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6269
139 West View Drive 1 MattitucK, NY 23 Sellars, Pamela #3388 filed7/31/85 variance for inSufficient sideya6d setback.~ ~N~m ? ~ Office Location: Town Annex/First Floor, Capital One 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 RECEIVED II: oo Southold Town Clerl FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF MAY 19, 2009 ZBA FILE # 6269 - ERIC McCLURE, Applicant PROPERTY LOCATION: 435 Westview Drive, Mattituck CTM Parcel # 139-1-23 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. 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 submitted February 4, 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. LWRP EXEMPT: Town Code Chapter 268 exempts this application being a setback variance for in-kind replacement construction. PROPERTY FACTS/DESCRIPTION: The subject property contains approximately 22,000 square feet, measuring 64.63 feet along Westview Drive to the north, 296.00 feet along the eastern boundary, 86.10 feet along Mattituck Creek (Long Creek) to the south, and 289.00 feet to the west. The lot is improved with a single-family house with second-story deck and framed deck, as shown by a survey prepared September 5, 2005 by Albert W. Tay, L.S. BASIS OF APPLICATION: Requests for Variances under Section 280-124, based on the Building Inspector's November 24, 2008 Notice of Disapproval concerning proposed deck reconstruction surrounding an existing swimming pool which will be less than the code required minimum single side yard setback of 15 feet and less than the minimum required combined side yards of 35 feet (after removal of the existing deck). FINDINGS OF FACT Page 2 - May 19, 2009 ZBA # 6269 - Eric McClure CTM 139-1-23 The Zoning Board of Appeals held a public hearing on this application on April 23, 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 the reconstruction of a pre-existing non-conforming deck with a 4.2 single side yard setback and combined setbacks of 12.9 feet for both side yards, as shown on Diagram A1 dated June 5, 2007 prepared by Keri Ann Kazel, R.A. 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. No change in footprint or lot coverage will result from the reconstructing the pre-existing non-conforming deck. 2. Town Law Section '267-b(3)(b)(2). The benefit of a reconstructed deck cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing deck is in a state of disrepair. It surrounds an existing pool and cannot be relocated. 3. Town Law Section '267-b(3)(b)(3). The proposed variance is not substantial. The planned reconstruction is a simple replacement, in kind. 4. Town Law Section '267-b(3)(b)(5). The difficulty has not been self created. It is the result of deterioration of an existing nonconforming deck. 5. Town Law Section 267-b(3)(b)(4). No evidence has been submitted to suggest that a vadance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property, 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 Oliva, and duly carried, to J~ [m~t. (,~r TM GRANT the variance as applied for, as shown on the' .,~it~..5, 2005 survey prepared by Albert W. Tay, L.S. and shown on Diagram A1 dated June 5, 2007 prepared by Keri Ann Kazel, R.A. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagram,s 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 Page 3 - May 19, 2009 ZBA # 6269 - Eric McClure CTM 139-1-23 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 minimus m nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Membe~~irman),jOti~a;-~imon, and Schneider. (Absent was Member Weisman.) This ResolutiS'n was duly~ 0~~/adop (4-0): ~-, ~, GE~R"D P. GOEHRINGER, CHA(RMAN 5/"'z~'/2009 /~roved for Filing ~/ MONUMENT MONUMENT o MONUMENT MONUMENT FLOOD PLNN INFORMATION FLOOD INSURANCE RATE MAP COMUUNII¥ NUMBER PANEL SUFFIX TOWN OF SOiIIHOLD 36081,3 0481 G MAP NUMBER 36103C0~81 G EFFECllVE DATE MAY 4-. 1998 PARCEL IS IN ZONE X (NO BASE FLOOD ELEVATION) SURV~ OF PROPERTY SITUATE AT NtA'Fr'ITUCK; TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK SCTM 1000-159.00-01.00-025.000 FLOA~NG DOCK ELEVATIONS ~D FLOOD INFORMA~ON ~O~ SEFql~BER 24.2007 ~RVEYED~C~BER 5.2005 ~ ~D SU~ B~T~ F. ~ dr Washington, New Yo~ - I 07177 d--E=~T~O ,, / Ex,sTING / BX~STINO NOTES: ~ I; r ,-,, I I' " ~: I I t' =h .... , , ~ SEE DETAIL #1-'~ 2X8 LEI~ER BOARD I 2X8 LEDGER BOARD 12" DIAMETER pOURED ! I (SEE NOTE) N d ---~:j ~ NEW ~ ELEVATED DECK ABOVE ~ CONCRETe PmR ~. , (SEE NO~) .~ Lr~re oP PROPOSEO ~ ~, I EXISTING PLANTER AREA ~ d ~ ~ _ ENTRY DECK -- NEW SECOND ~ 3000 PSI) IVBNE~dM 36" i ~: 7 ' g E g -~ V STORY BALCONY ~-~ ~ ,I ~ ~ ~--~ ......... ~ / ~ ~ ' ~BELOW GRADE ~ i ~ (TYPICAL)/ i 4X6 STRUCTURAL POSt (TYP,) 1 /~ 3~" h~Oi~ KAZ~ TO,~ODE ....... _3 ._2_X_ 10 G1R~_ _ _F~_ _ 3_- 2~_ I_0_Q _ _l~O_ _E _R_ ..... ' 3-2X10 GIRDER · _. 3-2-X10 GIRDER . I., - ............................................. ~- ~ -~/~/~ ................ ~ ................. _~._. .......... =_.__ SEEDET^~#~ .~~--? - -- -- -- ~ &' ~ --- 27'-11" ' 2-2X8 GIRDER 2-2X8 GIRDER 2 2XB GIRDER 2-2X8 o_.mn_~ .... I .o~ GR~d3E I ~ d I Br~LDm~ S~c'nOH ~ I ~ ......... ~ I , I ~- ' 'O.- O- '-~ ' - i , , ~ ' I I ~ I SMO~ DETECTOR ~~ :':' ,!' POOL L~ GE EX~S"~G , ~ ,i ~ EX,STING POOL ,'/ I "i ~ ' 5 __i i WITH ~ m ~. .................................. - i 2'-0" O,C, BP^CE LEDGER OFF BUILDING ~ ~ ~.~ .................. ~ ................... ~ GALVANIZED FLASHING OVER 30" BLDG, ,l DECK ON GRADE ~ ~ ~,~ ~ I' DECK FOUNDATION PLAN LOWER LEVEL DECK PLAN UPPER LEVEL DECK PLAN SCALE: 1/4"=1'-0'' SCALE: 1/4"=1'-0'' SCALE: 1/4"=1'-0'' TO THE INSIDE TOP CORNERS OF ALL END AND r .......... - / TO DECK AND CAP RAILSECURELY ATTACH BE USED I FOR CABLE FilliNGS. I ~ ~o,,~ ~o~ mT~u~ -~OSS F~Vm~m DEE 2 2 2~08 , 8TRUCTURE. RUNCABLE / MIN. IiEIGHT36"2"x6"IvflN'CAPRAIL'. i 4"x6"MIN. DOUBLECORNERcoRNEP,,. \ ~© o ~ ~ ~,~ W L a "" ~r.. l~*Ila ~ SPACING TO MINIMIZE ('rY~icAL) .*x~ STRDCW~ '. 4x~ s~uc~ S~M,SOH ~ao~ m#,..~.'- NAILING SCHEDULE Posts (T~C~L) __ POSTS O'~CAL) __ POST CONNECTION & LOAD TABLE ~ DETAIL GRADE ~ ~ ~ i 1~ LINE OF CONCRETE I I I [ I I PROPOSED DECK FOR THE I PmRSBELOW I I I I I L__~ L; L__: L__~ MCCLURE RESIDENCE 435 WEST VIEW DRIVE MATTITUCK, NY 11952 FOR BOTIt 1/8" AND 3/16" NOTE: DETAIL IS TYPICAL /COR/q~R POSTS DII~NSIOR8 p~ffi~l~l~ 8~RUCE-FII~-I~R II&OWliIILE ~ I / ,,O POSTS . , , ,, ""'"",0D ,,D ,0,'" ,0E ,,D ,OR ,,D ''.OD ,,D CmLE ~-- / / C~[E ~Un~S UO~ES TO PROPOSED DECK -. ~ >~E}mFrrrmos: . KERI KAZEL ARCHITECT P.C. ELASTOIVlER (STANDARD) OR 27 FRANK STREET s~, s~. (oPTionAL) ~., ~ ~ 77 NoTe: C~LE R~S Sm~'SO~ S~RO~G nE.,ES2~ NAILING SCHEDULE ¥~,.