increase of building coverage: 456 S.F. Square footage of your lot: 28,191 - 1,584 (WETLANDS) = 26,607 S.F. Percentage of coverage of your lot by building area: +/-14.5% V. Purpose of New Construction Requested: REPLACEMENT OF ABOVE-GROUND SWIMMING POOL WITH INGROUND POOL AND ADDITION OF SCREENED PORCH FOR RECREATION ON WATERSIDE OF EXISTING DWELLING. VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): THE LAND CONTOURS SLOPE GENTLY FROM ROAD TOWARD JOCKEY CREEK AND ARE IRRELEVANT TO THE NEED FOR VARIANCE REL1EF. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2007 To~ MEMORANDUM Gerard Goehringer, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: June 16, 2008 Re: Request for a Variance D & P Berkowitz ZBA#6165 The purpose of this memo in addition to recommending a consistency determination is to clarify the LWRP review process as it relates to applications reviewed by the Zoning Board of Appeals and the Board of Trustees. 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 recommendation that the proposed action is INCONSISTENT from LWRP review pursuant to § 268 of the Southold Town Code. Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. The setback from the proposed free form pool to the wood retaining wall ('bulkhead) is 49 feet and the proposed distance from the screen porch to the proposed screened porch is 74 feet; a minimum setback of 75 feet is required by Article XXIII. § 280-116. Building setback requirements adjacent to water bodies and wetlands. [Added 3-14-1989 by L.L. No. 3-1989; amended 11-24-1992 by L.L. No. 20-1992; 6-15-1993 by L.L. No. 8-1993] "B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead...." Please require that the applicant amend the application to meet the above policy to the greatest extent possible. Figure 1. Berkowitz Residence It is important to note that the Board of Trustees issued a consistency determination on December 12, 2007. The consistency determination, although, important due to the mitigative measures imposed in the decision making, does not satisfy with § 268-5. Review of actions, item F. of the Southold Town Code which states: Upon recommendation of L WRP Coordinator, the designated agency shall consider whether the proposed action is consistent with the L WRP policy standards summarized in 3~ 268-1 herein. Prior to making its determination of consistency, the designated agency shall consider the consistency recommendation of the LWRP Coordinator. The agency shall render a written determination of consistency based on the CAF, the L WRP Coordinator recommendation and such other information as is deemed necessary to its determination. No approval or decision shall be rendered for an action in the coastal area without a determination of consistency. The designated agency will make the final determination of consistency. The Zoning Board of Appeals is the designated agency for the determination of consistenc~_for variance applications subject to this chapter. The Zoning Board of Appeals shall consider the written consistency recommendation of the L WRP Coordinator in the event and at the time it makes a decision to grant such a variance and shall impose appropriate conditions on the variance to make the activit~ consistent with the objectives of this chapter. The language in the latter part of the section indicates that the Zoning Board of Appeals "is the designated agency for the determination of consistency"; the language also gives the Zoning Board of Appeals authority to impose conditions on the variance, stating that the Zoning Board of Appeals: "shall impose appropriate conditions to the variance to make the activity consistent with the objectives of this chapter". The objectives of the chapter refers to the determination of consistency relative to an proposed action meeting the thirteen LWRP policies. Based upon the above the Board of Trustees interaction with joint reviews with the Zoning Board of Appeals is as a commenting board on the proposed action. This structure is similar to the Zoning Board of Appeals and Planning Board process, where the Planning Board issues comments to the Zoning Board of Appeals on applications. Finally, the Zoning Board of Appeals should impose mitigative conditions (if applicable) in the decision making process so that the proposed action meets or furthers the thirteen policies of the LWRP. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Please contact me with any questions. Ce~ Southold Board of Trustees Patricia Finnegan, Town Attorney Kieran Corcoran, Assistant Town Attomey Scott Hilary, LWRP Coordinator Town of Southold A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS I~ A~~app~icantsforpermits*inc~udingT~wn~fS~uth~~dagencies~shaI~c~mp~etethisCCAFf~r proposed actions that are subjectt0 theT0wn0fSouthold WaterfrontC0nsiatency Review Law. This assessmentisintended t0 supplementotherinformation used byaTown of S0uthotd agency in m a k in g a d ete r m in a t io n o f c 0 n s iste n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus., each answer must be explained in detail listing both supporting and non- su~ortin~ facts. 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~ (southoldtown.northfork.net), the Board of Trustees Office, the ~.eat.~mqall loc~: libraries and the Town Clerk's office. ~"-.~, ..~. v :~'~ B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# '70 6 _ 23 PROJECT NAME DANIEL & PASQUALINA BERKOW1TZ ~bsite BOARD OF APPEALS The Application has been submitted to (check appropriate response): TownBoard [---] PlanningBoardl'~ Building Dept. ["-] Board of Trustees [~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital 1---[ 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: REMOVE EXISTING ABOVE-GROUND SWIMMING POOL AND DECK, AND CONSTRUCT INGROUND SWIMMING POOL AND PATIO; CONSTRUCT 12' X 16' SCREENED PORCH ADDITION PARTIALLY IN-PLACE OF EXISTING DECK, STEPS, AND WALK TO BE REMOVED, AND CONSTRUCT NEW STEPS; ESTABLISH A NONTURF BUFFER; AND INSTALL A POOL DRYWELL LANDWARD OF CHAPTER 275 JURiSDICTION, ALL AS DEPICTED ON THE SITE PLAN PREPARED BY NATHAN T. CORWIN III, LAND SURVEYOR, LAST DATED OCTOBER 30, 2007. Location of action: 3683 PINE NECK~OAD, SOUTHOLD Site acreage: 0.647 Present land use: RESIDENTIAL, ONE-FAMILY DWELLING Present zoning classification:R-40 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: DANIEL & PASQUALINA BERKOWITZ (b) Mailing address: 133 RAYMOND STREET DARIEN, CT 06820 (c) Telephone number: Area Code 631-765-8035 (d) Application number, if any:. WilI the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No [~ If yes, which state or federal agency?. C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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 Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [~] Yes [~ No [~ Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [5~ Yes ~] No ~ Not Applicable THE PROJECT IS CONSISTENT WITH POLICY 3 INSOFAR AS IT SHALL ESTABLISH A NONTURF BUFFER TO BE PLANTED WITH NATIVE VEGETATION INPLACE OF AN EXISTING, MAINTAINED LAWN AREA UP TO 10 FEET LANDWARD OF AN EXISTING RETAINING WALL AND 8 FEET ABOVE MEAN SEA LEVEL, THUS RESTORING AND PRESENTING A MORE NATURAL APPEARANCE ALONG THE SHOREFRONT. 