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HomeMy WebLinkAbout6261 Office Location: Town Annex/First Floor, Capital One 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 SOUTItOLD PT E. CEIyED 2 7 2009 Tel. (631) 765-1809 Fax (631) 765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF APRIL 14, 2009 ZBA FILE # 6261 - BRIAN FRAWLEY, APPLICANT PROPERTY LOCATION: 4545 Hallock Lane, Mattituck CTM 1000-112-1-2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 2, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a 51,977 square foot parcel measuring 75.99 feet along the Long Island Sound on the north, 699.22 feet on the east, 75.00 feet on the south, and 686.83 feet on the west. This lot is improved with a single family dwelling as shown by a March 6, 2007survey prepared by John Minto, L.S. BASIS OF APPLICATION: Request for Variances based on the Building Inspector's November 3, 2008 Notice of Disapproval and Zoning Code Interpretation # 5039 (R. Walz Application), citing Code Sections 280-112 and 280-124 for the minimum required side yard setbacks on nonconforming lots (51,955 square feet in this R-80 Zone). The applicant is proposing a new dwelling at less than 20 feet on a single side yard and less than 40 feet for total side yards. LWRP DETERMINATION: The proposed construction is found to be consistent with LWRP standards in Chapter 268. I~age 2 - April 14, 2009 ZBA File # 6261 - Brian Frawley CTM 112-1-2 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 19, 2009 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant requests a variance to allow an decrease in one single side yard setback to 12.5 feet and total side yard setback to 27.5 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law Section 267-b(3)(b)(1}. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The side yard setbacks for the new dwelling will be no greater than those of the existing house that is to be demolished. 2. Town Law Section 267-b(3)(b)(2). The benefit of replacing the existing house with a larger but narrower one cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The lot is 75 feet wide, and the proposed house will be 44.5 feet wide. 3. Town Law Section 267-b(3)(b}(3). The proposed variance is not substantial, when compared with the structure being replaced. A 25 % reduction in the code-required total side yard setback is being sought, resulting in a greater setback than currently exists. 4. Town Law Section 267-b(3){b)(5). The difficulty has not been self created. It is a consequence of the shape of the lot whose 75-foot width is greatly exceeded by its nearly 700 foot depth. 5. Town Law Section 267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of this new construction, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, a motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the elevation diagram prepared August Page 3 -April 14, 2009 ZBA File # 6261 - Brian Frawley CTM 112-1-2 30, 2008 by Frederick Weber, Architect, and on the 9-26-08 plot survey prepared by JM Land Surveying, subiect to the following conditions and in accordance with 3-19-2009 letter of recommendations of the Suffolk County Soil and Water Conservation District: 1. Construction equipment shall be kept as far away from the bluff as possible, 2. Temporary structures such as straw bales and silt fences shall be installed north and west of the construction areas, and 3. The new residence shall be fitted with gutters and downspouts that outlet into dry wells. 4. No debris of any type shall be disposed of on or near the face of the bluff. That the above 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 degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chairman), Oliva, Simon, Weisman, and Schneider. This Resolution was duly ~~//~/~. ~/R~RD P. GOEHRI~IGE ~I~CHAIRMAN ~4/7~/ /2009 Approved for Filing RECEIVED APR 2 7 200g Southold Town Clerk ELIZABETH A. NEVHJ.F,, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville December 10, 2008 Zoning Appeal No. 6261 Transmitted herewith is Zoning Appeals No. 6261 of Frederick Weber for Brian Frawley - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, Transactional Disclosure Form, Cover Letter from Frederick Robert Weber, Architect Listing Items Sent Dated November 26 2008, I Page of Photos Showing Existing Construction & Stakes for New Construction, Notice of Disapproval fi.om Building Department Dated November 3, 2008, Copy of Application for Building Department Dated October 27, 2008, Authorization Letter fi.om Brian T. Frawley to Frederick R. Weber to Represent him in this Matter, 1 Page (Both Sides) Copy of Property Record Card, 1 Page Architectural Drawings of Proposed House Dated August 30, 2008 Prepared by Frederick Weber, Architect, Survey Showing Existing & Proposed Construction Dated March 6, 2007 Prepared by John Minto, L.S., 2 Pages of Architectural Plans Showing Floor Plans Dated August 30, 2008 Prepared by Frederick R. Weber, Amhitect, Site Plan of Proposed Construction Dated August 30, 2008 Prepared by Frederick R. Weber, Architect APPLICATION TO tiE SOUTHOLD TOWN ZONING lr ~RD OF APPEALS For Office Use Only ~-':c ,~ ' ?:' c; Fee: $ ~0~'Filed By: Date Assigned/Assignment No. h=;,~ '.~:~ '~' ~:= Office Notes: D CC 2 20C Parcel Location: House No.~q'~Street ~/~k,a,(.~ [../~.. I~I~L~'I~_'~2~J ..ql Bll g.~. SCTM 1000 Section~lQ- BlockOI Lot(s). or~ Lot Size(lA~ ~rl~)Zone District I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR Applicant/Owner(s): ~1~ ~'~1 ~.1L~ Marling Address: NOTE: If applicant is not the owner, state below if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: DZ~W.A~ ~:=,~O,, Address: ~ ~. },'NA~,Lt~ [~:~/'q2>.~ ~al~,~lqL./~J~J~,3) ~.~. Telephone: (~*[~ "l~'d¢- I~ ~'~ Fax: Please specify who you wish correspondence to be mailed to, from the above listed names: 13 Applicant/Owner(s) ~uthorized Representative [3 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ~lO~/. 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 ~,.~?'V~T~ Section~l~-tL~ Subsection ~q.q. ~ ~. Type of Appeal. An Appeal is made for: ~ Variance to the Zoning Code or ZoninE Map. [3 A Variance due to lack of access required by New York Town Law-Section 280-A. LI Interpretation of the Town Code, Article Section [3 Reversal or Other A prior appeal [] has)~,has not been made with respect to this property UNDER Appeal No. Year__ (for current and all prior owners ). 5O SURVEY OF PROPERTY MAUITUCg Town of Southold Suffolk County, N.Y. S.C.T.M. # 1000-112-01-02 Scole 1"= 50' Morch 6, 2007 GRAPHIC SCALE 0 25 50 1OO 200 ( IN FEET ) i men = 50 fL. FINAL MAP ', REVIEWED BY SEE DECISION #~ab~'n.~.n-- 5f, 977 $.F. L ~ - ' ~d~° ~ THE EXJSTENCE OF RIGHTS OF WAY AND OR/EASEMENTS OF' RECORD IF ANY, NOT SHOWN ARE NOT GUARANTEED. Note: ALL SUBSURFACE STRUCTURES; WATER SUPPLY, SANITARY SYBTEMS, )RAINAGE, DRYWELLS AND UTILITIES, ;HOWN ARE FROM FIELD OBSERVATIONS AND OR DATA OBTAINED FROM OTHERS UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS pREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND ENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI TUTION GUARANTEES ARE NOT TRANSFERABLE. PM c~o ri~r ~C09-26-08 JM OR,~NS NO 081360-08 LAND SURVEYING/ SUBDIVISIONS TITLE & MORTGAGE SURVEYS TOPOGRAPHIC SURVEYS LAND pLANNERS JOHN MINTO, L.$. PHONE: (631) 724-4832 93 SMITHTOWN BOULEVARD SMITHTO~FN, N. Y. 1 1 787 Certified to: BRIAN T. FRAWLEY STEWART TITLE INSURANCE CO~?ANY SOUND AVT:NU~ TO: FORM NO. 3 NOTICE OF DISAPPROVAL Brian T. Frawley C/O Frederick R. Weber, Arch. 41 East Maple Rd. Greenlawn, NY 11740 DEC 2 , DATE: Nov~nber 3; 2008 .: · ~ Please take notice that your application dated October 27, 2008 For permit to demolish existing single family dwelling and construct a new dwelling at: Location of property: 4545 Hallock Lane Mattituck, NY CountyTax MapNo. 1000~ Section 112 Block I Lot2 Is returned herewith and disapproved on the following grounds: The proposed demolition of and construction of a single family dwelling, on a non- conforming 51,977 square foot lot in the Residential R-80 District is not permitted pursuant to Article XXIII Section 280-122, which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree &non-conformance with regard to the regulations pertaining to such buildings." The proposed sinole family dwellino notes a sinv_le side yard setback of 12 feet and a total side yard setback of 27.5 feet. Pursuant to the ZBA's interpretation in Walz (#5039), such construction will constitute an increase in the degree of non-conformance. Pursuant to Article XXIII Section 280-124, non-conforming lots, measuring between 40,000 and 59,999 square feet in total size, require a minimum single side yard setback of 20 feet and a total side yard setback of 40 feet. This Notice of Disapproval was written based on plans signed by Frederick R. Weber, Architect, dated Aug. 30, 2008. Authorized Signature Note to Applicant: Any changes or deviations in the above refereneexl application may require for review by the Town of Southold Building Depa~ tment. Cc: file, ZBA Parcel Location: House No.