~a~:, ~c .980 ,, ST~,~ESS STeHL//~/ff/' CON~OUSL¥~n~O.O~I JOIST CONNECTION EROTeCrORSLHBVE~T CO~'~S & LOAD TABLE --Dm[ aO~B TmmUaa POST.EmmS cr~.)DETAIL W1TH MANUFACTURER. ~ DATE: JUNE 5, 2007 , s A E: DETAIL #1: WOOD POST TERMINATION DETAIL #2: CORNER DOUBLE WD. POSTS ~q.T.S. N.?.S. ?~OJ~CT ~O. GRADE DIMENSIONS FAST~%*ER~ HPRUCE-PINE-FIR ALLOWABLE CODE JOIST MODEL GA. FLOOR (lO0) 9NOW (rio) ! ROOF (12§) REF. SIZE lq-~lB~R W H a HBABERt0D ,eD JOISTS ItuP-ffL?rlteo}a. ~t0D tOD PHOTO A: Looking NW from deck area at rear of dwelling. (7/31/08 at 1308 hrs) PHOTO B: Looking NNW from deck area at rear of dwelling. (7/31/08 at 1308 hrs) PROJECT SITE PHOTOS Application regarding the propmty of Eric McClure, SCTM # 1000-139-1-23 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 September 5, 2008 PHOTO C: Looking NNW fi'om deck area noting maintenance repairs and pool in left foreground. (7/31/08 at t308 hrs) PHOTO D: Looking SSW at SW comer of deck and pool. (7/31/08 at 1310 hrs) PROJECT SITE PHOTOS Application regarding the property of Eric McClure, SCTM # 1000-139-1-23 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 September 5, 2008 FOR/VI NO. 3 ~~ /, Updated: September 2, 2008 TO: Eric McClure 435 Westview Dr. Mattituck, NY 11952 Please take notice that your application dated October 25, 2007 For a permit for reconstruction of a deck accition & pool surround at Location of property: 435 Westview Dr., Mattituck County Tax Map No. 1000 - Section 139 Block 1 Lot 23 Is returned herewith and disapproved on the following grounds: The proposed additions to a single family dwelling on a non-conforming parcel, are not permitted pursuant to Article XXIII Section 280-124 which states: "This section is intended to provide minimum standards for granting of a building permit tbr the principal buildings of lots which are recognized by the town under 280-9, are nonconforming and have not merged pursuant to 280-10." Lots me~Jar~ng between 20,000 & 39,999 shall have a mm~mu~_~ydtrd setback of 5 and ~s.i.ddyard setback of 3 5'. · Following the construction, tl~rrixwlling, will have a single side yard setback ~f4.2' & a total side yard setback of +( 12.9. These setbacks are pre-exis~in~trhon-conforming. Authorized Signature FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL DATE: November 24, 2008 TO: Eric McClure 435 Westview Dr. Mattituck, NY 11952 Please take notice that your application dated November 10, 2008 For a permit for reconstruction of a deck addition & pool surround at Location of property: 435 Westview Dr., Mattituck County Tax Map No. 1000 - Section 139 Block 1 Lot 23 Is returned herewith and disapproved on the following grounds: The proposed additions to a single family dwelling on a non-conforming parcel, are not permitted pursuant to Article XXIII Section 280-124 which states: '~rhis section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming and have not merged pursuant to 280-10." Lots measuring between 20,000 & 39,999 shall have a minimum side yard setback of 15'and a total side yard setback of+/- 35'. Following construction, the dwelling will have a single side yard setback of 4.2' & a total side yard setback of+/- 12.9. These setbacks are pre-existing and non-conforming. Authorized Signature DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING January 29, 2009 Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: FEB - 4 2OO9 Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not he construed as either an approval or disapproval. Applicants Municipal File Numbers Mc Clure 6269 Katsoulas 6270 Malon 6271 Gambardella 6272 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southotd, 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 A~ ..... .) From: Mark Terry, Principal Planner x.~ ' I LWRp Coordinator APR 2 2 2009 Date: April 21, 2009 Re: ZBA file Ref. No. 6269 C Location: 435 Westview Drive, Matt/tuck, adjacent to Long Creek SCTM 1000-139.-1-23 Request for Variances under Section 280-124 based on the Building Inspector's November 24, 2008 Notice of Disapproval concerning proposed deck construction (surrounding pool) which will be less than the code required minimum single side yard setback of 15 feet and less than the minimum required combined side yards of 35 feet, after removal of an existing preexisting deck. Note, that the Board of Trustees issues a Letter of Non-iurisdiction for the proposed action on May 29, 2009 pursuant to Chapter 275 Wetlands and Shorelines and Chapter 111 Coastal Erosion Hazard Area. 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 EXEMPT from LWRP consistency review pursuant to § 268-3. Definitions of the Southold Town Code which states: MINOR ACTIONS -- Include the following actions, which are not subject to review under this chapter: Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit. 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 MONUMENT .,4'" MONUMENT BROw~R ROAo PROJECT MONUMENT MONUMENT APPLICATIO~O THE SOUTHOLD TOWN BOA~OF APPEALS __ ~or of fee use o,ay ~ ? ~ ' Office Notes: . ~ . . Par~elLoeatiom ~o~se~o.l~5 Street ~estview Drive Ha~et i~,agtituck SCTM 1000 Section 139Block 1 Lot(s) 23 Lot Size 0.5ac Zone District ~-40 I (WE) APPEAL TIlE WRITTEN DETERMINATION OF. TIlE BUILDING INSPECTOR DATED: Nov 24, Applicant/Owner(s): Eric ~cClure Mailing Address: 423 4th Street, Brooklyn, NY 11215 Telephone: 718- 3 69 - 9771 NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, eta Authorized Representative: James E. Fitzgerald, Jr. - Proper-T ~ermit Services Address: ~0 Box 617, Cutchogue, NY 11935 Telephone: 631-734-5800 Please specify who you wish correspondence to be mailed to, from the above listed names: [] ApplicantJOwner(s) IX Authorized Representative []Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 1 0/25~07 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 XX I I I Section 100- Subsection 28 O- 12-T~ZF- Type of Appeal. An Appeal is made for: ]G(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. [3 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. )388[rear 1 ~8~ . Appeal Application, Continued ~ ...... ' Part A: AREA VARIANCE REASONS (attach extra sheet as needed): !See attaohed sheet. (1) An undesirable change will not be procluced in the CHAIL&CTEI~ of the neighborhood or a detriment to nearby properties, if granted, because: (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: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the