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 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 [5~ Yes [~ No [--] Not Applicable THE PROJECT WILL RESULT 1N THE PROTECTION AND IMPROVEMENT OF WATER QUALITY AND THUS BE CONSISTENT WITH POLICY 5 VIA THE FOLLOWING INCORPORATED MITIGATION MEASURES: 1) ESTABLISHMENT OF A NONTURF BUFFER UP TO 35 FEET LANDWARD OF THE SURFACE WATERS OF JOCKEY CREEK; 2) INSTALLATION OF A DRAINAGE SYSTEM OF DRYWELLS TO CAPTURE AND RECHARGE ROOF RUNOFF FROM THE EXISTING DWELLING STRUCTURE; AND 3) INSTALLATION OF A POOL DRYWELL DEDICATED TO CAPTURING POOL BACKWASH. 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 THE'PROJECT WILL BE CONSISTENT WITH~ICY 6 DUE TO THE INCORPORATED b~fiATION AND PROTECTIVE MEASURES OUTLINED ABOVE. iN ADDITION, A PROJECT-LIMITING FENCE AND STAKED HAYBALES WILL BE INSTALLED ABOVE THE 10-FOOT ELEVATION CONTOUR DURING CONSTRUCTION TO CONTAIN ANY SITE DISTURBANCE DURING CONSTRUCTION. WITH RESPECT TO THE PROJECTS COMPLIANCE WITH TRUSTEES AND NYSDEC LAWS AND REGULATIONS, THE SWIMMING POOL EXCEEDS THE WETLANDS SETBACK SET FORTH IN CHAPTER 275 BY 7 FEET; THE PORCH ADDITION WILL BE 82 RATHER THAN 100 FEET FROM WETLANDS BUT PARTIALLY IN PLACE OF AND IN LINE WITH THE EXISTING DECK AND THUS ENCROACH NO FURTHER UPON THE WETLANDS; AND THE WORK HAS BEEN EXEMPTED FROM THE DEC'S TIDAL WETLANDS JURISDICTION DUE TO ITS LOCATION LANDWARD OF 10-FOOT ELEVATION CONTOUR ABOVE MEAN SEA LEVEL. 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 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 [5~ Not Applicable 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 Attach additional sheets if necessary WORKING COAST POLICIES · Po)icy 101 Protect Southold's water-dei~dent uses and promote siting of nlwater-dependent uses in suitable locations. See LWRP Section II~lm'Policies; Pages 47 through 56 for e~ltquation criteria. Yes [~ No [~ Not Applicable 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 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 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 PREPARED BY RoBER~E~MANN TITLE COASTAL MOMT SPECIALIST DATE 11/9/07 Amended on 8/1/05 PROJECT LD. NUMBER 617.20 SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I APPLICANT/SPONSOR: DANIEL & PASQUALINA [ 2. PROJECT NAME BERKOWITZ BY EN-CONSULTANTS, INC.I A?]~ 2 5 2937 3 PROJECT LOCATION: Municipality SOUTHOLD County SUFFOLK 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) 3683 PINE TP, gE ROAD, CUTCHOGUE, TOWN OF SOUTHOLD; SCTM #1000-70-6-23 ,s PROPOSED ACT [] iXL~t i~ E-xpamion [] Modificatio./alter.tion 6 DESCRIBE PROJECT BRIEFLY: REMOVE EX]STING ABOVE-GROUND SWIMMING POOL AND DECK, AND CONSTRUCT ]NGROUND SWIMMING POOL AND PATIO; CONSTRUCT 12' X Iff SCREENED PORCH ADDITION PART]ALLY IN-PLACE OF EXISTING DECK, STEPS AND WALK TO BE R.EMOVED, AND CONSTRUCT NEW STEPS; ESTABLISH A NONTURY BUFFER; AND INSTALL A POOL DRYWELL LANDWARD OF CHAPTER 275 JURISDICTION, ALL AD DEPICTED ON THE SITE PLAN PREPARED BY NATHAN T. CORWIN HI, LAND SURVEYOR, LAST DATED MARCH 26, 2008. 7. AMOUNT OF LAND AFFEC']~D Initially 28,191 S.F. a~ Ultimately 28,191 S.F. acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [~Yes [] No If NO, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential r-]Industrial [] Commercial [] Agriculture [] Park Forest/Open space [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Y e s [] N o If yes, list agency(s) and permit/approvals DEC, SOUTHOLD TRUSTEES 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ]Yes [] No If yes, list agency name and permit/approval NYS DEC LETTER OF NON-JURISDICTION #1-4738-03771/0001 AND SOUTHOLD TRUSTEES # 6775 12 AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? r-lyes [~N o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name ROBEP~EI HERRMANN, COASTAL MANAGEMENT SPECIALIST D A T E APRIL 21, 2008 Signature: ~ ~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II- ENVIRONMENTAL ASSESSMENT~o be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes. coordinate the review process and use the FULL EAF J'--J Yes r--]No B WiLL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.67 If no, a negative declaration may be superseded b another involved agency r-]Ye, C COULD ACTION RESULT iN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING, (Answers may be handwritten, if legible) CI Existing air quality Surface or groundwater quality or quantity, noise levels, existing traffic patterns, solidwaste production ordisposa[ potential for erosion drainage or flooding problems! Explain briefly: C2 Aesthetic, agricutturah archaeological, historic, or other natural or cultural resources: or community or neighborhood character? Explain briefly: C3 Vegetation of fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other naturm resources? Explain briefly, C5 Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term, snort term, cumulative or other effects not identified in CI-C57 Explain briefly C7 Other impacts (including Changes in use of either quantity or type of energy)? Explain briefly. D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? I--lYes [~]No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? r-]Yes [--iNo If Yes, explain briefly 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; (c) geographic scope; and (f) magnitude, if necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have boon identified and adequately addressed. If- question D of Part 11 was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse impa~cts which MAY occur. Then Proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box it you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name ot Leacl Agency hue ot I~espons~bJe (Jtt[cer Signature of Preparer (If different from responsible officer) Date 2 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. AP1 Is the subject premises listed on the real estate market for sale~ EIYes []No BOARD OF APPEALS b Are there any proposals to change or alter land contours? [] No BYes, please explain on attached sheet. 