~c~Street .~1 ,°ri1 ~.~ SCTM 1000 Section~ Bloc~l Lot(s). I (V~E) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: b~t.n~i ~1~ for ~ '~. ~t~Ot~'~ Applicant/Owner(s): ~ I~ I ~'-'-'-'-'-'-'-'-'-~ d ~q[~ Mailing Address: I' a I .107 1'. A-p,r. tL , ,. '' tooo' NOTE: If appli~anl is not the owner, state below if applicant is owner's attorney, agent, architect, builder, eonlract vendee, etc. Author~ea Representative: ~~ ~~ h ~X~ Address: ~1 ~. ~ ~1G~~) ~. ~0 Telephone:~ Fax: ¢*~h ~ . t~ Please specify who you wish correspondence to be marled to, from the above listed names: E Applican~Owner(s) ~uthorized Representative E Other: WHE~BY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ~0~. ~ ~O~ FOR: t ~uilding Permit D Certificate of Occupancy ~ Pre-Certificate of Occupancy D Change of Use ~ Permfi 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 X,,~._'l'_'~T_ Section~,9~_/~:~O Subsection ~t~q.. ~ I.~ Type of Appeal. An Appeal is made for: ~ Variance to the Zoning Code orZoningMap. [] A Variance due to lack of access required by New York Town Law-Section 280-A. L~ lnterpretadbn o~e Towh Code, Articl~ Section ..... [] Reversal or Other A prior appeal {3 has~,has not been made with respect to this property UNDER Appeal No. Year (for current and all prior owners ). REASONS FOR APPEAL (additional sheets maF be used with applicant s signature): (1) An undesirable change will not be produced in the CHARACTER of the tieiglrborhnnd or a detriment to nearby properties if granted, because: There will not be an undesirable change in the Chara~er of ibc neighborhood, because thc existing vinyl-sided production style house will bc replaced with a new house constructed in a wood shingled/cottage style and an architectural design to enhance its appearance. Setbacks will remain the same or increase from the existing 2-story house which has stood on this site since 1990. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The existing house constructed on the property was not designed for the site or views and needs to be reconfigured. The construction should be upgraded to meet new building codes. The existing lot is large ( 1.19 acres) and quite deep (700'), but extremely narrow (75'). With the required combined sideyard setback of 40', the overall house width would be restricted to 35', limiting the views and adversely affecting the value &the house. (3) The amount of relief requested is not substantial because: The amount of sideyard relief requested is less than the existing house currently requires. The existing setback from the east property line is being maintained at 15.5'. The new footprint of any additional enclosed space is setback the required 20' from this east property line. The main body of the proposed house is setback 15' from the west property line (with small projection to a 12' setback). Both setback dimensions are greater than the current 9.6' sideyard setback. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Thc variance request will not adversely affect the neighborhood since an existing 2-story house has stood on this site since 1990. Houses along this Long Island Sound front are generally setback side by side so that no north water views are obstructed. Fences and landscape features are already~'~m p_lac_e to minimize impact. (5) Has the alleged difficulty been self-created? 0<},Yes, or {~INo. Does this variance involve as-built construction nr activity? ( ] Yes, or O~) No. The narrowness of the existing lot is the main difficulty which results in this variance request. (A house with less width could be designed, but this would greatly limit views.) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF ~4 USE VARI/tNCE IS BEING REQUESTED, AND PLEBE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sur~ consult your attorney.} Sworn,t,o before me this Iq 4La~ ofL~'/a 0 · 20d~3~. No~tary P~[bli¢ I~YU.I5 A. Quolifi~d in R~hmond Signature of Appellant (Agent must submit wrinen Authorization from Owner) APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) i Applicant:~ I. For Demolition of Existing Building Areas Please describe areas being removed: Date Prepared! II. New Co~tstruction Areas~r New Additions/Extensions): r>imensions of first floor extension: ~'4.n W~V~. ~ PK f'Uz, e.(~xti~3- lt}6o ~,~. ~,~,,~ ~'1 ~,~. Dimensions of new second floor: 4~'-C.'~ tO~_~. Dimensions of floor above second level: ~,.IP., Height (from finished ground to top of ridge): ~tL' ± Is basement or lowest floor area being constructed? If yes, please provide height (above ground)t measured from natural existing grade to first floor: ]~t~,~..~g~.. III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from Existing square footage of buildings on your property: Proposed increase of building co~ra~e: ~? Square footage of your lot: ~1~ ~ [ Percentage of coverage of your lot gy building ar;a: q,~ V. Purpose of New Construction Requested: VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the diffic_ulty in meeting the code requirement(s): 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; 1/200fk QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION the subject premtses listed on the real estate market fbr sale? Are there any proposals to change or alter land contom's? [3 Yes ~No 1) Are there any areas that contain wetland grasses? ~}~,~~~~ 2) Are the wetland areas shown on the map submitted with this applicatioh?' ' -- ~--- 3) Is the property bulkheaded between the wetlands area and the upland bt ding area9 · 4) if your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of y0ttr in..,.quiry or application wi.th the.~I'mstees: Is there a depression or sloping elevation near the area of' proposed construction at or below five feet above mean sea level? E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? Mt::> (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction talcing place at this hme concerning yom premises? ~[,O 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 th s parcel? ~ If 5'es, please label the proximity of your lands on your map with this application. H. Please list present ase or operations condncted at this parcel and proposed use (examples: existir, g: single-family; proposed: same with garage.) Authonzed Signature and Date 2/o5 Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSF~q,qMENT FOR~ 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfrom Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt action, including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard drea. 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 on)nosed action will be evaluated_ as to its .beneficial and adverse effects upon the coastal area (which includeq all of Southold Town). 3. 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 explnin~d in detail listing both supporting lind non ~. If an action ~ot be certified as consistent with the LWRP policy standards and conditions, it shall not be ulldertaken. A copy of the LWRP is available i~ the following places: online at the Town of Southold ' s wcbsite (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION scm# The Application has been submitted to (check appropriate response): TownBoard [--] Planning Board [--] Building Dept. [~ Board of Trustees ,~ Z.I~./'~.~. 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. 