variance been self-created? ( ) Yes, or ( ) Yes, or ( )No. ) No. If not, is the construction existing, as built? (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (Please attach separate sheet.) This is the MINIMUM that is necessary and adequate, and at. the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions 8, 9, and 10 below if USE VARIANCE STANDARDS apply. (Please consult your attorney.) Othersvise~ please proceed to the signature and notary area below. Part B: REASONS FOR USE VARIANCE (if requested):' For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): (7) The applicant CANNOT realize a REASONABLE RETUR~N because: (describe on a separate sheet). (8) The HARDSHIP relates to the property and does not'appl9 to a substantial portion of the district or neighborhood because: (describe on a separate sheet). (9) The relief requested will not alter the essential CHARACTER of the neighborhood because: (describe on a separate sheet). The spirit of the zoning ordinance will be observecL--.7_ x ~/ / The public safety and welfare will be secured , SignatUre of App"Cq~t or Sworn to b~fore me this (Ag~ must submit Aui ~horized Xgen~'~L~ ation from Owner) ZBA App 08/02 Applicant: Eric McClure REASONS FOR AREA VARIANCE: 1. An undesirable change will NOT be produced in the character of the neighborhood or a det- riment to nearby properties, if granted BECAUSE: The project involves only the repair or reconstruction of existing structures. 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: There is no alternative means to achieve the desired result of making the deck areas safe and esthetically pleasing. 3. The amount of relief requested is not substantial BECAUSE: There is no increase in the "degree of non-conformity' since all element* are being re- paired, replaced, or reconstructed in-place. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE: There will be no overall change in the effect, if any, on the physical or environmental conditions in the neighborhooa[ Has the alleged difficulty been self-created? ( ) Yes (X) No Sworn to~fo~r ~e ~e~his .../..¢. ......... day of...'~,~-;~J~.., 2008. This is the minimum that is necessary and adequate, and at the same time will preserve and protect the character of the neighborhood and the health, safety and welfare of the commu- nity. ~i~~..~ J~es E. Fitzgerald, Jr/, ~gent Proper-T Permit Services Notary Public LINDA J COOPER NOTARY PUBLIC, State of New Yeti NO. 01CO4822563, Suffolk Count~ Term Expires December 31, pRoJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): Eric mcC lure If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: 38x32, less pool 12x24, plus balcony 7x28 Square footage: 1216 less 288 plus 196 equals 1124 sf B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: N/A Square footage: II. If land is vacant: Please give dimensions ~a.p, {,overall square footage of new construction: Dimension/size: 1~/~ Square footage:_ Height: Purpose and use of new construction requested in this application: Repair and maintenance IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven (7) photos/sets after staking comers of the proposed new construction. 7/02 Please note: Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. Applier: Eric ~cClur,~ QUESTIONNAnlE FOR FILI2WG WITIt YOUR Z.B.A. APPLICATION Co Is the subject premises listed on the real estate market for sale? [] Yes ~No Are there any proposals to change or alter land contours? [] Yes ~No 1) Are there any areas that contain wetland grasses? Yes 2) Are the wetland areas shown on the map submitted with this application? Iq o 3) Is the property bulkheaded between the wetlands area and the upland building area? No 4) ~f your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? N o Please confn-m status of your inquiry or application with the Trustees: Beyond 3urisdiction, 190' D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Iq o Eo Are there any .patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are subrrfitting? I~0 (Please show area of these structures on a diagram ifeny exist. Or state '~none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your prm*rfises? N o If yes, please submit a copy of your building permit and map as approved by the Building Depar~ent and describe: G. Do you or any co-owner also own other land close to this parcel? the proximity of your lands on your map with th/s application. No Ifyes, please label pool, ku~ori~ed Signature ~4tDate Please hst present use or operations conducted at th/s parcel sing 1 e - f am i ly dw e 11 i n g w i t h deck, b~Aco._n~ and proposed nse same with repair & maintenance 2/05 Pmper-T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 December 26, 2008 Chairman Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 DEC 2 6 2008 Re: Application for a Variance; SCTM # 1000-139-1-23; Eric McClure Dear Sir: Enclosed are the documents prepared in response to a request from the ZBA office. If you need more information or have any questions please call me. Yours truly,.~?~ ~.adnes E. Fitzgeral~Jr. Enclosures: Photo, property seaward of deck, 12/23/08 - 8 copies Trustees' Letter of Non-Jurisdiction, 5/29/07 - 8 copies LWRP Consistency Assessment Form - 8 copies a subsidiary of THE PECONIC EASTERN CORPORATION This photograph was taken on 12/23/08 from the property of Matt-a-Mar Marina, looking northwest across Long Creek. The McClure house is the brown structure in the center of the photograph. The edge of the deck can been seen as the light tan horizontal line immediately below the bottom of the house. , James F. gang, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 29,2007 Mr. Eric McClure 435 Westview Dr. P.O. Box 864 Mattituck, NY 11952 DEC 2 6 2008 RE: 435 WESTVIEW DR., MATTITUCK SCTM#139-1-23 Dear Mr. McClure: The Southold Town Board of Trustees reviewed your letter received on May 18, 2007 and determined the replacement of the existing pool deck and second-story deck to be out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code. Therefore, in accordance with the current Wetlands Code (Chapter 275) and the Coastal Erosion Hazard Area (Chapter 111) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, or within 100' landward from the top of the bluff, without further authorization from the Southdd Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, ~ · Jam ~. K~ng, Pres~d~r Board of Trustees JFK:lms LWRP CONSISTENCY ASSESSMENT FORM SCTMg. PROJECT NAME !000-139-I-23 McClure deck maintenance The Applicafion has been submitted to (ch~ck appropriate response): ~-~ Board of Appeals TownBoard [] P]~-nlngBoard[-~ Building Dept. ~ BoardofTrustees 1. category of Town of Southold agency action (check appropriatg'response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land Wansaction) Co) Financial assistance (e.g. grant, loan, ~subsidy) (c) Permit, approval, l/tense, certification: ~,' Nature and extent of action: . Repair, replace or reconstruct, as needed, the existing pool-surround deck, 760~- sq. ft.; second story balcony, 200~ sq. ft.; and entry deck, 70~ sq. ft. Location of action: 435 Westview Drive, Mattituck SiR acreage: 0.51 acre§ Present !and use: Single-family dwelling with pool, deck, etc. Present zoning classification: R.