1) Are there any areas that contain sand or wetland grasses?YES 2) Are these areas shown on the map submitted with this application?YES 3) Is the property bulkheaded between the wetlands area and the upland building area? YES 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction?YES Please confirm status of your inquiry or application with the Trustees: WETLANDS PERMIT NO. 6775, ISSUED 12/12/07. and if issued, please attach copies ofpelmit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO 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? NO If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel?NO the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel RESIDENTIAL. ONE-FAMILY DWELLING WITH POOL f and proposed use NO CHANGE {exa//~les: existing: single-family; proposed: same with garage or pool, or other description.) Authori#e3~c4gnature and Date 2/os; ROBERT E. HERRIvlANN COASTAL MANAGEMENT SPECIALIST TRnA APPLICANT CTIONAL 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 employe~s. The purpose 0f this form is to provide inform4ation, which can alert the Town of 199ssible ¢onflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, mfle~s you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance 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) with any officer or employee of the Town of Southold? "Relationship" i 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 Complete the balance of this form and date and sign below where indicated. 2 5 20, 7 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 alt 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, parmer, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com ENVIRONMENTAL CONSULTING June 23, 2008 Gerard P. Goehringer, Chairman Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: D~nlal and pa~lnnlinn Berkowitz~ ADD. NO. 6165 Dear Mr. Goehringer: I am in receipt of a memorandum to you from Mark Terry dated June 16, 2008, which though not copied to the applicants, was forwarded to me by Linda Kowalski of your office. In addition to advising you pursuant to §268-5(F) that the Board of Appeals must make its own consistency determinmion independent of that previously issued by the Board of Trustees, Mr. Terry uses this memorandum to offer his recommendation that the proposed action is "inconsistent" with the LWRP. Although we could have offered thc Board a response to this consistency recommendation in a public forum had it been offered prior to the public hearing held on May 29~, I now offer the following response for your consideration. Although it is recommended that the Board deem the project as proposed inconsistent with Policy 6.3 ("Protect and restore tidal and f~shwater weflends'), this recommendation appears to be based solely upon the fact that the project does not meet the 75-foot zoning setback from the existing retaining wall on the property as required by §280-116(B). Basing an inconsistency recommendation only upon the project's failure to meet this setback is tenuous, however, as every application seeking variance relief from this section of the code fails to meet the required 75-foot setback. That is, if it is recommended that any one project be deemed inconsistent with the LWRP for this reason alone, then all such projects before the Board of Appeals could be deemed inconsistent with the LWRP, and it is clearly not the intent of Chapter 268 to have the Board determine that all projects failing to meet a particular section of code be considered "inconsistent" with the policies of the LWRP. Rather, the stated purpose of Chapter 268 pursuant to §268-2(B) is to "provide a framework for agencies of the Town of Southold to incorporate the policies and purposes contained in the Town of Southold Local Waterfront Revitalization Program (LWRP) when reviewing applications for actions ...within the coastal area; and to assure that such actions...are consistent with the IJWRP policies and purposes." To that end, §268-5(C) requires that the applicant submit with its application for an action a Coastal Assessment Form (CAF), which was submitted with our variance application more than two months ago to address the project design, its incorporated mitigation measures, end its consistency with the applicable LWRP policies, including Policies 3, 5, and 6 (copy enclosed). Section 268-5(D) then requires that "within 30 days following referral of the CAF," the LWRP Coordinator shall render a written recommendation as to whether "the proposed action is consistent with or inconsistent with one or more of the LWRP policy standards and objectives and shall elaborate in writing the basis for its opinion...[and]...make any suggestions to the agency concerning modification of the proposed action, including the imposition of any conditions, to make it consistent with LWRP policy standards and objectives or to greater advance them." Regardless of its timeliness, the consistency recommendation here is supported by no such elaboration or basis as to why the project should be deemed inconsistent with the policy of protecting tidal wetlands aside from its failure to comply not with a wetlands setback but with a zoning setback; and it provides no recommendations as to how the project could be modified aside from meeting the setback to the greatest extant possible. Because it is therefore difficult to know whether the project design (e.g., increase in preexisting pool setback, minimization of porch addition to maintain preexisting dwelling setback) or incorporated mitigation measures (e.g., proposed nonturf buffer, proposed drainage system, proposed pool do/well) have been taken into consideration, I will provide as comprehensive a response to the consistency recommendation as I can. With respect to the maximization of the proposed setback, the narrative submitted with our variance application and our dialogue during the public heating addressed how the proposed setback has already been maximized to the greatest extent reasonably and practicably possible givan the preexisting site conditions, including the facts that the setback of the new swimming pool would improve upon the preexisting pool setback and the porch addition would remain in line with the rear deck and thus only 12 inches less than the required 75 feet from the retaining wall. Therefore, I will not reiterate those discussions herein. I will, however, elaborate the basis for our position the project as presently designed is in fact consistent with Policy 6.3. Section III of the LWRP sets forth the purpose and goals of each program policy as well as standards by which proposed actions should be measured when determining whether an action will be consistent with those purposes and goals. Policy 6.3 in particular details six (6) standards for achieving consistency with the purposes of the policy of protecting and restoring freshwater wetlands, which are examined as follows: Comply with statutory and regulatory requirements of the Southold Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction: Although set back 49 feet from the retaining wall, the proposed swimming pool is set back more than 50 feet from the delineated tidal wetlands boundary and is thus in compliance with the Town Wetlands Law, §275-3(DX1XaXS). In addition to rendering a determination that the project is consistent with the LWRP policies, the Board of Trustees issued Wetlands Permit No. 6775 to authorize the project pursuant to the Town Wetlands Law on December 12, 2007. The project is therefore consistent