'capital [] construction, planning activity, agency regulation, land transaction) Co) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (c) Telephone number: Area Code (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes NoN yes, wUch teorfed agenGy? C. Evaluate the project to the following polleies by analyzing how the proj~t wffi 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 ]HI - Policies; Page 2 for evaluation criteria. [~].Yes F-] No [] Not Applicable PoH~ 2. Protect and p~e~e h~to~e and archaeolo~ r~oure~ of the Town of Southold. See L~ Section ~ - PoHci~ Pag~ 3 through 6 for ~uafion c~te~a ~ Y-- ~ No ~ Not App,.ble Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill- Policies Pages 6 through 7 for evaluation criteria ~ Yes ["-] No ~-] Not Applicable 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 HI - Policies Pages 8 through 16 for evaluation criteria [~ Yes ~ No ~'~ Not Applicable Attach additional sheets if ne~a~uy Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section HI - Policies Pages 16 through 21 for evaluation criteria Yes No otApplicahlc Attach additional sheets if ne;~y 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 HI- Policies; Pages 22 through 32 for evaluation criteria. ~Yes' No Not Applica~e Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section ~I - Policies Pages 32 through 34 for evaluation criteria. ~ Yes ~-~ No ~ Not Applicable Altach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section IH - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes ~ No [] 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 IH - Policies; Pages 38 through 46 for evaluation criteria. [~ YeJ---] No]~;~ Not Applicable Attach additional sheets if necessary ~ORKING COAST POLICIESI Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LV~RP Section IH- Policies; Pages 47 through 56 for evaluation criteria. ~ Yes ~-~ No ~ Not Applicable Attach additional sheets if nee~my Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section HI - Policies; Pages 57 through 62 for evaluation criteria. ~Yes [] No ~'~ Not Applieable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IH - Policies; Pages 62 through 65 for evaluation criteria. RYes [] No ~] Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LVV~P Section IH - Policies; Pages 65 through 68 for evaluation criteria. .~es ~ No ~ Not Applicable APPLICANT/AGENT/REPRF-~ENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics omhibits conflicts of interest on thc hart of town officers and emnlovnes. The not.nsc of this form is to orovide information which can alert the town of oossible conflicts of interest and allow it to take whatever action is (Last name, f~st name,~iddle initial, unless you am app ying in someone else or other ~ntRy. such as a company, lfsu, indicate thc other person's or company's name.) NAME OF APPLICATION: (Check all lhat apply.) Tax grievance Building Variance ~ Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If "Other'', name the activity.) Do you personally (or through your eorepany, spouse, sibling, parent, or chiid) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns moro than 5% of the shares. YES NO ~ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Socthold Title or position of that person Describe the relationship between yonrself (the applicant/agcnt/roprese nt ative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space prox~ided. The town officer or emplo3ee or his or her spouse, sibling, parent, o~ Child is (cheek all that apply): A) the owner ofgrester than 5% of the shares of the corporate stock of the applieont (when the applicant is a corporation); __B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I WEBER 52 NOYACK PATH, ~0 BOX B74l, WATI~ IvJ_l_, NEW YOI~ 11976 41 EAST MAPLE ROAD, C-T-T-T-T-T-T-T-T-T~R~AWN, ~ YORK, 11740 TEL 6~1,, 754-5555 FAX ~,1-~61--10~4 November 26, 2008 Zoning Board of Appeals Town of Southold PO Box 1179 Southold, NY 11971 Re: Mr. Brian Frawley 4545 Hallock Lane, Mattituck, NY SCTM# 1000-112-01-02 Zoning Board of Appeals, Attached please f'md (7) copies of an application for a Zoning Board Variance application for Brian Fmwley: 1- Notice of Disapproval from Building Departmem w/permit application, November 3, 2008 2- Variance Application w/property description questionnaire 3- Survey (John Minto- Surveyor) March 6, 2007, Revised September 26, 2008 4- Site plan, elevation sketches, and floor plans (Fred Weber- Architect) 5- Photos 6- Town property card 7- LWRP 8- Agent authorization letter 9- Application fee Please review and schedule a hearing date. Thank you. jjI~T,)WN OF SOUTHOLD ILDING DEPARTMENT OWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.netJSouthold/ PERMIT NO. Examined 20 __ Approved ,20 ~ ,~t:~ o~ ~-~ ] Disapproved a/c Expiration ,20__ BUILDINC~RMIT APPLICATION CHECKLIST Do~II have or need'the following, before apply/rig? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Marl tO: ~ Phone: Building Inspector ~l 0:~:: ~08]~j APPLICATION FOR BUILDING PERMIT Date ~b~J!,l~ tL'~ , 20~ a. ~is application ~ST be completely filled ~ by ~ewfiter or in i~ ~d sub~tted to the Buil~g ~spec~or wi~ 4 sets of pl~, adc~ate plot pl~ to sclc. Fee accor~g to sched~e. b. Plot pl~ show~g location of lot ~d of buil~gs on pr~ses, relafio~p to adj oi~g premises or public s~eets ~eas, ~d wate~ays. c. ~e work cov~ed by ~s application ~y not be comm~ced before iss~ce of Bufl~g P~t. d. Upon approv~ of~s application, ~e B~g ~pector will issue a B~ld~g P~t to ~e appHc~t. Such a shall be kept on ~e p~ses av~able for ~pecfion ~ou~out ~e wo~k. e. No buil~g s~H be occupied o~ ~ed ~ whole or ~ p~ for ~y p~ose what so ev~ ~tfl ~e Buil~g ~spe~or issues a Ce~ificate of Occup~cy. f. Eve~ b~g p~t sh~l exp~ if ~e work au~ofized h~ not commenced wi~ 12 mon~s a~er ~e date of issuance or has not b~ oompleted.wi~ 18 mon~s from such da~e. If no zo~g men~ents or o~er re~lations affect~g prope~ ~ve been ena~ed ~ ~e ~t~, the Buil~g ~spec[or may authorize, ~ wfit~g, ~e extension of~e pe~ for addition six mon~s. ~, a new pe~ sh~l be requffed. ~PLICATION IS ~BY ~ to the B~il~g Dep~ent for the issu~ce of a Build~g Pe~t p~su~t to the Bufl~g Zone Ore,ce of the To~ of Sou~ol~ Suffo~ Cowry, New Yor~ ~d o~er applicable Eaws, Ordin~ces or Re~lations, fo~ ~e const~ction of bufl~gs, ad~tio~, or alterations or for removal or d~olition as here~ described. ~e applic~t a~ees to comply with ~l applicable laws, ordin~ces, b~l~g code, hous~g code, ~d ~e~lations, ~d to a~t authorized ~spectors on pr~ses ~d in b~l~g for ne~ess~ insp~tions. (Signature of applicant or name, ifa corporation) OVIalling ad'dress of applicant) applicant is owner, lessee, agent,~gineer, general contractor, electrician, plumber or builder State whether Name of owner of premises ~3(~ D~ '1'- (As on the tax roll or latest deed) If applicant is a corporation; signature of duly authorized Officer Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street County Tax Map No. 1000 Section Subdivision (Name) Hamlet Block" ~[ Lot State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use an'd occupancy ~t~4&.l..~ ?,/,f~%L,~. D~LI..D4C~ b. Intended use and occupancy Nature of work (check which applicable): New Building. Repair Removal Demolition 4. Estimated Cost ~'[~ff~,'. Fee 5. If dwelling, number of dwelling un/ts If garage, number of cars Addition Alteration Other Work (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front z}q,°)t Rear ~.o)t _Depth Height Number of Stodes O- , Dimensions of same structure with alterations or additions: Front ,; Rear Depth Height Number of Stories' ~: i 8. Dimensions of entire ~ew construction: Front 4~t.-(~t Rear z~t_ (~ Deplti ' Height ~ " 9. Size of lot: Front ~ 10. Date of Purchase~}°q3~ {2-0/ 11. Zone or use district in which premises are situated Number of Stodes ,q. Rear '15' O..WO-] Name of Former Owner 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X NO__ 13. Will lot be re-graded? YES__ 14. Names of Owner ofpremisesl~taa4 t~A~0t~ Name of Architect [lva~ ~l~:l~,~ Name of Contractor 1~.16~. ¢o~-or~ao~,l NO ><.Will excess fill be removed from premises? YES__NO X Address NI.'~., I,,I.'1'. Address~Pholae No Address ~"q, ~ 9~,~ .... Phone No. ~GSt_h 'l~ -'~'Lt'l 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ><, NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is th/s property within 300 feet ora tidal wetland? * YES ~,. NO * IF YES, D.E.C. PER.MITS MAY BE REQUIRED. 16. Provide survey, to scaJ. e, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF 15~W YORK) s: ~q::~1.64~-. ~J I~ being duly swom, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contractor, Agent, Com. orate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this · ::::2-r-fi day~_~O 5'7-'- 200~ Notai~ Public VICKI TOTH Notep/Public, State of New York No. 01T06190696 Q.ual.ified in Suffolk County ,, uommlss~on Expires July 28. 20 t_.__~ ~, ~Signa~ur'e o f Applic~-'~F'~ WEBER 52 NOYACK PATH, ~0 BOX 1374}, WATE~ IVL.L, ~ YOI~ 11976 ~ 631 · 754-5555 41 EAST MAPLE ROAD, C~REEN~_AWN, ~ YORK, 11740 FAX 631-26H0~4 Town of Southold: Zoning Board of Appeals and Building Department Re: Proposed Residence, Brian T. Frawley 4545 Hallock Lane, Mattituck, Town of Southold, NY SCTM# 1000-112-01-02 Please be advised that I have authorized Frederick R. Weber, Architect to act as my agem in applying for certain approvals from the Town of Southold for this project. I request that all communications, correspondence, notices, approvals and calls be addressed directly to his office at 41 East Maple Road, Greenlawn, NY, 11740, phone (631) 754-5555, fax (631) 261-1084 Nalile: Signature: Dated: · lo.aa - 110 -I-~ TOWN OF SOUTHOLD RTY RECORD CARD OWNER RES. ' Too Z-~O0 NEW Farm Tillable 1 Tillable 2 Tillable 3 Woodland Swampland STREET S TOTAL FARM DATE I~oo )~ NORMAL BELOW Ac re Value Per Acre VILLAGE w ABOVE Value COMM. REMARKS DISTRICT SUB. ACREAGE TYPE OF BUILDING / fi.