~40 - If an appheation for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofappl~cant: Eric HcClure 423 4th Street, Brooklyn, NY 11215 (b) Mailing address: (c) Telephone number: Area.Code ( ). 718-369-9771 (d) Application number, ifany: ZBA #6269 Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ['~ No [] If yes, which state or federal agenc~ APPLICANT: i ;RIC MeCLURE #: 1000-139-1-23 LWRP CONSISTENCY ASSESSMENT FORM Policy 1 [] YES Foster a pattern of development in the Town of Sonthold that enhances com- munity character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. ~NO [] NOT APPLICABLE The repair, replacement or reconstruction of the existing pool-surround deck, exist- ing second story balcony, and existing enlry deck is consistent with the c'haracter of the waterfront community. The s~ructures have existed in their present locations for many years and have served the property owners and the community well. Be- cause the structures have existed for many years it is felt that there is no new ad- verse impact on the desired preservation of open space. Infrastructure use is not a factor since the project is for the maintenance of existing structures and uses. The project is certainly a beneficial use of the coastal location, and there will not be even an incremental increase in development in the area. Policy 2 Preserve historic resources of the Town of Southold. [] YES ~O [] NOT APPLICABLE There is no evidence to indicate that the immediate area of the project includes his- toric features, and it is to be expected that the is unlikely to have been the site of activities of past civilizations, or of their remains or artifacts. Policy 3 Enhance visual quality and protect scenic resources throughout the Town of Southold. [] YES ~O [] NOT APPLICABLE The existing structures will continue to be inconspicuous in their present locations. The existing structures, as maintained, will be compatible with other existing resi- dential structures in the area, and will not adversely affect the dynamic landscape elements (tidal fluctuations, seasonal vegetation changes) which might contribute to ephemeral visual qualities. Policy 4 [] YEs Minimize loss of life, structures, and natural resources from flooding ~a.n~d erq- sion. [] NOT APPLICABLE It is unlikely that the proposed project would make any new conlributions to haz- ards which could result in the losses listed. Natural protective features will not be adversely affected. Policy 5 Protect and improve water quality and supply in the Town of Southold. [] YES ~O [] NOT APPLICABLE The proposed project will not have any effect upon water quality and supply. Dur- hag maintenance activities, liquid or solid wastes will not be discharged into the water or wetlands. Disturbance of the shoreline during maintenance activities will not occur. Policy 6 Protect and restore the quality and function of the Town of Southold's ecosys- temo []YEs [] NOT APmcAB The project is not located ha or immediately adjacent to the Mattimck Inlet Wet- lands Significant Coastal Fish and Wildlife Habitat. The project proposes the repair, replacement or reconstruction of existing struc- tures. During the proposed activities all statutory and regulatory requirements, at all levels of government, will be strictly complied with, and thus there will be no adverse effects upon the quality and function of the Town of Southold's ecosys- tem. Policy 7 [] YES Protect and improve air quality in the Town of Southoid. ~O [] NOT APPLICABLE The construction or future use of the project as proposed will not result in signifi- cant amounts of new air pollution. Policy 8 Minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes. [] YES ~NO [] NOT APPLICABLE The project as proposed will not result in the on-going generation of any additional solid waste. The handling and storage of petroleum products during construction will be accomplished through the use of approved containers and facilities, and methods of handling and storage in compliance with all applicable local, state and federal regulations will be followed. Policy 9 Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. This policy is not applicable to the proposed project. Policy 10 [] YEs Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy ll [] YEs Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. Policy 12 Protect agricultural lands in the Town of Southoid. [] YES [] NO ~OT APPLICABLE This policy is not applicable to the proposed project. 2 6 2008 6t7.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~plicant or Project Sponeor~ 1. APPLICANT/SPONSOR /2, PROJECT NAME : James E. Fitzgerald, Jr. - Proper-T Permit Services /McClure deck 3. PROJECT L~ATION: Munici~l~ MaRituck Coun~ Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landman~s, etc., or provide map) 435 Westview Drive Sec attached maps. Mattimck, NY 11952 5. PROPOSED ACTION IS: [] New [] Expansion [] M~t~n/alteration 6. DESCRIBE PR~ECT BRIEFLY: Repair, replace or reconstruct, as needed, the existing pool-surround deck, 760+ sq. ft.; second story balcony, 200+ sq. ft.; and entry deck, 70+ sq. ft. 7. AMOUNT OF ~ND AFFECTED: Initially ~x 0.025 acres Ultim~ely N/A acres 8. ~LL PROPOSED ACTION COMPLY NTH EXISTING ZONING OR OTHER EXISTING ~ND USE RESTRICTIONS? [] Yes [] No if No, de~ bdefly Sideyard setbacks are inadequate. 