with this policy standard. Comply with statutory and regulatory requirements of the State's wetland laws: Tidal Wetlands Letter of Non-Jurisdiction No. 1-4738-03771/00001 was issued by the New York State Departmant of Environmental Conservation to authorize the project pursuant to the New York State Tidal Wetlands Act on February 27, 2008. The project is therefore consistent with this policy standard. C. Prevent the net loss of vegetated wetlunds according to the following measures: 1) Avoid placement of fill in or excavation of vegetated wetlands; 2) Minimize adverse impacts resulting from unavoidable fill, excavation, or other activities by a) reducing scale or intensity of use in order to limit incursion into wetland areas and b) designing projects to result in the least degree of adverse wetland impacts; and 3) Provide compensatory mitigation for adverse impacts which may result from unavoidable fill, excavation, or other activities remaining after all appropriate and practicable minimization has been accomplished: The project antails no fill in, excavation of, or incursion into vegetated or other wetland areas and will therefore not result in the net loss of vegetated or any other wetland area; and the establishment of the nonturf buffer in place of existing lawn will provide a protective and potantially restorative function for the adjacant wetlands by decreasing the volume and increasing the quality of upland runoff through increased absorption and filtering of chemicals and sediments, respectively. The project is therefore consistent with this policy standard. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and flmctions: The location of the proposed swimming pool would increase the preexisting setback betwean the wetlands and swimming pool to one that complies with the required minimum wetlands setback for swimming pools set forth by §275-3(DX1XaXS); and an approximately 2,640 square-foot nonturf buffer to be planted with native coastal plantings will be established in place of existing lawn, up to the g-foot elevation contour and as much as 25 feet landward of the delineated tidal wetlands boundary, which will provide the protective and restorative wetland function described above. The project is therefore consistent with this policy standard. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: The existing buffer area between the developed portion of the property and wetlands will be increased by increasing the wetlands setback of the swimming pool as described above; and this area will be enhanced through establishment of a formalized 2,640 square-foot nonturf buffer to be planted with native coastal plantings, which will provide the protective and restorative wetland function described above. The project is therefore consistent with this policy standard. Restore tidal wetlands and freshwater wetlands, wherever practical, to foster their continued existence as natural systems: There is no practicable or appropriate opportunity as part of this variance application to reconstruct or to chemically or biologically alter or manipulate the conditions oftbe adjacent, naturally occurring wetlands, but the buffer area adjacent to these wetlands will be pro~cted and enhanced and provide the protective and restorative wetland flmcfion described above. The project is therefore consistent with this policy standard. It is noteworthy that while two of these six standards make reference to compliance with the statutory and regulatory requirements of the Town and State Wetlands Laws, none of the standards references compliance with the requirement of the Town Zoning Code that upland structures be set back 75 feet from shoreline structures. And unlike the Town Zoning Code, which more than 15 years ago established a uniform 75' setback requirement for all upland structures from shoreline structures, the Town Wetlands Law in 2005 specifically distinguished swimming pools from primary structures by requiring that pools meet a lesser setback of 50 feet and dwellings a greater setback of 100 feet from the wetland boundary. Therefore, it cannot be ignored during your consistency review that whatever its setback from the on-site retaining wall, the proposed swimming pool complies with the required setback of SO feet from the wetland boundary set forth by Chapter 275-3(D)(1)(a)($). The significance of this compliance with the Town Wetlands Law and the role of the Board of Trustees in issuing consistency determinations and wetland permits is explicitly emphasized not only by the lang-~$e of the policy standards as described above but also by the introductory language of Policy 6.3, which states that the "Town Board of Trustees has local expertise in the management of the Town's wetlands [and] the following policy standards recognize that local expertise and judgment must be given priority." Therefore, while Mr. Terry opines that the Trustees' role in its joint reviews with the Zoning Board of Appeals on the proposed action is merely as a commenting board, I respectfully suggest that while §268-5(F) may rightfully designate the Board of Appeals as the consistency review agency for variance applications, the Board should prioritize the Trustees' judgment as directed by the LWRP when making a consistency determination on variance applications that relate to wetland setbacks unless it has specific and scientifically defensible cause to believe that the Trustees' consistency determination is unfounded. And in this case the Trustees issued a determination of consistency and a wetlands permit for the project based on its overall design, mitigation measures, and expected environmental impacts, which the Board of Appeals can consider as summarized in the "Reasons for Appeal" section of our variance application. To wit, the project will not have an adverse impact on the physical or enviroumantal conditions of the site because there will not be any significant change in thc developed nature of the property, and as a result of the incorporated mitigation measures, there will be a net improvement to the ecological condition of the site. Specifically, the proposed pool not only exceeds the required setback for pools from wetlands set forth in Chapter 275, the new pool will be located approximately 2 feet farther from the wetlands than the existing pool to be removed. And as the screened porch will be aligned with the existing deck attached to the waterside of the house, the porch will create no further stmcaa-al encroachment on the wetlands. Moreover, though there will be an approximately 456 square-foot increase in lot coverage as a result if the project, the nonturf buffer proposed adjacent to the wetlands and extending up to the g-foot elevation contour will result in the replacement of approximately 2,640 square feet of lawn with native vegetation. This change, in addition to the installation of a dedicated drywell for pool backwash and a drainage