-, Brushland House Plot To~ ~,~ Extension /e ~ I · : ~t. Walls ]h~b dl~/~,l ~ Extension Fire Place / He~ ~ z ~ ~ ~-~ Porch Attic  Porch Rooms ]st Flor 3reezeway // / Patio Rooms 2nd Floor ~arage /~ ._ ~ /~o ~ ~ Driveway 112.-1-2 1/08 Foundation Basement FxteDsipR Extension Patio Porch Deck Breezewa Garage 7o 332_ Pool ~ 15 7 Ext. Walls Fire Place Dormer Driveway ¸CB CRAWL SLAB Bath Floors Interior Finish Heat 0 t~, %, Woodstove Attic Rooms 1st Floor Rooms 2nd Floor (~OLOR TRIM Dinette Kit. BR. Fin. B, TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE LAND IMP. ACR. REMARKS TYPE OF BLD. PROP, CLASS TOTAL DATE FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD lOeWI ..... ~UB. LOT TILLABLE WOODLAND MEADOWLANI HOUSE/LOT TOTAL te si Foundation Basement Ext. Walls CRAWl. SLAB Bath Floors Interior Finish TR ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville December 10, 2008 Zoning Appeal No. 6261 Transmitted herewith is Zoning Appeals No. 6261 of Frederick Weber for Brian Frawley - thc Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, Transactional Disclosure Form, Cover Letter from Frederick Robert Weber, Architect Listing Items Sent Dated November 26 2008, 1 Page of Photos Showing Existing Construction & Stakes for New Construction, Notice of Disapproval from Building Department Dated November 3, 2008, Copy of Application for Building Department Dated October 27, 2008, Authorization Letter from Brian T. Frawlcy to Frederick R. Weber to Represent him in this Matter, 1 Page (Both Sides) Copy of Property Record Card, 1 Page Architectural Drawings of Proposed House Dated August 30, 2008 Prepared by Frederick Weber, Architect, Survey Showing Existing & Proposed Construction Dated March 6, 2007 Prepared by John Minto, L.S., 2 Pages of Architectural Plans Showing Floor Plans Dated August 30, 2008 Prepared by Frederick R. Weber, Architect, Site Plan of Proposed Construction Dated August 30, 2008 Prepared by Frederick R. Weber, Architect ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12/4/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6261 FRAWLEY, Brian T. 610 $600.00 $ou~ha ~d Town CierK $600.00 By ~ Thank ou. 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 hnp://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ]Fax (631) 765-9064 December 8, 2008 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA File Ref. No. 6261 (Frawley) Dear Sir or Madam: We have received an application for a project adjacent to Long Island Sound in 01tcth'~_r, 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 Chairman Encls. Office Location: · Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin~ Address: 53095 Main Road P.O. Box 1179 Southold, NY 119714)959 hUp://southo Idtown.nm~hfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET Dat~: F~x # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHOHE HUMBER: 765-1809 (p~ess I at voice recoil;rig) REFERENCE:: URGENT ~FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: Please find attached copy/copies of the following:. Thank you. SendePs Initial?: ~ P~GE 82111 7t4 (6~1) 727-231S x3 Ma~ch 19,2009 Chairman Gerard Goehringer Board of Appeals, Town of Southold P,O. Box 1179 Southold, New York 11971-0959 RE: ZBA File REF. No 6261 0Frawley) Dear Chairman Goehringcr: As requested, a site review was conducted at 4545 Hallock Lane in Mattituck on March 18, 2009. The site was ~valuated for potential natural remurce concerns rcgarding the demolition of an existing home and deck and thc subscquent construction of a new dwelling, porch, teo'ace, detached garage, md a pool. The property is located on an eroding bluff on Long Island Sound. The rear yard is in dense grass cover. There is a gentle slope from the house towards the bluff edge and also towards thc neighboring property to the west. There was no access to thc bottom of the bluff. Howler, it was observ~l from the top of the bluffthat storm tides reach the toe of thc bluff and there is some active erosion on the bluff face. Extreme car~ must be taken during demolition and construction to protect the bluff. Construction equipment must keep as far away from the bluff as possible. Debris of any type must never be disposed of on thc bluff face. Runoff should not be allowed to flow over the bluff edge and down thc bluff face. It is advised to install temporary structures such as straw bales and silt fences to reduce runoff velocity and trap sediment. These practices should be installed uorth and west of the construction are~ Sec the attached York Standards and Specifications for Sediment and Erosion Control for thc proper installation of these practices. Additionally, see the attached document "Stabilization of Eroding Bluffs" for furthcr recommendations on restoring the bluff. Lastly, tho new residence should be fittcd with gutters and downspouts that outlet into clty wells. This will decrease thc volume of runoff on thc propcrty. Provisions must also be made for draining the pool; thc drain wat~ must ncver be allowed to flow towards the bluff. The sitc must be re-seeded a~ffer and poss~ly during consmaction to maintain grass cover on the lawn. Annual rye grass is recommended for quick temporary cover during construction while a rye and rescue blend is rec ~ommended after construction. If you require further assistance in this matter please don~t hesitate to let mc know. 423 GRIPFING AVEN%I~ SUITE bi0 RIVEP,~EA~, N~ 11901 0~/19/2000 11:33 6317273160 USDA NRCS PAGE 83/11 STANDARD AND SPECIFICATIONS FOR STRAW BALE DIKE 2. There is no concentration of watar/~ a channel or atbe~ drainage way aboye the ban/er, 3. En~ion would occur in thc form of d~et erosi~, 4. Length o£slope above die se'aw bale dike does not exceed thesc l/m/ts. Coosiructed Pereem Slope Length · St? S~ope (~.) 2:1 50 25 3:1 33 50 4:1 25 75 Definition A temporary ban-ier of straw, or similar material, used to intercept sediment laden runoff f~om small drainage areas of disterbecl soil. Puroose The purpose ora bale dLkc is to reduce runoff velocity and effect &qmsitien of the transported sediment load. Straw bale dikes have a~ estimated design fife of three (3) months. Conditions ..W_h.e.r_e_Praetice Aonlies T~e straw bale d~e is used where: I. No other pracgce is feasible. Where slope gradle~t ch~ngna through the dra~agn area, steepness ~fers to the straw bale The pra0ticc may dso be used for a single fi,m;ly lot if the s]o~ is [e~ ~ 15 percent. Thc ~tn'ent~ dr~a~e arees in t~s instance shall be less then one acre and the length of slope above the di~e shall be less that 200 feet. Desien Criteria The above table is adequate, in gnneral, for a one-inch rainfall event. Larger stonm could cause failure of this practice. Use of this prac~cc ~u sensitive areas for longer then one montlb sbonld be specifically designed to store expected runoff. AH bales shall be placed aa the contour with cut edge of hula adhering to the ground. See Figure ?A.7 on page ?A. 18 or details. Ma~h 2003 Page 7A, 17 New York Sta~dar~ and Sp~ifi¢aliom For .Brosio~ and Sediment Control 03/19/2009 11:33 6317273160 USDA NRCS PAGE 04/11 Figure 7A.7 Straw Bale Dike SYMBDL FLOW,, · ~ 4' VERTICAL FACE '" DRAINAGE AREA ND HDR£ ~HAN 1/4 ACI~ PER 100 FEET OF STRAW BALE ~IKE FOR SLOPES LESS THAN ANGLE FIRST STAKE ~~DNCDNTDUR. ~ DR E'X2' STAKES PLACED NDT TD SCALE CDNSTR UCTION SPECIFICATIDNS 1. ~ALES SHALL BE PLAgE~ AT T~ TDE ~ A SLO~ OR ON THE CONTOUR AND ROW WITH ~NDS TIGHTLY ~BUTT]NG THE A~JACENT J~LES. ~. ~ACH BALE ~HALL BE [~BE~DE~ IN THE SOIL A HININUN ~F (4> INCHES, AN~ PLACED SD T~ BIN~I~S A~ HORIZONT~. 3. ~ALE~ SHA~L ~E SECURELY ANCHDRE~ IN PLACe' 9Y EITHER TWO STAKES R~-~AR~ ~R]VEN THROUGH THE BA~E. TH~ FIRST $T~K~ IN EACH ~AL~ SHALL BE ~R]V[N T~WAR~ THE PREVIOUSLY LAI~ BALE AT AN ANGLE T~ FORCE THE BAL~S TOGETHER. ST~K[S SH~LL ~ ~R]VEN FLUSH WITH TH~ BALE. 4. INSPECTION SHALL BE ~R[QU~NT AN~ REPAIR REPLAC~NENT ~HALL PRONTLY A~ NEEDED. 5. ~ALES SHALL ~ REHOV~ WHEN THeY HAVE SERVE~ THEIR USEFULLNES~ A~ NOT TO ~K OR IHPE~ STDRH FL~V OR DRAINAGe. NEW YORK ~T~T~ D~PARTM~NT DF ~NVIRDNM~NT~L NE~ Y~K STATE SOIL & VAT[R CDNS/RVATIDN CDMHIT~E DIKE New York Sts/~dards and Spedfications Page 7A. 18 Msrch 2008 For Erosion aad Sedim~t Control 03/19/2009 11:33 631727315~ USDA NROS PAGE 05/11 STANDARD AND SPECIFICATIONS FOR SILT FENCE Definition A t~mpprary barrier of geotextiie thhric (filter cloth) used to intertwist sediment latins mnofffrom stoall drainage ar~a* of dlstuxbed soil. 2. Me~imum drainage ares for overland flow to a silt fence shall not ~xceed ~A ac'ye vet ] 00 fant~f fence: Erosion would occu~ in the form of ~heet erosion; ~d 4. The~'~ is no conc.