9. ~AT IS PRESENT ~ND USE IN VICINI~ OF PROJECT? Declaim:Residential [] Industrial [] Commercial Medium-size waterfront single-family dwellings. [] ~d~ltum [] Pa~FomsFO~n Spa~ [] ~er 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDE~L, STA~ OR LOCAL)? [] Yes ~ No If Yes, list agent(s) nama and ~rmiEapprovals: Southold ZBA, Southold Building Department, NYSDEC 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agent(s) nama and ~iFapprovals: 12. AS A RESULT OF PROPOSED ACTION ~LL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes []No I CERTI~ T~T T~IN~N ~TION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KN~EDGE ,Il OVER I Reset APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Towu officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Eric t~cC lure (Last name, first name, middle initial, unless 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 XX Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a parmership, 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 XX If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~ day of A~',r~5 ;7 2F.~ ~ Signature: ~ '~. /t~ ~ Print Name: Eric Ivic~'lur e Proper- T Permit Services POST OFFICE BOX 617, CUTCHOGUE, NEW YORK 11935-0617 (631) 734-5800 December 19, 2008 Chairman Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 Re: Application for a Variance; SCTM #1000-139-1-23; Eric McClure Dear Sir: Enclosed are the documents prepared in support of the application for a variance and appeal from the decision of the Building Inspector for the repair, replacement or reconstruction, as needed, of the existing pool-surround deck, second floor balcony/deck, and entry deck on the property of Eric McClure located at 435 Westview Drive in Mattituck. Proper-T Permit Services represents Mr. McClure in this matter, and a letter of authorization is attached. If you need more information or have any questions please call me. Enclosures: Application Fee (check, $400) Application (8 copies) Project Description (8 copies) Letter of Authorization (8 copies) Transactional Disclosure Form (8 copies) ZBA Questionnaire (8 copies) Notice of Disapproval (8 copies) Short EAF (8 copies Vicinity Map (8 copies) Tax Map (8 copies) Comments concerning LWRP (8 copies) Survey of Property (8 copies) Construction Plans (8 copies) Town Property Card (8 copies) Project Site Photos (8 copies) Photo View Angles (8 copies) Yo~s truly, //~es E. Fitzgera~ a subsidiary of THE PECONIC EASTERN CORPORATION 423 4th Sl~eet Brooklyn, New York 11215 Chairman Southold Town Board of Appeals Post Office Box 1179 Southold, New York 11971 Dear Sir: Please be advised that I hereby designate and authorize James E. Fitzgerald, Jr. of Proper-T Permit Services to act in my behalf as my agent in the submission and processing of an appli- cation for a variance required to reconstruct certain portions of the various deck areas on my property located at 435 Westview Drive in Mattituck and designated by Suffolk Cotmty Tax Map No. 1000-139-1-23, and to furnish, upon request, supplemental information in support of the application. Eric McClure 193~ THEAREAOFTHEPROPOSED PROJECTISCIRCLED IdA1 TITU C[~ I }52 NEW $ VICINITY MAP Application regarding thc property of Eric McClure, SCTM #1000-139-1-23 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 63 t-734-5800 September 5, 2008 THE SITE OF THE PROPOSED PROJECT IS SHADED TA~ ~ Application regarding the property of Eric McClure, SCTM #1000-139-1-23 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 September 5, 2008 Comments concerning the applicability of the LWRP: The Town Code, §268-3, states, in part: "MINOR ACTIONS Include the following actions, which are not subject to review under this chapter: B: Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion HaTard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit." The proposed project is not located within the Coastal Erosion Hazard Area. PHOTO VIEW ANGLES Application regarding the property of Eric McClure, SCTM #1000-139-1-23 Represented by PROPER-T PERMIT SERVICES P.O. Box 617, Cutchogue, NY 11935 James E. Fitzgerald, Jr. 631-734-5800 September 5, 2008 NEW YORK STATE DEPARTIvIENT OF ENVIRONMENTAL CONSERVATION DEC PERMIT NUMBER 1-4738-02633/00001 FACILITY/PROGRAM NUMBER(S) SAPP PERMIT Under the Environmental Conservation Law IEFFECTIVE DATE August 16, 2007 EXPIRATION DATE(S) August 15~ 2012 I TYPE OF PERMiT ~=New []Renewal DModification [] Pe[roit to Construct [] Permit to Operate I [] Article 15, Title 5: Protection of Wa- ters [] Article 15, Title 15: Water Supply [] Article 15, Title 15: Water Transport [] Article 15, Title 15: Long Island Wells [] Article 15, Title 27: Wild, Scenic and Recreational Rivers [] 6NYCRR 608: Water Quality Certification [] Article 17, Titles 7, 8: SPDES [] Article 19; Air Pollution Control [] Article 23, T'rtle 27: Mined Land Reclamation [] Article 24: Freshwater Wetlands · Article 25: Tidal Wetlands [] Adicle 27, Title 7; 6NYCRR 360: Solid Waste Management [] Article 27, 'l'rde 9; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastal Erosion Management [] Artide 36: Floodplain Management [] Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO Eric W. McClure ADDRESS OF PERMITTEE 423 4~ Street, Brooklyn NY 11215 TELEPHONE NUMBER (718) 369-9771 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER NAME AND ADDRESS OF PROJECT/FACILITY McClure Property, 435 Westview Ddve, Mattituck LOCATION OF PROJECT/FACILITY SCTM # 1000-139-1-23 COUNTY ] TOWN WATERCOURSE [ Suffolk Southold Long Creek Description of Authorized Activity NYTM COORDINATES E:706.9 N:4541.4 Reconstruct in-place the ground level deck and second story deck. All work shall be performed in accordance with the plans prepared by Eric W. McClure on 6/25/07, and stamped NYSDEC approved on 8/16107. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable lUlatJons, the Gen~';~l Conditions specified (see pages 2 - 4},.a~i-'ar~ecial Conditions included as part of this permit. PERMIT ADI~S't/RATOR: // I ;,Sl~NY@Stony Brook; 50'~Circle Road: Stony Brook NY 11790-3409 /John A. V~elar}d (mrp) OR DIG UE Au~lust 16, 2007 TOWN OF SOUTHOLD PROPERTY RECORD CARD -~;~(~? ~I./¢' OWNER OILMER OrtNER - I STREET ~-- -'" VILLAGE DISTRICT SUB. ACR~,GE ,3 3 0 LOT TYPE OF BUILDING NEW ' I SEAS. FARM COMM. Est. Mkt. Value VL. IMP. TOTAL ~ ~oo . ~!~J NORMAL DATE BELOW ABOVE Farm Acre Value Per Acre Value Tillable 1 Tillable 2 Tillable, 3 Woodland Swampland Brushlana ' Ho~e Plot Total REMARKS : ' ' F ~N WATER F~O~,A~ ON ROA~ BULKH~D ~1 ~ / ~ Extension Extension ~t-ounaat on 7~oIBasement iExt: Walls Fire Place Bath I ~.~ ~'~ nterior Finish Porch j iRooms 1st Floor Patio Rooms 2nd Flor Driveway Dormer · 'B,~g.' ,,~ '2 ;:,' . ' , ~.~.-~,~ ~Foundation Extension~ .- J Bosement Extension Ext. Wails Bath Floors Interior Finish ELIZABETH A. NEVII.!.