system of drywells to capture and recharge roof runoff from the existing dwelling, will result in a net improvement to water quality via a net reduction not only of the flow rate and volume of runoff entering Jockey Creek but of the potential coneenlration of fertilizers, fungicides, and other chemicals contained therein. As a final consideration that I noted during the public hearing, if the easterly adjacent neighbors~whose property is not improved with a shoreline structurz~ -sere to apply for and receive a wetlands permit for a similarly situated swimming pool, they would not require relief from the Board of Appeals to build that structure. Similarly, if the applicants did not have or were to remove their retaining wall, then zoning relief for their proposed structures would not be necessary, and the LWRP Coordinator would thus prnsumably have been able to recommend that the project be found consistent with the LWRP. It is problematic that two identical projects on two adjacent properties could require such substantially different regulatory reviews within the same Township based solely on the presence of a shoreline structure. This is significant for the Board of Appeals to consider when making both its consistency and variance detenniantions because whereas strict application of the wetland setback required specifically for swimming pools by the current Town Wetlands Law can produce consistency in the locations of pools with respect to wetlands and thus consistency in the character of the neighborhood--regardless of whether those wetlands are fronted by a shoreline stmc~ct application of the structural setback required by Section 280-116(B) cannot because it arbitrarily treats bulkheaded and unbulkheaded shorefront properties unequally. Therefore, based on all of the foregoing, it is the applicant's position that the project as proposed with its incorporated mitigation measures be determined by the Board of Appeals to be consistent with Policy 6.3 and ali other applicable LWRP policies. Should you have any questions or wish to discuss the above further, please feel free to contact me at your earliest convenience. Otherwise, we thank you for considering our response and look forward to the Board's decision on our application. i~~~ .~_lly yours, Coastal Management Specialist cc: Daniel and Pasqunlina Berkowitz James King, Chairman, Board of Trustees Patricia Finnegnn, Town Attorney Lori Hulse, Town Attorney Mark Terry, LWRP Coordinator ScoR Hilary, LWRP Coordinator EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING June 2, 2008 Gerard P. Goehringer, Chairman Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Daniel and Pasqualina Berkowitz~ App. No. 6165 4 2008 Dear Mr. Goehringer: As we discussed after last week's public hearing on the captioned application, it was brought to my attention after the heating that the applicants might wish to reconstruct (in-kind and in-place) what would be the remaining 12' x 37' portion of attached deck adjacent to the proposed porch addition if the Board were to grant the relief necessary to construct the porch. Although the work would entail only an in-place replacement of an existing structure, approximately half the deck would be located 74 feet---or one foot less than the required 75 feet--from the existing retaining wall and thus require additional approval from your Board. For the purpose of saving both the applicants and the Board from the additional time and cost associated with another variance application for the one foot of relief that would be necessary to replace the deck, we hope and respectfully request that if the Board grants the relief necessary to construct the porch addition, your decision include the additional relief necessary to replace the deck adjacent to the porch. Given the lack of any public objection or comment on the other relief requested, it is prudent to expect that there would be no public interest in the in-place replacement of the existing deck. Of course, if the Board is willing to do incorporate such additional relief, we would submit a survey/site plan revised accordingly and obtain amended wetlands approval f~om the Board of Trustees prior to filing for a Building Permit. Should you have any questions concerning this request, please let me know, else I thank you in advance for your consideration and look forward to your decision. Coastal Management Specialist cc: Daniel and Pasquulina Berkowitz APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 June 3,2008 En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 Re: Public Hearing #6165 - Your 6/2/08 Letter to Amend Berkowitz Application Dear M~ann: Following the hearina of the variance under Appeal No. 6165 held on May 29, 2008, you have asked members to consider the owners' wish to amend their application for demolition of the existing 12' by 37' deck and reconstruction in place. As of today, It does not appear that you have made an inquiry through the Building Inspector for the changes and this would be correct procedure to follow. In the event the Building Inspector says that a variance is necessary, then the only procedure permitted by law for ZBA relief (amendments included) would be to follow the same appeal procedure that was followed under the first appeal. Please let us know how you wish to proceed with the current application, and whether or not the building inspector will be requiring additional variance relief under Code Section 280-116B. Thank you. Very truly yours, ,,,"Gerard P. Goehringer/7~.4L, . , ' Chairman ~ ~/'"/~ ~ nda Page 1 of 1 From: Larry Jungblut [jajungbl@optonline.net] Sent: Tuesday, May 27, 2008 10:24 AM To: Kowalski, Linda Subject: ZBA Hearing 5/29/08 Berkowitz #6165 May 27, 2008 To: Southold Town Zoning Board of Appeals -- Although I do not own property immediate adjacent to Daniel and Pasqualina Berkowitz, I did receive a certified mailing concerning their hearing as my property is only 30 feet west of their property and is noted on their survey for SCTM 1000-70-06-23. I am in favor of granting them a waiver so that they can remove the above the ground pool and install an inground pool. My concern is that the present (above ground) pool has or will shortly be near its end of lifetime. A major rupture of the pool could possibly cause considerable runoff onto my property along with a major runoff into Jockey Creek. Although the proposed pool and patio rear yard setback is less than 75 feet from the code required setback, it is does not affect any property to their rear as their property is on Jockey Creek and does not affect other property owners. For these reasons, I support the Berkowitz's request for a variance. Sincerely, Jan L. Jungblut 3295 Pine Neck Road PO Box 489 Southold, NY 11971 5/27/2008 EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING April 21, 2008 Southold Town Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971 Atm.: Linda Kowalski Re: Daniel and Pasqualina 3683Pine Neck Road SCTM #1000-70-6-23 Dear Ms. Kowalski: Enclosed are (8) sets of the following for your review: 1. Notice of Disapproval. 