~mtr~tion ofwat~' flowing to the Desien Criteria Design compumtiom m'e not required. All silt fimcez ~mll be placed m close to the ar~s as po~s~le, but at lo.st 10 feet from O~e toe ora sio~ to allow Mr maiutanznec md roll down. ~'ne ~ bey~d the fence must be uudistm'oed or stabilized. A ~ of the ~ilt fane~ ~hall bc ~hown on the plzn ~d contain the following minimum ~quirement~: ~u, rDose Th~ purlm~e cfa silt fence is to reduce runoffvelocity and effect deposition of transpprXed sediment load. Limi~ imposed by nitr~violea stabili~ oD, be thbric will dictate the maximum ~od thc slit fence toay bc used (approximately one Y~O. Conditions Where Practice Aonlie~ A silt femce may be used subject to thc following conditions: 1. M~ximum allowable slopc lengths contribu6ng ~moffto a silt fence placed on a slope ~re: 1. The type, size, and spzning of fence poz~. 2. 'l'ne s~e of woven wire support fences. 3, The type of filter cloth used. 4, Tl~e m~lod of e.uchoring ~e fill~'r cJoth~ 5. The to~thod of f~tenin~ the fllt~ cloth to the fencing support Sensitive areas tO be prote~ted by si1! fanc~ may need to I~ r~inforced by uslug besvy wirc f~ncing for added ~upport to prewat collq~se. W~e~e ends of filtgr cloth come together, they sl~ll be overlapl~d, folded mad stapled to pl-evetlt sediment bypass. Sec Figure ?A.$ en page 7A.21 for detsils. Criteria for Silt Fence Materials Slope Maximum Steeoness Le~eth (~.'~ 2:1 25 3:1 50 4:1 75 5:1 or flalter 100 L Silt Fence Fabric: The f~br~e shall to~t thc following ~p~cifieagiom (taMe on following pa~e) uale-~ othorwiso alpptovcd by the aFprop~iate e~osiou ~d sediment control plau approval authority. Such approval shall not constleate stat~wide acceptaucc. Statev,,ide acceptability shaJl depend on in-field and/or leboratoxy cbscfvelions and cvalualious. March 2003 page 7A, 19 New York Standards and Specifica6ons For Erosion aud Sediment Coutml 83/19/2889 11:33 $3i7273160 USDA NRCS PAGE 06/11 A¢cep~ble I~abric Proue~es Value Test Method ASTM D1682 Elo~ga~on at Failor¢ (%) $0 Mull~ Burst Strength (PS~) 190 ASTlVl D1682 ASTM DI786 l'~ctu~ Str~sth Ohs) 40 $]m'~ Flow (S~'mi~sO 0.3 ASTM D751 F_.quivalent Opening Size 40-80 US Std Sieve CW-022i ~ l.l]travio[et R~diet/on Su0~iliuy (%) 90 ASTM 0-26 2. F~c~ Po~ts (for fabricated tmi~s): The leagth shall bca mi~;mum o£36 inches 1~. WoM p~ ~ ~ ofs~d qu~i~ h~ wi~ a min~ ~ss S~fi~al a~ ~3.0 squ~ ~s. Ste~ ~ ~ll'~ s~ T ~d U s~on w~g u~ l~s ~ 1.00 po~d p~ l~e~ foot. 3. Witz F~u;e (for fabricated units): Wire fe~cin~ shall be a minimum 14-I/2 gage with a maximum 6 in. mesh opening, or as ayF~ vv~d 4. Prefabricated U~aits: Eavirof~ace, or approved eqtud, may bo used ia lieu of the above method providing the trait is [ustalled per details shown in Fixture 7A.8. New York Standards and Sl~eiflcat/cus Page 7A.20 March 2003 FOr Erosion and Sediment Con/roi 03/19/2009 11:33 6317:73168 USDA NRCS PAGE 07/11 Figure 7A.8 Silt Fence VDVEN VI;~ FENCE SYMBOL V/ MA)L 6· MESH 10' ~X. :. TO C. SPACING) ~ 36* MIN. LENGTH FENCE 36' MIN. FENCE POST ,,.% SPACING) WITH FILTER CLOTH ~0'HIN, FLOW COHPACTED SOIL EMBED FILTER CLOTH ~-- 16'MIN, CDNgTEUCT,,[DN L ~EVEN ~RE FENCE TO ~E FASTENE~ SECURELY TO FENCE POSTS ~[TH OR STAPLES. POSTS SHALL ~E STEEL EITHER 'T' OR 'U* TYPE DR HARD.DOD. E, FILTER CLOTH TO ~E TD BE FASTE~= SECURELY TD VDVEN FENCE V[TH T[E~ SPACED EVERY ~4' AT TOP AND H~O SECTION. FENCE SHALL BE VDVEN V[RE, 1~ [/E GAUGE, 6' HAXZHUH HESH OPENING. 3. VHEN TVO SECTIONS DF F~LTER CLgTH ADJD]N EACH OTHER THEY SHALL ~E ~VER- LAPPED ~Y S~X ~NCHES AND FDLOE~. F~LTER CLOTH SHALL BE E~THER F~LTER X, H[RAF[ IOOX, STA~[L[NKA Ti40N, OR APPRBVED EQUIVALENT. 4. pREFASR~CATED UNITS SHALL ~E GEgFAg, ENV]RDFENCE, DR APPRDVE~ EQUIVALENT. 5. NA~NTENANCE SHALL ~E PERFDEME~ AS NEEDE9 AND NATER~AL REHDVE9 VHEN 'gULGES' DE'LOP [N THE S]LT FENCE. U,S, ~EPAeTHENT Or NATURAL RESOURCES CONSERVATION SERVICE SILT FENCE ~W YD~ ~TAT~ ~PARY~NT ~ ~NVIRD~N~AL CDN~VAT~DN ~W Y~ ~TAT~ ~flIL & ~ATER CONSERVATION Cfl~ITTEE March 2003 p~,e 7A.21 New York Standar~ and Spedficatilms ]For Erosion and Sediment Control 03/1S7200S 11:33 6317273160 USDA NRCS PAGE 08/11 NRCS United States Depa~:iment of Agriculture Natural Resources Conservation Service Suffolk Connty Soll & Water Conservation DIstrict STABILIZATION OF ERODI~, ,G BLUFFS L The coastal shoreline is affected by many different forces and is expos~:l to many harsh conditions. A rosult of these for~e~ and conditions is e~'osion. Bluff erosion is a ns_rural process that can be slowed but not stopped. The only prediction that can be made is that bluff erosion will occur; the timing and degree of the erosion cannot. Areas along the constl~ne may experience accelerated rates of erosion due to factors such as winter storms and ex~,=i,,e high tides. In these instances, houses and structures built on thc top of thc bluffs are at risk fi'om erosion. The erosion of high sa~ly bluffs along coastlines has challenged conserVationists since they were tint observed. Typical of such bluffs are those along the north shore of Long L~land. The soil material is sandy and erosive, easily moved by wind or water. Bluff height varies fi'om a few feet, to well over 100 feet, The slope is usually about 1:1, or at whatever angle the material is stable. The profiles of eroaing and stabile bluffs are represented below. Tvvicai characteristics of ~rodine bluffs, remnants of old vegetation, boulder, ete ~L / de~egefafed 'lope' '~ / eroding toe . . ~/noemel h~g~ ~'Jde May 2007 1 03/197200S ii:33 6317273160 USDA NRCS PAGE 09711 Tvpi¢_a_l .... orocedures., tkat kave kad a desirable...,.~,'le~t on slowing bluff erosion ~ vegetated to~ fide ~1 high Numerous attcmpts have been made by landowners to stabilize bluff slopes; only a few have succeeded. Although no pwcedure can guarantee a permanent solution or stop this erosion, the following measures have been found to be the most effective in obtaining thc best possible stabilization of the bluff face. Stabilization of the toe and top of the bluff (ideally simultaneously) must occur. Implementing practices (such as rcvcgetatiun, terraci~ gee-textiles) without acMeving this stab/lily will not be successful. Resulting in a loss of time, rer, ources, and financial investment as these areas are compromised by erosion. Once both of these areas are stabilized, efforts should be focused on rcmed/ating the bluff face. Although stabilization of the toe and top is recommended first, the environment should be cvaluated hollstically. Thcrcby, remediation oftbe bluff face should occur in co~junction with and/or as soon as possible after the remediation of the top and toe. May 2007 Top Stabilization: a. Remove the overhanging lip at thc top of the slope creating a natural angle of repose. This is generally a 1:1 slope or 45 degree angle. b. Any lxees along the top edge of the bluff should be cut at the base leaving thc roots ia. place. Tall trees sway/ng in the wind will loosen thc bluff soils. c. Do not allow surface water (i.e. pool watcr, runoff, irrigation water) to flow over thc top of the slope. [ustallation of a diversion with a catch basin drain and a vegetated natural buffer both serve this purpose. d. No ground disturbing activities should occur w/thin 10 feet of the edge of the bluff. This includes installation of landscaping plants, irrigation systems, decks, and fences. e. Pools shouM be installed with an in ground drain to facilitate drainage (unless clay lenses exist within thc bluff profile). 