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 24, 2008 Zoning Appeal No. 6269 Transmitted herewith is Zoning Appeals No. 6269 of James E. Fitzgerald, Jr. for Eric McClure - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Cover Letter from Proper-T Permit Services Listing Items Sent Dated December 19, 2008, Authorization Letter form Eric McClure to James E. Fitzgerald, Jr. to Represent him in this Matter, Vicinity Map Showing Proposed Project Area, Tax Map of Proposed Project Lot (Shaded Area), Comments conceming the Applicability of the LWRP, Notice of Disapproval from Building Department Dated November 24, 2008, 2 Pages of Photos Showing Site Prepared by Proper-T Permit Services, Site Map of Photo View Angles Prepared by Proper-T Permit Services, Copy of Property Record Card (Both Sides), Copy of Survey Showing Existing Construction Dated September 24, 2007 Prepared by Albert W. Tay LC, Architects Plans Showing Existing Construction & Plans Dated June 5, 2007 Prepared by Keri Kazel Architect, PC, Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 12/23/08 * * * RECEIPT * * * Receipt~: 32195 Transaction(s): 1 1 Application Fees Reference Subtotal 6269 $400.00 Check#: 2820 Total Paid: $400.00 Name: McClure, Eric W 435 Westview Drive Mattituck, NY 11952 Clerk ID: CAROLH Internal ID: 6269 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12/23/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP I~ECEIVED 6269 McCLURE, Eric 2820 $400.00 23 ~ou~.h, ~id Town Clerk $4O0.0O 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 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 23, 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. 6269 (McCLURE) Dear Mark: We have received an application for reconstruction of a deck addition and pool surround, 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 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 December 23, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Piease find enclosed the following application with related documents for review pursuant to Article XlV of the Suffolk County Administrative Code: ZBA File #6269 Action Requested: Within 500 feet of: Owner/Applicant: McCLURE Setback and 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 Proper-T Permit ServicesP.o. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 MEMORANDUM TO: Building Department FROM: James E. Fitzgerald, Jr. SUBJECT: Eric McClure; SCTM #1000-139-1-23 435 Westview Drive, Mattituck DATE= November 7, 2008 ~ '~ DG. DEPT. TOWN OF The "Notice of Disapproval" for this project has expired; the project is unchanged. Would you please issue a new disapproval? A check for $50 is enclosed. ' Proper- T Per'mit Services V t %65' P.O. Box 617, Cutchogue NY 11935 Phone: 631-734-5800 Fax: 631-734-7463 MEMORANDUM DATE: 4/22/09 TO: Linda - ZBA FROM: Jim Fitzgerald SUBJECT: ZBA//6269, Eric McClure; SCTM 1/1000-139-1-23 APR 2 2 2009 Here are three post office receipts for the notification mailings: · Gerald McGinty · Sheila Wuensch & Lorraine Andrade · Craig Rosenberg One receipt was not received, and I was not able to insure that he received the notice: · Mark Scott Wigley 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.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 23, 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~ APRIL 23, 2009: 11:10 A.M. ERIC McCLURE # 6269. Request for Variances under Section 280-124 based on the Building Inspector's November 24, 2008 Notice of Disapproval concerning proposed deck construction (surrounding pool) which will be less than the code required minimum single side yard setback of 15 feet and less than the minimum required combined side yards of 35 feet, after removal of an existing preexisting deck, at 435 Westview Drive, Mattituck, adjacent to Long Creek; CTM Parcel # 139-1-23. 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: April 2, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 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: ht~://s outhtown.nor thfork.net ,2009 Re: Town Code Chapter 55 - Public.Notices for Thursday, April 23, 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 April 7t~ ' Please send the ~cloSed Legal Notice, with both a Cover Letter including your telephone number and a, cep~ of your Survey or Site Plan (filed with this application) which shows the · new constru~tiOn.~area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, Which abuts and any property Which is across from any public or pflvate 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 etter s returned to you unde. liverab e, you are requested to make.other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made .in either a written statement, or during the hearing, providin.q the returned letter to us as soon as possible; AND not later tha (form enclosed) w office with the whil are returned to yoL hearing. If any sig provide tlie card (~ Notices. I April 9th: ' Please either mail or deliver to our office your Affidavit of Mailinq - ~h parcel numbers, names and addresses noted, and furnish it to our receipts postmarked by the Post Office. When the green signature cards by the Post Office, please mail or deliver them [o us before the scheduled ature card is not returned, please advise the Board during the headng end hen available). These will be kept in the permanent record as proof of all 2) Not Later April 13th: 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 yourAffidavit of Postin.q for receipt by our office on April 16, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for.your cooperat on (PLEASE DISPLAY YOUR HOUSE NUMB ER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. ZON1NG BOARD OF APPEALS TOWN OF SOUTHOLD, NEW YORK In the Matter of the Application of ERIC McCLURE Regarding Mailing of Notice Concerning Applicant's Land Identified as SCTM #1000-139-1-23 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING OF NOTICE I, James E. Fitzgerald, Jr., residing at 385 Haywaters Drive, Cutchogue, New York 11935, being duly sworn, depose and say: That on the 7th and 8th day of April, 2009, I personally mailed at the United States Post Of- fice in Cutchogue, New York 11935, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, tree copies of the attached Legal Notice in prepaid envelopes addressed to cur- rent owners shown on the current assessment roll verified from the official records on file with the Assessors, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Dated: April 8, 2009 ~ /i-~ ames E. Fitzgerald/Jr. Sworn to before me thins 8th day of Apri!~ 2009. f ~ LYNDA M BOHN NOTARY PUBLIC, State of New York NO. 01B06020932, Suffolk County Term Expires March 8, 20.