2. Zoning Board of Appeals application including: a. Questionnaire. b. Applicant' s Project Description. c. Transactional Disclosure Form. d. Letter of Authorization; 3. Environmental Assessment Form; 4. Property card; 5. Survey/site plan; 6. Floor plan; 7. NYSDEC Tidal Wetlands Letter of Non-Jurisdiction; 8. Town Trustees Wetlands Permit; 9. Photographs; 10. Local Waterfront Revitalization Program Consistency Assessment Form; 11. Application fee of $400.00. I trust this information shall allow you to process our request. Should any additional information be required, please do not hesitate to contact our office. Coastal Management Specialist Eric. EN-CONSULTANTS, INC. 1319 NoKh Sea Road Sou~ampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsul~nts.com ENVIRONMENTAL CONSULTING April21,2008 Mark Terry, LWRP Coordinator Planning Board, Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Berkowitz~ 3683 Pine Neck Road~ Southold - Addendum to LWRP Consistency Assessment Form Dear Mr. Terry: Attached please find an LWRP Consistency Assessment Foma that is being submitted to you in connection with an application being concurrently submitted to the Board of Zoning Appeals. You will note that this same document was delivered to and reviewed by you in November 2007 in association with a Wetlands Permit application submitted to the Board of Trustees for the same work. Since you originally reviewed this document, however, the site plan was revised at the request of the Trustees to increase the size of the buffer area landward to the 8-foot elevation contour, effectively replacing approximately 2,640 square feet of lawn with native vegetation. Based on this change, the Trustees deemed the application consistent with the LWRP and issued Wetlands Permit No. 6775 for the project on December 12, 2007. Should you have any questions regarding this matter, please do not hesitate to contact me. Robert E. Heniiiann Coastal Management Specialist cc: Linda Kowalski, Board of Zoning Appeals New York State Department of Environmental ConservationDivision of Environmental Permits, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631) 444-0365 · FAX: (631) 444-0360 Website: www.dec.state.ny.us LETTER OF NON JURISDICTION TIDAL WETLANDS ACT Daniel Berkowitz 133 Raymond Street Darien, CT 06820 Re: Application #1-4738-03771/00001 Berkowitz Property 3683 Pine Neck Rd. Southold, N.Y. 11968 SCTM#1000-70-6-23 February 27, 2008 Dear Mr. Berkowitz: APR 9 BOARD OF APPEAL: Based on the infmmation you have submitted, the Department of Environmental Conservation (DEC) has determined that the property landward of the 10' elevation contour line, as shown on the survey prepared by Nathan Taft Corwin dated 3/12/07, last revised on 10/30/07, is beyond Tidal Wetlands Act (Article 25) jurisdiction. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required. Be advised, no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Article 25 jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hale bay berm. Please note that this letter does not relieve you bf the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. cc: En-Consultants, Inc., BMHP, file ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville April 29, 2008 Zoning Appeal No. 6165 Transmitted herewith is Zoning Appeals No. 6165 of Daniel & Pasqualina Berkowitz- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is a Cover Letter from En-Consultants, Inc. listing the following: Questionnaire, Applicant's Project Description, Applicant Transactional Disclosure Form, Notice of Disapproval, Copy of Application for Building Permit with Disapproval, Authorization Letter from Dan Berkowitz to En-Consultants, Inc. to represent him in this matter, Authorization Letter from Pasqualina Berkowitz to En- Consultants, Inc. to represent her in this matter, Short Environmental Assessment Form, 1 Page of Property Card, Survey Showing Proposed Changes Prepared by Nathan Taft Corwin III, Land Surveyor, Floor Plans Showing Proposed Additions and Proposed Renovations Prepared by Michael Macrina Architect, P.C., Letter of Non-Jurisdiction Tidal Wetlands Act from New York State DEC, Board of Town Trustees Wetlands Permit with Survey, 4 Photos of Property, LWRP Consistency Assessment Form, ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4/26/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6165 Berkowitz, Daniel & 8422 $400.00 Pasqualina MAR 2 8 2008 $400.00 k By __ Thank 'ou. To~Of Southold I~1~ Box 1179 Southold, NY 11971 Date: 04/28/08 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees ReceiptS: 17166 Reference Subtotal 6165 $400.00 Check#:8422 Total Paid: $400.00 Name: Clerk ID: En-consultants, Inc. {for Berkowitz} 1319 North Sea Drive Southampton, NY 11968 CAROLH Internal ID: 6165 Town Annex/First Floor, Norzh Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 ZONINGBDOFAPPEALS http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-]809 Fax (631) 765-9064 ,U~PS Mailing 53095 Main Road P.O. Box 1179 Southold, NY I ! 971-0959 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, Southeld, New York 1~971-0959, on THURSD .AY. MAY 29, 2008: 10:Sn A.M. DANIEL and PASQUALINA BERKOWITZ #6165. Request for a Variance under Section 280.'116B, based On the Building Inspector's April 11, 2~08 amended Notice of Disapproval concerning a proposed swimming pool structure with patio at grade and a proposed rear porch addition t~ the dwelling, both proposed at less than 75 feet from the code- required minimum setback, measured to the existing bulkhead. Location of Property: 3683 Pine Neck Road at Jockey Creek, Southold; CTM 1000-70-6-23. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/er 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-'~809, or by small: Linda. Kowalski(~,Town. Sou~h..old.ny.us. Dated: May 2, 2008~ ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54~7§ Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O, Box 1179 Southold, NY ~971-0959 ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 15th day of May, 2008. rog, both proposed at less than 75 feet from the code-required minimum set back, measured to the existing bulkhead. Location: 3683 Pine Neck Road at evCreek Southold:CTM 10fl0-70-6~23 Principal Clerk day of CHRISTINA VOLINSKI NOTARY PUBLIC-STATS OF NEW YORK No. 01-V06105050 n 35 feet Each h~ alillg TiS not stitrt cadi~r',~an TOWN OF SOUTHOLD PROPERTY Il ECORD I~ARU ~/~rT~ ~ ~ ~ / ~ OWNER STREET %, : , VILLAGE DIST. SUB. LOT / I ~'~ ~0/~ ~ - - ,. ~, ~-c ,'~: ~' ~ ~ L/~' U l LAN D I M P. TOTAL DATE REMARKS I AGE BUILDING CONDITION U llg]Ob 6~ SzJq¢ r~ccs 6Pm7~Tq - I - FARM Acre Value Per Value I ' Tillable Tillable 2 Tillable 3 Woodland FRONTAGE ON WATER [~ P ~ ~,~ ~ ~ Swampland BrusHbnd FRONTAGE ON ROAD House Plot DEPTH BULKH~D / Total ~ ~ ~ DOCK SOUTHOLD BAY 39.5 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK h~ the Matter of the Application of Banlc, l_& P~squalina Berkowi~z (Name of Applicants) CTM Parcel #1000- 70 6 - 23 COUNTY OF SUFFOLK) STATE OF NEW YORK) AI~T1DAVIT BOARD OF APPEAL - _.