2 0719/2009 11:33 6317273160 USDA NRCS PAGE 10/11 f. Houses should bc fitted with gutters and down spouts which discharge into dry wells in order to reduce runoff flowing over the bluffedge, g. Sprinklers should not dischargc water onto or near the bluff face. h. Irrigation scheduling should not exceed the peak consumptive requirements of the turf grasses (approximately 1" per week). May 2007 Toe Stsbilizafloa: a. The use of vegetation is the preferred method to maintain a stabile toe, However, vegetation alone is not always successful, A good indicator of whether or not vegelation will stabilize the toe is the location of the mean high tide (MHT) mark. If MBT reach~ the toe of the bluff, it is unlikely that vegetation alone will stabilize this site. If this is the situation, a consultation with NRCS or thc SC SWCD can provide you with oth~r alternatives. b. l.t' a hardenillg structure, such as a bulkhead or rock rew~i~erit exists, ii ii critical that proper maintenance occurs to th~l~ structures. Such regular maintenance prulongz the life. The addi~innal benefits are the protection thc toe of the bluff and reduction in repair/replacement costs.' The following are the maintenance activities that should occur on the bulkhead, ~ Decaying and, or damaged boards should be replaced. ~ Holes behind the bulkhead should be filled with sand. ~ C-eotextile must be maintained between the bulkhead or revetment in order to retain sand behind the structure. Thc lack of geotextile in combination with wave action will pull sediment through the structure eventually cause collapse and failure. ~' Vegatafion (beach grass, Spartina patens, Coastal Panic gr~s) should be maintained on top of the bulkhead. Bluff Face: a. Any flees along the top ec~ge and on the bluff face should be cut at the base leaving the roots in place. b, Trash, grass clippings, leaves and branches should not be disposed of on the bluff face. This creates instability as file debris adds weight to the bluff face and dually smothers vegetation. Thus, such debris should be removed t~om the bluff face and disposed of properly. c. A natural angle of repose should occur on the bluff face. Depending on thc height and location of the vertical faces, such an angle may not be pre,col, Cra/ling is a satisfactory practice to create such a natural slope at locations where such an angle can be achieved. Care should be taken to not disturb stabile areas of the bluff in an attempt to stabilize the eroding locations. Such precautions will prevent ~4ditional erosion problems on the bluff. d. ReNegetate the ~lop¢. )' 'Cape' American beach grass and Spurn'aa patens plugs should be used for this purpose and transplanted while dormant in the late winter or 3 11:33 6317273160 USDA NRCS PAGE 11/11 early spring. Planting should occur from the top of the bluff face down. Both Spartina and Beachgrass should be planted 1:2" apart, Rows should be separated by 12" and the plants should be staggered with plants in adjacent rows/ Each full row should consist of entirely Beechgress or Spar~ina and the rows should alternate between these the two species. For Beachgress, one 35mm film canister of Osmocote slow release fertilizer should be placed into each planting hole and then plant three ste~s or culms per hole. To add diversity to the blu~ planting~ reduce the tl~eat of disease, and compensate for natural beach grass die out, it is recommended to broadcast the following warm season grass mixture immediately prior to planting the 'Cape' American beach grass. mixture should consist of,' ~Blackwell' Switch grass (Panicsrn ~rgatum)* 'Atlantic' Coastal panic grass (Panic,eh amaram)* 'Niagara' Big bluestem (/tndropogon gerardii)* Coastal Little bluest~ra ( &:httaakyrium scoparium v. littorlale)* Sheep rescue (/~estuca or/ns) for quick, tearporary cover 'Monamh' Seaside Goldenrod (Solidago sernpervirens v. Monarch) 'G-olden Jubilee' Black-eyed Susan (J~udbeckia hirta) Partl'idg¢ Pea ( Chamaecrt~ta fazctculata) ColIlmon ]~Velling Primrose Oenothera biennis) The warm seaso:~ ~ras$ 4 PLS lb/Ac 5 PLS lb/Ac 5 PLS lb/Ac 3 PLS lb/Ac 10 lb/Ac I lb/Ac I lb/Ac 1 lb/Ac 1 lb/Ac (*Rates are in Pure Live Seed Pounds Per Acre.) Spreading this seed mix just pr/or to planting the Beachgrass and Spattiaa, allows for the incorporation of the seed by foot traffic and sand disturbance as the beach grass is planted. This action is critic~ to a good seed establishment. Adapted shrubs and vines can be added when thc slope is well stabilized with the above listed grasses. Species include Bayberry, Beach pea, Shore wsc, and Beach plum. Apply 20 lb/ec of nitrogen in lunc if beach grass vigor is declining. Maintenance of thc vegetated slope will be required on a continuous basis. Remove d¢Sris from planted areas; keep all water diverted from the slope; do not over-irrigate the lawn above; avoid excessive foot traffic and repair any damaged or eroding areas. May2007 4 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 SOIJTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 8, 2008 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6261 (FRAWLEY) Dear Mark: We have received an application for demolition of existing and construction of a new single-family dwelling, as detailed on the enclosed map. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. May we ask for yOur written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D. Thank you. Very truly yours, Gerard P. Goehringer Chairman Encls. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Gerard Goehringer, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner ~'~ ~- LWRP Coordinator ,MAR 1 8 2009 Date: March 18, 2009 Re: ZBA file Ref. No. 6261 (FRAWLEY) Location: 4545 Hallock Lane (a private road), Mattituck SCTM 1000-112-01-02 This proposal is for a request for variances pursuant to the Building Inspector's November 3, 2008 Notice of Disapproval and Zoning Code Interpretation # 5039 (Walz Application), citing Code Sections 280-112 and 280-124 for the minimum required side yard setbacks on nonconforming lots (51,955 square feet in this R-80 Zone). The applicant is proposing a new dwelling at less than 20 feet on a single side yard and less than 40 feet for total side yards. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jenifer Andaloro, Assistant Town Attorney 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 SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 8, 2008 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 #6261 Action Requested: Within 500 feet of: Owner/Applicant: FRAWLEY Setbacks ( ) 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 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE December 29, 2008 JAN 2 2009 . ~5.~;~ ?'TffOM.~'I~L~S;Ai~p~: DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Att: Mr. Gerry Goehringer, Chair Dear Mr. Goehringer: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbe~.~ Berwald, David Tsirnikas (Isidoros) & Papagiannakis (Maria) Highland House FI, LLC Schembri, Peter &Gail Frank Zagarino Trust (c/o Cary Zagarino) Kate, Paul M. Mensch, LLC Frawley, Brian Martin, James & Denise #6250 #6252 #6253 #6256 #6257 #6258 #6259 #6261 #6262 TRK:ds Very truly yours, Thomas Isles, AICP Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4IH FLOOR P.O. BOX 6100 (631} 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY ! 1788-0099 TELECOPIER 1631 ) 853-4044 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 P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: / [] URGENT ~FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED NOTES/COMMENTS: Please find attached copy/copies of the following:. Thank you. Sendees Inioals: /~_~ 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 19, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ MARCH 19, 2009: 10:35 A.M. BRIAN FRAWLEY # 6261. Request for Variances based on the Building Inspector's November 3, 2008 Notice of Disapproval and Zoning Code Interpretation # 5039 (Walz Application), citing Code Sections 280-112 and 280-124 for the minimum required side yard setbacks on nonconforming lots (51,955 square feet in this R-80 Zone). The applicant is proposing a new dwelling at less than 20 feet on a single side yard and less than 40 feet for total side yards. Location of Property: 4545 Hallock Lane (a private road), Mattituck; CTM 1000-112-1-2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: February26, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINOER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net February 2(,, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, March 19, 2009 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 March 2,d 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_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hear ng providinq the returned letter to us as soon as possible; AND not later than March 6th: Please either mail or deliver to our office your Affidavit of Mailinq (form encl0~ed) with parcel numbers, names and addresses noted, and furnish it to our office with the. lwhite 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.,iI If any signature card is not returned, please advise the Board during the hearing and providb the card (when available). These will be kept in the permanent record as proof of all Notices. ~ 2) Not Later March 11th: 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 or mail your :Affidavit of Posting for receipt by our office o._Qn March 17, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and. Staff Encls. #9200 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 5Ih day °f March' 2009'/ .7~a..,..t...,~.