[L. TO: Date: iR~lSril 6, 2009 Adjacent Property Owners (Names and addresses are listed on the attached sheet.) ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD NOTICE TO ADJACENT PROPERTY OWNER In the matter of: Eric W. McClure, SCTM #1000-139-1-23 YOU ARE HEREBY GIVEN NOTICE THAT: 1. An application has been submitted to the Zoning Board of Appeals for a variance to allow: Repair, replace or reconstruct, as needed, the existing pool-surround deck, 760± sq. ft.; second story balcony, 200± sq. ft.; and entry deck, 70± sq. ft. The project described above is proposed on property adjacent to yours. The street ad- dress of that property is as follows: 435 Westview Drive, Mattimck, NY 11952 A public hearing will be held at Town Hall at or about 11:10AM on Thursday, April 23, 2009, as specified in the attached legal notice. The contact person for this project is: James E. Fitzgerald, Jr. Proper-T Permit Services PO Box 617 Cutchogue, NY 11935 631-734-5800 The project described above will be reviewed by the Zoning Board of Appeals of the Town of Southold. The project may require independent review and approval by other agencies of the Town, State, or Federal governments. PROPERTY OWNER'S NAME: MAILING ADDRESS: PHONE NO.: Eric W. McClure 423 4th Street Brooklyn, NY 11215 718-369-9771 A copy of a sketch or plan showing the proposed project is enclosed for your convenience. McCLURE: ADJACENT PROPERTY OWNERS NOTICE NOT SENT (PROPERTY OWNER) 1000-139-1-23 Eric W. McClure 423 4t~ Street Brooklyn, New York 11215 NOTICE SENT 1000-139-1-22 Mark Scott Wigley 535 Westview Drive Mattimck, New York 11952 1000-139-1-24 Gerald McCfinty 355 Westview Drive Mattituck, New York 11952 1000-139-1-12 Craig Rosenberg PO Box 1220 Aquebogue, New York 11931 1000-139-1-13 Sheila Wuensch and Lorraine Andrade 460 Westview Drive Mattituck, New York 11952 April 3, 2009 m mi USE I ru Cer~ied Fee ~:~ Return Receipt Fee 1~3 (Endorsement Required) Rest~ctnd Deiively Fee r-~ (Endorsement Required) m Certified Fee ,~ I tde m Certified Fee Return Receipt Fee Endorsement Required) Restricted Deiive~j Fee Endorsement Required) m Postage Ceriified Fee Return Receipt Fee (Endorsement Required) Restricted Deliver/Fee (Endorsement Required) Total Postage & Fees ~0.42 $2.70 14 rk $2.20 2 0~/07/2009 [se.tro ~ark Scott Wigley 1 ~;~-~;:~? ................................... -.. ............... : .................. [o~'O'~oxNo. 535 Westvlew Drive 1 '~i~, ~-~;~.i~.~ ..................................................................... · Complete items 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 mailplese, or on the front if space pmrnits. 1. A~cle Addressed to: [] Addressee C..D~:9 of Delivery Gerald HcGinty 355 Westview Drive Hattituck NY 11952 ~Certlfled Mail [] Expmes Malt RegL~tered [] Return Receipt for Memhandise [] tnsured Mail [] C.O.D. Res~cted Oaiive~j? (Extra Fee) i-I Yes 2. A~tlcle Number ('rraes f~r from ~ ~ PS Form 3811, February 2004 7005 3110 0000 2766 Domestic Return Rec~pt 3z 6, · Complete Items 1,2, and 3. Also complete item 4 if ResUtcted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpi~ce, or on the front if space permits. 1. ~iaie ~dress~ to: j~ Sheila Wuensch ~ ~ ~ Lorraine Andrad~ i~ 460 Westview Drive :.~:~ Mattituck NY 11952 2..Nticle Number Sign Rec~aivedby(Prlnte~N;ame~)~.. J 9~ Date of Delivery PS Form 3811, February 2004 '~ ~,.~enter daiive~, sddress below: [] No [] Ey43mss Mail [] R~um Receipt for Merchandise [] C.O.D. 4. Rest~cted Delivery? (Ex~a F~e) [] Yes 7008 1300 0001 7023 5382 Domestic Return Receipt · '~omplete items 1, 2, and 3. Also complete item 4 ~f 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 mailpiece, or on the front if space permits. 1. Article Addressed to: Craig Rosenberg PO B~x 1220 Aquebogue NY 11931 3. Se~lce Type ~[~Ce~fled Mai[ [] Mail Express [] Registered [] Return Receipt for Merchandise [] Ir~ured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] yes 2. A~icle Number c'rrar, sfer~m,.~e~'~e~a~ 7008 1300 0001 7023 5375 PS Form 3811, February 2004 Dernes~ Retum Receipt 102595-02~-1540 ;quests:,~ ~a~iahe~..uad~x KATI-T~RiN~g ' B3:C C I IoE . ~ ~h~:P.M~M~:and T~ERF~SE Box east that land;,CTM !0~0?~-D, - . :,. ,'10:35~A.M~ DAVID 'BERWALD~ # 6250, Raqaest for Va~$e~ ~der :S~C. ~ea. 10, 20~ N~ 0iD~p~t6~a~:: e6~ ~ ~U o~ Ap~,W n hfa~ a'll ~g proposed fi~ ~e~g ~n~ion (after ~mo~on of~e~ ng ad ac~nt to '~ ~ng ,~lana:~ea;o~O~p~fbi~ ~ ,r -' AL & ~ ~g. ~Ster's :~ended O~b~ 20, pmval:. ~c~g 'Pm~ setback ~fl lot coverage hon-co~or- ~'6~7~t f~:Sp~on ~f{~ e~g p~:de~, at 435 m a~ ~:~d? SeC~o~ ~ ~ ~a~,adja~n~:~~ ~g of b~t'for up to"ten (10) '~ N6fi~ of'D~pm~t;~n~ 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 9th day of April, 2009. Principal Clerk Sworn to before me this day of~ 2009. CHRISTINA VOLINSKI 'NOTARY PUBLiC-STATE OF NEW YORK NO. 01.V06105050 Qualified In SuffOlk County NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME McCLURE, ERIC #6269 MAP # 139-1-23 VARIANCE SETBACKS REQUEST DECK & POOL SURROUND DATE: THURS,APRIL 23, 2009,11:10 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 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 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 TO: REFERENCE:: FACSIMILE TRANSMITTAL SHEET TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 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: Thankyou. Sender's In/rials: SoUthold Town Board of Appeals ACTION OF THE ZONING BOARD OF APPEALS Appeal NO. 3388 Application 9ated July 3], 1985 TO: Richard F. Lark, Esq. as Attorney for MRS. PAMELA J. SELLARS Main Road, Box 973 Cutchogue, NY llg35 [Appe!leDt(s)] At a Meeting of th~ Zoning Board of Appeals held on August 22, 1985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article III , Section 100-31, Bulk Schedule [ ] Request for Application of PAMELA J. SELLARS -.