__._...___---.--~-~ [,Robert E. Herrmann me~d~mgat 1319 North Sea Road, Southampton ,New York, beingdulyswom, deposeandsaythat: On the 12 day of May ,2008 , I personally mailed at the United States Pos1 Oft]ce in Southampton , New York, by CERTIFIED MAIL, RETURN RECEI]?T KEQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to ctmrent owners shown on the current assessment roll verified from the official records on file with the (x) Assessors, or ( ) County Real Property Office Southold , for every property which abuts and is across a public or priv¢,ie street, or vehicular right-of-way of record, surrounding the applicant's property. ' gnamre) Sworn to before me this '&_-j-k__ day of-f~ ,200 ~ PLEASE list, on the back of this AITtdavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed. Thank you 1319 North Sea Road Southampton, NY 11968 Phone: (631) 283-6360 Fax: (631 ) 283-6136 To: ALAN BAIN From: LINDA NAPPI Fax: 011-44-131-226-3936 Pages: 5 Phone: 01t ~.~. 131-225-t501 Date: 5-16-08 Re: 3683 PINE NECK ROAD CC: [] Urgent For Review [] Please Comment [] Please Reply [] Please Recycle ENCLOSED PLEASE FIND THE INFORMATION SENT TO YOU AND RETURNED BACK TO ME. I GOT THE 15 WEST 72ND ST ADDRESS FROM THE TOWN OF SOUTHOLD ASSESSORS OFFICE AS REQUIRED. 05/16/2008 16:03 FAX 6312836136 EN-CONSULTANTS,INC. ~001_~_4~ *** ACTIVITY REPORT *** ST. TIME CONNECTION TEL CONNECTION ID NO. MODE PGS. RESULT .05/15 15:2! 17187675421 4411 TRANSMIT 0 NG 00'00 0 #018 .05/15 15:30 4412 MANUAL TX ECM OK 00'23 .05/15 15:59 6315378842 8760 AUTO RX ECS OK 01'04 .05/15 16:03 5376842 4413 TRANSMIT ECM 3 OK 03'48 .05/15 16:35 6536229 4414 TRANSMIT ECM 2 OK 00'45 .05/15 16:37 6536229 4415 TRANSMIT ECM 1 OK 00'38 .05/15 16:40 8761 AUTO RX G3 0 NG 00'45 0 #005 .05/15 17:01 5377188 4416 TRANSMIT ECM 2 OK 00'21 .05/16 09:48 19103476355 4417 TRANSMIT ECM 1 OK 00'31 .05/16 10:54 1212339562~ 4418 TRANSMIT ECM 4 OK 00'31 .05/16 11:18 6317223360 8762 AUTO RX G3 1 OK 00'42 .05/16 11:58 931 287 5723 876; AUTO RX ECM I'0K 00'23 .05/16 12:01 631 287 5723 876~ AUTO RX ECM 1 OK 00'26 .05/16 12:17 516 741 642~ 876~ AUTO RX ECM 2 OK 01'22 .05/16 13:10 2875723 4419 TRANSMIT ECM 2 OK 00'25 .05/16 13:15 7223390 4420 TRANSMIT 0 NG 00'00 0 #018 .05/16 13:35 6317223390 4421 MANUAL TX G3 2 OK 01'16 .05/16 14:40 7223390 4421 TRANSMIT G3 1 OK 00'44 .05/16 15:09 7261478 4423 TRANSMIT ECM 3 OK 00'29 05/16 16:00 011441312263936 4424~TRANSMIT ECM 6 OK 01'26 1319 North Sea Road Southampton, NY 11968 Phone: (631) 283-6360 Fax: (631) 283-6136 En-Cons,dtants, Inc. To: OFFICE OF TAX ASSESSOR From: LINDA NAPPI Fax: 631-765-1356 Pages: 1 (INCLUDING COVER) Phone: 631-765-1937 Date: 5/6/2008 Re: BERKOWITZ CC: · Comments: I HAVE REVIEWED THE TAX MAP AND OWNERS WITH SUFFOLK COUNTY REAL PROPERTY AND PROVIDE THE FOLLOWING LISTING. AT YOUR CONVENIENCE, COULD YOU PLEASE VERIFY THE NAMES AND ADDRESSES. IF ANY ARE INCORRECT, PLEASE PLACE A LINE THROUGH AND PROVIDE CORRECT INFORMATION. THANK YOU IN ADVANCE FOR YOUR ATTENTION TO THIS MATTER. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Iooo- 70- ~: Address: Name: JAMES TAYLOR & MATTHEW WERNER '':¢ 2 ! 3445 PINE NECK ROAD SOUTHOLD, NY 11971 ALAN & LINDA BAIN 15 WEST 72ND STREET, APT, 17E NEW YORK, NY 10023 BKEESE PROPERTY TRUST 7701 SE 58TH STREET MERCER ISLAND, WA 98040 JAN & CHARLOTTE JUNGBLU"I' ' ;;~ PO BOX 489 SOUTHOLD, NY 11971 · Complete items 1, 2, and 3. Also COmplete /tern 4 if Restricted Delivery Is desired. · . Pnnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front/f space permits. 1. Article Add~ to: 2. Article Number A. Signature X ["1 Agent B. ReceJved by ( Printed Name) C. Dateof DeJl~ D. Isdeik~yaddmssd~ferentftom~teml? [~Yes If YES. enter delivery address below: I-I No JAN & cHARLOTTE J I:;~:;'~.~'k:t.,,.r. !....)..o: sOUTHOLD, NY 11971 (Endorsement Required) g~U~'t:~-7701 SE 58*" ST~ET or ~ Box N* 040  MERCER ISLAm, WA 98 Sent To [}o~:~:~ 3445 PINE NECK RD '"'] ~ ~7OLD, NY 119~ Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Deliver/Fee (Endorsement Required) Total Postar 2008 ~ Ise'tr° ALAN & LINDA BAIN D [~ir~'W.~,'C~: 15 WEST 72N° ST, APT 17E ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of Daniel & Pasqualina Berkowitz (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 70 - 6 23 COUNTY OF SUFFOLK) STATE OF NEW YORK) AJ~FIDAVIT OF SIGN POSTING I, Robert E. Herrmann r~Rgat 1319 North Sea Road Southampton , New York, being duly sworn, depose and say that: On the 14 .day of May ,2~008 , I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from tbe street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby cmuqnn that the Poster has remah~ed in place for seven days prior to t~'~t date of the subject hear/ng date' which l~ear/ng date was sb°wn t° be 4xlay ?9, 200.8 _ "° (Sigrmture) Sworn to before me th/s day of ~ ,200~ *near the eutrance or driveway entrance of my property, as the area most visible to passersby. · Complete Rems 1, 2, and 3. Also Complete item 4 if Restricted Delivery is desired, · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplec~ or on the front if space permits. 1. Article Addressed to: [] Agent [] Addressee BREESE PROPERTY TRUST 7701 SE 58TM STREET MERCER ISLAND, WA 98040 D. Is deliver, address different fr 11' If YES, enter deliveq [] No 4. Restricted Deliver,j? (Extra Fee) r-i Express Mail [] Return Receipt for Memhandlse [] C.O.D. 2. Artiaie Number [] Yes _ 0'ransfer,~,,~at,e0_ 7008 0151 0002 6146 6381 PS Form 3811, February 2004 C,~-,.~, ~um Rec~t ~ ~o~1~ · Complete items 1, 2, and 3. Also compJete item 4 if Restrict~d Delivery Is desired. · Pitnt your name and address on the reveres so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. A~cle Addressed to: JAN & CHARLOTTE JUNGBLUT PO BOX 489 SOUTHOLD, NY 11971 2. Artlcte Number F'I Agent [] Registered [] Return R [] Insured Mail r-i C.O.D, 4. Restricted Delivery? (Extra F~e) r-I Yes (r~sf~f~om~) ~70__.0_8 0150 0002 6146 6404 ~PS ~=~orm 3811, February 2004 Domeedc~ · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the mveme so that we can return the card to you. · Attach thie, dtl~G~0 the back of the mailpiece, or on the fro~'~aCe permits 1. Article Addressed to: Name) D. Is deliver, address different from item 1 If YES, enter delivery address below: [] Addressee [] No JAMES TAYLOR, MATTHEW WERNER, WM S GIECKEL 3445 PINE NECK RD SOUTHJOLD, NY 11971 [] Registered [] Insumd Mail 2. Article Number (Transfa' from ~rvice/abe0 PS Form 3811. February 2004 [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Dai~very? (Extra F~e) [] Yes 7006 0150 0002 6146 6411 Domestic R~urn Receipt ~ 102595*O2-M-1~MO NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME BERKOWITZ, D. & P. #6165 MAP # 70-6-23 VARIANCE Bulkhead Setbacks REQUEST Pool and rear porch DATE: THURS, May 29, 2008, 10:55 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 I~iONING BOARD OF APPEALS i~ MAILING ADDRESS and F~L"ACE OF HEARINGS: 53095 Main F~ad, Town P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 Hall Building, LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htlp ://southtown.northfork,net May 27,2008 Re: Town Code Chapter 55 - Public Notices for Thursday, June 26, 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 June 5th: 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_j~ 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 mailinq 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 statement, or during the hearin.q, providin.q the returned letter to us as soon as possible; AND not later than June 9th: 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 June 16th: 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 June 26, 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. 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.no~hfork.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_JI 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 mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or during the hearing, providinq the returned letter to us as soon as possible; AND not later than May '13th: Please either mail or deliver to our office your Aff dav t of Mailing (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 Ends, aud at stal~ed ~ Figure 2. Looking north over staked locations o Ind masonry patio. Figure 3, Figure. west fram side yard at location of existing ~nd proposed screened porch~ ,,/"~"~ APPEALS BOARD MEM rar, P. Ooehr nger, ,::hairm ,. u h .O,iv James Dinizio, Jr. Michael A. Simon Lcslie Kancs Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Noah Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 June 10,2008 Mr. Mark Terry, LWRP Coordinator LWRP (Planning Board) Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA ~v~i6t- D. and P. Berkowitz (Jockey Creek) D M ear r. erry: We have received an application for new construction as detailed on the enclosed map. A copy of the building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), Trustees' permit, LWRP letter to Trustees, and Legal Notice, are attached for your reference. May we ask for your written evaluation under the LWRP Chapter with recommendations for this proposal (before June 13, 2008). Thank you. Very truly yours, Gerard P. Goehringer, Chairman By: Encls. 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 USPS Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 April 29, 2008 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA File Ref. No. 6165 (Berkowitz) Gentlemen: We have received an application for a project adjacent to Jockey Creek in Southold, NY, and shown on the enclosed site map. The hearing on this application is expected to be held in approximately 6 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Gerard P. Goehringer Encls. 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 29, 2008 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6165 Action Requested: Within 500 feet of: Owner/Applicant: Berkowitz Bulkhead ( ) 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 B y ~"/-~, ~Z~_ ~~ // Q_ffice Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Sonthold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (.press 1 at voice recording) REFERENCE:: [] URGENT [] FOR YOUR UPDAT}(%~]-4'LEASE C~ML',E';,'*f [] AS REQUESTED [] , HOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: _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 Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET Date; Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: []URGENT [] FOR YOUR UPDATE ~PLI~ASE COMI~IENT []AS REQUESTED [] ........ NOTES/COMMENTS: Please lind attached copy/copies of the following:. Thank you. Sender's Initials: ~_ 06/03/2008 10:15 FAX 631283613 EN-CONSULTANTS,INC. ~001 1319 North ~ea Road Southampton, NY 11968 Phone: (631) 283~6360 Fax~. (631) 283-6136 www.enoonsultants.com G. Goehringer c/o Unda Kowalski Fm~m R0b Herrmann 765-9064 Page~ -'1. 765-1809 ~ June 3, 2008 Bed(owtiz, 6165 CC~ ~¥~ JUN - 3 L~08 BOARD O,F APPEALS · ~ I.in~a: As discussed last week, following herewith is a ~ to tt~e Board concerning mplacernent of the existing dec~ adjacent to the pr~x~ad porch addition. I will forward the o~ginel plus (6) hard cop~es of ~ letter via mail. Please call if you neecl anything further, and the~k you in advance for your attention to this. Rdo Robert E. He.'u~arm Coastal Mm~agem~mt SpeO~i-t ~su].ta.rtts, ~c. ~: ~1-~ F~: 651-~1~ ~: rher~,a~s~.cm _Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork,net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: REFERENCE:: NOTES/COMMENTS: Please find attached copy/copies of the following: Tha~zk you. Sender's Initials: Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET To.' COMPANY: From: Zoning Board of Appeals Date: T PAGES INCLUDING COVER: SENDER'S TELEPHONE HUMBER: 765-1809 (press 1 at voice recording) [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: Please find attached copy/copies of the following: ( 0 80 Thank you. Sender's Initials: 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 USPS Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET COMPANY: Re,' From: Zoning Board of Appeals Date: ~/~/~_~ TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE: ~OR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sendegs Initials: /~-- S 80.57,$9,, ,.~__~ 49.73' .z'm/ ~,:L/-~/-~ x~ L.-- pROPOSED ~tON-TURF BUFFER x-[2..~ sET ~ROPOSED TEMPORARY PROJECT-DM)TING FENCE & ROW OF STAKED HAYBALES LATH --12 --14 / S~ 27.6' ..LZJ ~00 y FRAME HOUSE 1 sTO~_ ,,,,TH DORMERS & GARAGE / G.FL. ~ OiL FILL CAP-~ ~/o/~ ~TAYLO~ FERNER ~ 30.g 4' N/O/~ ALAN I, BAIN LINDA ~ffILLER BAF jOCKEY S 80*5 49.75 ' CREEK S 85'40'00" PROyJDE (2) 8' dim. X 6' high STORM DRAIN pOOLS SURVEY OF PROPERTY SITUATED At SOUTHOLD TOWN OF SOUTHOLD SUFFOLK OOUNTY, NEW YORK S.C. TAX No. 1000-70-06-23 SCALE 1"=20'! MARCH 12, 2007 JUNE 15, 2007 PROPOSED POOL SEPTEMBER 18. 2007 ADDED FLAGGED WETLAND LiNE OCTOBER 30, 2007 ADDED PROP. PORCH & STEPS DECEMBER 14. 2007 REVISED NON--TURF BUFFER AREA = 28,194.10 sql ff. (TO TJ~ UNE) 0.647 ac. J x~ --12 x~ --22 20' NOTES: 1. ELEVATIONS ARE REFERENCED TO N,G.V,D, 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~ EXISTING CONTOUR LINES ARE SHOWN THUS: -- -- 2. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP NO. 56105C0166 D ZONE AR: BASE FLOOD ELEVATIONS DETERMFNED ZONE X: AREAS DETERMINED TO BE OUTSIDE 50B-YEAR FLOODPLAIN. CERTIFIED TO: DANIEL BERKOWITZ PASQUALINA BERKOWITZ PECONIC ABSTRACT INC. FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YOR~ CK gOaD No. 50467 Nathan Tar' Corwin III Land Surveyor PHONE (651)727-2090 Fox (631)727-1727