~. Principal Clerk Sworn to before me this day of ~'~~2009. NOTARY PUBLIC-STATE OI~ NEW YORK No. 01-V0610~0~0 Qualified In SuffGll( CouNty LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 19, 2009 PUBLIC HEARINGS NOTICE IS HEREBY GFVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of SouthoId, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New ork 11971-0959, on THURSDAY, ~ARCH 19. 2009: 9;30 A.M.M. MENSCH. LLC and NORTH FORK SELF STORAGE # 6259. Request for Variances. based on the Building Inspector's November 25, 2008 Notice of Disapproval, which states that a proposed public self storage building w~th an Apartment is not permitted, for thc fi)llowing reasons: (1) under Section 280-64C, no single structure shall have more than 60 hnear feet of frontage on one street and the budding will exceed this frontage along Depot Lane, and fur tea a~esso~ use. ~r~: ~. -Ti' -' ' '" . g6~56 ah' . 6~76 ~ 'end2L :~ Et -~r t' ~ "' 115 ~z~be~i~b~, ~:~:~~1 sq~:¢~ ~ili:b¢ [~sm~g, . ~¢ m .' }'~7~ B. and JEANINE ¢6 1 1 9 ~?, ,,~- -o , I ~m~~5:ftd~inimu~;'~ ~:6~,~gg~or me V~inn~basegon ~FAGA ~281. (smmlded) and 6243 Re- 9'40'~M{~' a~" ~u~~L~cati°n°fPr°p?ty' ' ~*BufldCglnspect°rsJ~uary20'2009~ questsfor~an~sunderSe~ons280- TIN~ G~R~S ~ 62~0. Re. qu~ South Oakwood Drive twesterly amendedNoticeofDisapprovalconcern- 124and280q16B. basedontheBuilding Variance under Section ~0-15, based on side}, at Laurel. also shown on the Map rog: (1) a proposed rear ad~fion to the Inspector's Februa~ 23. 2009 amended me Building Inspector's November 24. 2008 Notice of Disapproval concerpmg a propos6d swimming pool in a side yard ~nstead of the code-required rear yard. at 425 R~nc D/irc Southo!~ L ~t 3 on the 1978 Map of Gendron Minor Subdi- vlston . CTM 54-6-4.1 9:55 A.M JAMES and DENISE MARTIN #6262. Request for a Vari- ance under Section 280-114 based on tlne Building thspector's November 7 2008 Notice of Disapproval concerning proposed one-story additions and altera- nons to me ex,sting dwelling, which new construction will be less than the code- required front yard setback of 60 feet on this 160.781 square foot parcel, located at Meadow Beach Lane extension 129 Suter's Right-of-Way). Mattituck: CTM 1164-31. 10:05 A.M.E. MARELIC #6255. Re quest to Waive a merger of two proper- ties under Zoning Code Section 280-11, based on the Building Inspector's No vember 24, 2008 Notice of Disapproval, citing Section 280-10. This property is shown on the Map of Bay Haven, Lots 32 and .33 as: (1) C~.M 88-4-19 as va- cant land, with a nonconforming area of +/- 17.500 square feet, and (2) CTM 88-4-18 as an improved parcel, with a nonconforming area of +/- 17,500 square feet, at 1160 and 1000 Bay Haven Lane. Southold. 10:20 A.M. FRANK ZAGAR[NO TRUST by Carey Zagarino g 6257. Re- quests for Variances under Section 28(I 124, based on the Building Inspector's November 14, 2008 Notice of Disap- proval concerning a new single-family dwelling (after demolition of the existing building), for the reasons that the new of Laurel Park as Lot 15 and part of 16: CTM 1000-145-3-3.1. 10:35 A.M. BRIAN FRAWLEY = 6261. Request for Variances based on the Building Inspector's November 3. 2008 Notice of Disapproval and Zoning Code Interpretation # 5039 (Walz Apph- canon),cmng Code Sections 280-112 and 280-124 for-the minimum required side yard setbacks on nonconforming lots 51,955 square feet in this R-80 Zone The applicant is proposing a new dwell- mg at less than 20 feet on a s~ng~e sine yard and less than 40 feet for total side yards. Location of Properly: 4545 Hal- lock Lane a private road Matt~tuck: C'~M 1000-112-1-2 10:50 A.M. FRANK PALILLO and DIANE PALILLO # 6263. Request Iora Variance under Sections 280-116-C and 280-124. based on the Buddtng Inspec toi's December 2. 2008 Notice of D~sao- proval concerning proposed additions and alterations to the existing sthgle- family dwelling, which new construction will bq less than the code-required mini- mmn of 35 feet for a rear yard setback and less than 75 feet from Great Pond (freshwater). Location of Property: 7433 Soundview Avenue, Southold; CTM 59 6-5.1. 11:05 A.M. MARY E. MANNING # 6265. Request for an Interpretation and/ or Variance under Section 280-124~ based on the Building Inspector's revised De- cember 12, 2008 Notice of Disapproval concerning a proposed addition to the existing single-famgy dwelling: ( 1 ) which will be less than the code-required mini mum 10 ft. side yard, and (2) which new construction wdl place the existing ga rage in a side yard instead of the code- required rear yard, at 700 'Perry Lane, existing dwelhng with a setback ht less than 100 feet from the top of the bluff adjacent to the Long Island Sound. and 2 concernmg a proposed single-story addition to the ex,sting dwelling with a setback at less than the code-reqmreo i5 feet on a single side yard on this 24.053 square foot nonconformthg lot. Locatton of Property: 1425 Sound View Robe-. Orient. CTM 15-3-16. 11:40 A.M. HIGHLAND HOCISE FI. LLC #6253.Request for a Variance under Section 280-121G. based on the Builthng Inspector's November 16 2008 Notic~ of Disapproval concerning proposed al- terations to an existing detached garage with nonconforming) aparm~ent above Tile reasons stated are that "whenever a nonconforming use of a building or premises has been alscondnued for a period of more than two years or has been changed to a h~gher classification or to a conforming use, anything in this article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permit- ted, unless a variance therefore shall have been granted by the Board of Ap- peals. The building Inspector's Notice of Disapproval is based on a Pre-Existing Certificate of Occupancy application in- spection report dated 10/27/08 tilOt states that the existing detached garage with apartment above has not been used in years. Locatmn of Property: Oceanview Avenue and Heathulie Avenue, Fishers lstand; CTM Parcel 1000-9-] 1-7.12. 12:00 EM. PAUL KATZ #6258 - Re- quest for a Variance under Section 280- 15(F). based on the Building Inspector's June 23.2008 Notice of Disapproval con- cerning a proposed accessory garage at a setback of less than the code-required Notice of Disapproval concerning pro- posed additions and alterations to the existing single-tamily dwelhng at less than the code-required minimum of l0 feet on a single s~de yard and less than 75 feet from the existing bulkhead ad acent to Orient Harbor, at 12580 Main Road. East Marion. CTM Parcel 1000- 31-14-8.2. 12:15 EM. ROMANELLI REALTY, INC. #6224 and #6100 Continued hear ~ngs pending additional information from applicant. Locatidn of Property: 36660 Route 25 ~outh Side of Main Road . Cutchogue: CTM 97-3 3.1 (for- mert! 9%3-3/. Reuuest/or Variances and Special Exception related to a proposed contractor's yard uno three principal buildings on this 63.338 square foot lot in the LB Limited Bus~ness Zone District. The Board of Appeals will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will nor starf earlier than designated above. Files are available for review during regular business hours and prior to the day of the bearing. If you have questions, please do not hesitate to contact our office at (631) 765q809, or by e-mail: Linda. Kowaiski@Town. Southold.ny. us. Dated: March 1,2009. ZONING BOARD OF APPEALS GERARD E GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Locahon) 53095 Main Road (Mathng//ISPS) ]RO. Box 1179 Southold. NY 11971-0959 9200-1T 3/5 ZONING BOARD OF APPF. fiI.8 TOWN OF 8OUTHOLD: NBW YORK In the Matter of the Applieatioa of (Ns~utc_of Applicants) C'TMPar~#~O00- WL - 6,1 ' 00.. AFFIDAVIT OF MAILINGS cOUNTY OF SUFFOLK) STATE OF NEW YORK) Co~ t,/~dkl . New York, beihg duly sworn, depose and say that: o. ,~ ~-- .day of Vt,'~m- ,'~9,, p~,~on~y ~ed a m~ u.i,. ~ Po~ ~ in ' ~~ ~, New Yo~ by C~D ~, ~ ~ ~Q~, a ~e ~py of ~e a~eh~ ~ Notice ~ ~e~d ~velo~s ad~ to e~ent o~em sho~ on ~e ~t ~ssment roll vefifi~ ~m ~e o~e~ r~r~ on file ~ ~e ~ ~m, or ( ) ~W R~ Pro~ 0~ ~~ ~-~ , for ~ pm~ ~ich ab~ ~ N ~ a public or pfiv~ ~ or vehicu~ ri~t~f-~y of r~ s~o~ng ~c ~pli~'s ~. ' Sworn to before me this ~9~aday of /c/q ,,d~ ,200q Notary Public, State _o~f _N_ew YOl~ Oommission £xpires March ~0, ~,0/,o PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbem next to owner names and addresses for which notices were mailed. Thank you. ROBERT WEBER NOYACK PA'Il'l, ~O BOX 1374), WATB~ MLL, ~ YO~I( ~976 EAST MAPLE ROAD, C-R~ESNLAWN, ~ YCJ~, 11'7.40 ~ 6Gl,, 754-555~ FAX 631- 26P'1064 ~.?0 $2.20 f,O.O0 $ .i~Fd)*C I A L U $ E ru m 0 ~ ru $2.?0 $2.20 S0.0~ $ WEBER March 19, 2009 Zoning Board of Appeals Town of Southold PO Box 1179 Southold, NY 11971 5~2 NOYACK PATH, ;0 BOX 13741, WATE~ MI_I., ~ YOitI( 11976 41 EAff'r MAPLE ROAD, ~AWN, NEW YORt(, 11740 TEL 631 · 754-5555 FAX 631-261-1004 Re: Mr. Brian Fmwley 4545 Hallock Lane, Mattimck, NY SCTM# 1000-112-01-02 Zoning Board of Appeals, Attached please find a green signature card from Harbes Family Estate. I did not receive a signature card back from J. Douglas Peix although I am including a USPS tracking slip which shows a notice was left at his address. The owner had also sent him a complete set of drawings "to date" for his review (as he is an architect as well). I am including a FedEx proof of delivery slip with his signature. I contacted Douglas Peix directly by telephone on March 17, 2009. He stated to me that he has not picked up the package from the post office as this has not proved convenient for him. I told him when the hearing date was and he stated that he had received the owner's package and had no objection to the project. Please contact me if you need any further information on this matter. Thank you. Frederick R. Weber, Architect USPS - Track & Confirm Page 1 of 1 Track & Confirm FAQs Track & Confirm Seamh Results Label/Receipt Number: 7008 3230 0002 8332 6324 Associated Label/Receipt: Detailed Results: * Notice Left, March 04, 2009, 1:32 pm, NEW YORK, NY 10010 · Arrival at Unit, March 04, 2009, 4:27 am, NEW YORK, NY 10010 · Acceptance, March 02, 2009, 1:04 pm, GREENLAWN, NY 11740 Enter Label/Receipt Number. Nofificati~ Optmns Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Ge > Copyrigllt :: 1999-2007 USPS, Ail Righls Reserved. ~qo ~EACq AC EEO Dz~la FOA http://trkcnfrm 1.smi.usps.com/PTSInternetWeb/InterLabelDetail.do 3/14/2009 Print Page 1 of 1 From: Fmwley, Brian T. 0 To: 'Frederick Weber' Date: Tuesday, March 17, 2009 4:03:59 PM Subject: FW: FedEx POD - Original Hessage ..... From: Ramos, Tania Sent: Tuesday, Harch ~.7, 2009 3:S~. PN To: Frawley, Brian T. Subje~: FedEx POD March 17.2009 Dear Customer The following is the proof of-delivery for tracking number 96840656;3969 Status: Delivered Delivery Iocalion: Signed for by: D PEIX Delive~ date: Service lype: Prionty Pak I9 WEST 21ST ST NEW YORK, NY 10010 Mar 10, 2009 08:59 Shipping Information; Tracking number: P68406563969 Ship date: Weight: Mar 9, 2009 lbs. Recipient: J DOUGLAS PBX PE[X & MARCHETTI 19 WEST 21 ST STREET SUITE 401 NEW YORK, NY 10010 US Reference Shipper: SERVICE SULLIVAN & CROMWELL LLP 125 BROAD STREET 32ND FL New York, NY 10094 US 90000800010068OSFRAWLEY Thank you for choosing FedEx Express FedEx Worldwide Customer Service 1.800 GoFedEx t 800 4633339 This e-mail is sent by a law firm and contains information that may be privileged and confidential. If you are not the intended recipient, please delete the e-mail and notify us immediately. http://us.mg4.mail.yahoo com/dc/launch?.rand=a6ak lbk3uvgi7 3/18/2009 · Complete Items 1, 2, and 3. AJso complete item 4 If Restitcted 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 mailpieca, or on the fl'ont if space permits. 1. Article Addressed to: B. Receh~d by ( Pr/nted Name) D. Is delive~ address different f~3~n ~ If YES, enter deliver [] Insured Mail [] C.O.D. 2. Article Number 7006 3230 0002 8332 6331 PS Form 3811, February 2004 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of BRIAN T. FRAWLEY Regarding Posting of Sign upon Applicant's Land Identified as 1000-112-1-2 AFFIDAVIT OF SIGN POSTING COUNTY OF SUFFOLK): STATE OF NEW YORK): I, BRIAN T. FRAWLEY, residing at 130 East 12th Street, Apt. 2A, New York, New York 10003, being first duly sworn, deposes and says that: l. On the 8th day of March, 2009, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and 2. I hereby confirm that the Poster has remained in place for seven days prior to that date of the subject hearing, which hearing date was shown to be March 19, 2009. Sworn to before me this ](~ day of'~.{ ~-/~. 2009. (Notary Public) Pu~'tc, S~t. of New yod~ No. 01MA5044197 Qualified in Kings County Certificat~ New Y~rk County Commission i~mires May 22, 2011 near the entrance or driveway entrance of my property, as the area most visible to passersby. BRIAN FRAWLEY 125 Broad Street New York 10004-2498 (212) 5584983 Please find attached my original, notarized Affidavit of Sign Posting at 4545 Hallock Lane, Mattituck. Please call me if you have any questions. Best regards. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of BRIAN T. FRAWLEY Regarding Posting of Sign upon Applicant's Land Identified as 1000-112-1-2 AFFIDAVIT OF SIGN POSTING COUNTY OF SUFFOLK): STATE OF NEW YORK): I, BRIAN T. FRAWLEY, residing at 130 East 12th Street, Apt. 2A, New York, New York 10003, being first duly swom, deposes and says that: 1. On the 8th day of March, 2009, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and 2. I hereby confirm that the Poster has remained in place for seven days prior to that date of the subject hearing, which hearing date was shown to be March 19, 2009. Sworn to before me this day of~])~fi~'( ~4/(.~, 2009. (Notary Public) No. 01MA5044197 Qualified in King, County Certificat~ New York County Comm~ion Ex~ires May 22, 2011 near the entrance or driveway entrance of my property, as the area most visible to passersby. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME FRAWLEY, Brian T. #6261 MAP # 112-1-2 VARIANCE SETBACKS REQUEST NEW DEWLLING DATE: THURS,MAR. 19, 2009, 10:35 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 .Office Location: Town Annex IF~rst Floor, North Fork Bank :54375 Main Road (at Youngs Avenue) $outhold, NY 11971 http:llsoutholdtown.northfork, net BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: TOTAL NO. OF PA~E-~ INCLUDING COVER: . SENDER S m~EPfioNE NUMBE~ ~FE~NCE:; 765-1809 ~rcss ~ at voi~ NOTES/COMMENTS: , Please find attached copy/copies of the foilowinff. Thaxxk you. Sender's Initials: ~_~ Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin Adg_~__4r_e~: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north folk.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 May z/, 2009 Fred Weber, Architect 41 E. Maple Road Greenlawn, New York 11740 Re: ZBA #6261 - Brian Frawley Variance application Dear Mr. Weber: Transmitted for your records is a copy of the Board's April 14, 2009 Findings, Deliberations and :Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be §ure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the Building Department. If you have any questions, please feel free to call at any time. Very truly yours, Encl. Copies of Decisio~ to: Building' Department Town Clerk (Original for filing) Linda Kowalski - Z- Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 12/09/08 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees Receipt~: 31213 Reference Subtotal 6261 $600.00 Check#: 610 Total Paid: $600.00 Name: Weber, Frederick R 41 E Maple Road Greenlawn, NY 11740 Clerk ID: CAROLH Internal ID: 6261 FINAL MAP REVIEWED BYZBA SEEDECI$1ON#./~..~_ DATED._..~I/~/~,~L~o~ 5[TE DRAINAQE. F ITT FLOOR 1~80 SF FRONT PORCH 220 5F $OLIA~E FOOTAG~ (GARAGE) POOL 800 5F N.'r.$ DEC NOTE- ALL CONSTRdCTION TO OCCUR ABOVE THE lO' CONTOLJR OR CREST OF BLUFF I"NON-JURISDICTh0N") P~OPERT] OLUN ER EITUATE PIATTITUCK ZONING R-80 NOTE ERE SECTION 280 124 "NON-CONFORHING LOT5" DITH AREA5 SITE PLAN I" = EVIEWED BY ZBA FREDERICK ROBERT WEBER ARCHITECT DIit AlttlNG TITLE; 51TE PLAN NEILI RESIDENCE BRIAN FRAI,ULE¥ ~;~1:5 HALLOCK LANE ,IMATTrrUCK, N? ~ J TOItlN OF E~OUTHOLE) / 5CTHI ARCHITECT; I FIi~EDEI~ICK R. UJEt~ER 41 EAST MAPLE ROADI GREE~A~N, NY ~2 NOYAC PATH · ATER MILL, NY TEL ~Sl 1~4-Sf~ REV.= DATE: AUG ~O, 2008 ~CALE: I'" JOB NO= ~00909 DRA~G t 'U 20' 0 FIR$,T FLOOF~ PLAN ElY ZBA s~ O~C~mo~ # DATED.._~.. //,.~.. I ~,~.~ DEC 2 2008 FREDERICK ARCHITECT III DR AIIIINQ TITLE: FIRST FLOOR JOB: NEW RESIDENCE BRIAN FRAWLEY 4B45 HALLOCK LANE MATTITUCK. NY 'TOWN OF 5OUTHOLO SCTH#IOOO-II3-OF-03 ARCHtTECT~ FREDERICK R. '41 EAST MAPLE ROAD GREENLAIIJN, NY 11'1'40 ~2 NOYAC PATH IIJATER MILL., NY TEL 'qBI FAX /,31 2.f, HO84 SEAL: REV.. DATE. AUC~ ~.o, 2oo:a T 23'-0' \ / / 2h~D FLO0~ I/~08 SF SECOND FLOOR PLAN FREDERICK ROBERT WEBER ARCHITECT III "I DRAWINCa TITLE: · SECOND FLOOR NEW RESIDENCE BRIAN FRA~LEY 41114B HALLOCK LANE MATTITUCK. NY TOWN OF 5OUTHOLD ~CTI~I IOOO-II,2-OI-O3 ARCHITECT= FREDERICK R. WEI~ER 41 EAST I'IAPLE ROAD GREENLAWN, NY 11140 B2 NOYAC PATH WATER I'llLL. NY II~ll& TEL &:~l 1B4-85r;B FAX ~-31 2'[I-1084 SEAL: REVIEWED BY ZBA SEE DECISION # .,~.~¢/ DATED '~ / / y I ~ao¢' REV,.. DATE: AUG SCALE : I/4" = I'-O" JOB NO: ,~2OO101 DRAUJlNG NO. A4 OF A8