~niance to the Z~ning Ordinance, Article III, Section 100-31, Bulk SchedUle, f6r'lperm'iss~on to construct attached garage addition with an insufficient 6as~erly stdeyard setbac~ and insufficient total sideyards. Location of Property: South Side of Westview Drive, Mattituck, NY; .County Tax Map District 1000, Section 139, Block O1, Lot 23. WHEREAS, a public hearing was held and concluded on August 22, 1985, in the Matter of the Application of PAMELA $. SELLARS, Appeal No. 3388; and WHERE~S~ the board members have considered all testimony and docu- mentation entered into the record in this matter, and it is noted that there has been no public oppos'i'tion; and WHEREAS, the board m~mbers are personall~ familiar with the premises in question and the surrounding p.roperties; and. WHEREAS, the board made the following findings of fact: 1. By this application, appellant proposes to construct a 18' by garage addition at the northeast section of the existing single-family dwelling which would reduce the easterly sideyard to nine feet and reduce the total sideyards to 21± feet. 2. The parcel in question contains an area of approximately 22,000 sq. ft. with 64.63 frontage along Westview Drive, and is improved with a siegle-family, one-story frame house set back from the ea.sterly side at ~2. feet and from the westerly side 12 feet as shown on survel furnished at the hearing dated November 17, 1976. 3. The bulk schedule of the zoning code allows a principal dwelling structure in the "-A" Residential and Agricultural Zone to be constructed at not less than 10 feet for one sideyard, and not less than 25 feet total.sideyards 4. The relief requested by the applicant is one-foot% or 10% Jfa variance for one sideyard, and four feet, or 16% of a varlance for the .... .(CONTINUED ON PAGE TWO) DATED: Septembe~ 9,')~85. CHAIP~J~N, ~OUTHOLD TOWN ZONING OF APPEALS Form ZB4 (rev. 12/81) -~ Page 2 - Appeal No. 3388 Matter of PAMELA J. SELLARS Dec~on Rendered August 22, 1985 total sideyards. 'In consider'in'§' this appeal, the bo~rd has found that this proposal is not unreasonable under the circumstances and is granted as condi~ tionally noted below since: (1) the relief requested is not substantial in relation to the requirements of the zoning code; (2) there will be no substantial change in the character of this district; (3) the relief requested will not cause a substantial effect of any increased population density ~ince the property will continue to be used for single-family purposes; (4) the relief requested is net detrimental to adjoining properties; (5) the circumstances are unique in light of the established narrowness of the lot in question; (6) in view of the manner in which the difficulties arose, there is no other method feasible for the applicant to pursue other than a variance; (7). the relief requested is the minimal necessary. . Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that th'e relief requested under Appeal No. 338B in the Matter of the Application of PAMELA J. SELLARS for permission to censtruct 18~ by 19' addition with reduction of the easterly sideyard at nine feet and total sideyards at 21 feet, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. The e~sterly line never be reduced to less than nine feet; 2. The ~easterly yard area remain open and unobstructed at all times the full w~dth of nine feet to gain access as .necessary. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk GERARD P. GOEHRINGER, C~HA~RMAN September 9, 1985 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 May ~1, 2009 Jim E. Fitzgerald Proper-T-Permits P. O. Box 617 Cutchogue, NY 11935 Re: ZBA #6269 - Eric McClure Variance application Dear Mr. Fitzgerald: Transmitted for your records is a copy of the Board's May 19, 2009 Findings, Deliberations and Determination, the original of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building Inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the Building Department. If you have any questions, please feel free to call at any time. Very truly yours, Encl. Copies of Decision to: Building Department Planning Board Town Clerk (Original for filing) Linda Kowalski TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southoid/ Examined Approved Disapproved a,c.//I ti ( ,20 ,20 Expiration ,20 PER31IT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, befbre applying'? Board of Health 4 sets of Building Plans Plmtning Board approval Survey ........ Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: Phone: -- b f* Building Inspector i ,-... --- APPLICATIONFOR BUILDING PERIdlT - ~'7 ~' ; / Date ~;~5~/, 20 aW INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any propose what so ever until the Building lnspeclor issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months frotn such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit fbr an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building ~:br necessary inspections. ~,//~¢~.,~. ,. (Signature of ~t~plicant or name, if a corporation) (Mailing address ofapplic~ant) / State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises ~f--~c._ ~,/, /~'ffd.~-/:E ,~,y..o ~___~//'z/ (As on the tax roll or latest deed) If applicant is a corporation, si,~ature of duly authorized officer (Name and title of corporate officer) Builders LicenseNo. Plumbers License No. Electricians LicenseNo. 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 Ot/ Lot Filed Map No. ~mJ~m~ ~ State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ff, Ez,,~6t*,'w?~L. .~'~,6-t._~ - ~'~,-,~ b. lntended useandoccupancy t~d-5~T'/,~c- ~-~_~ ~C~,,,,Z._7 (/'~o C~~6-E) 3. Nature of wo~ (check which applicable): New Building Addition Alteration Repair ~ Removal Demolition Other Work Estimated Cost ¢/~, ~ Fee (Description) If dwelling, number of dwelling units If garage, number of cars (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Depth Height_ Number of Stories Rear 9. Size of lot: Front 10. Date of Purchase Dimensions of entire new construction: Front Height Number of Stories Rear ~ff.. tO FT. Name of Former Owner Rear _Depth Depth ~'~ 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES 13. Will lot be re-graded? YES NO V Will excess fill be removed from premises? YES__ 14. Names of Owner of premises ,t~<_//P~ ~_~g~ Address/'/:~:~/,v~rFt6~,Pe. Phone No. Name of Architect /<"E~l t¢,4-Z.~ AddressT-? ~..~4~'. c/~k'PhoneNo Name of Contractor Address Phone No. 15 a. Is this property within 100 feet ora tidal wetland or a freshwater wetland? *YES I/r NO ~ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES v/ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO N0 v/ dS1- 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.v/ 18. Are there any covenants and restrictions with respect to this property? * YES__ NO · IF YES, PROVIDE A COPY. STATE OF NEW YORK) .~ .. SS: cot n ~l'i( H( (i {I.)~k_ 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, Corporate Officer, etc.) of said owner or owners, and is duly authorized to pertbnn or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the maturer set forth in the application filed therewith. Signature off/Applicant