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Home My WebLink About6250 ',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 SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 RECEIVED ,, cr'~ Led- JUN ~' 2009 Southc~d Town Clerk FINDINGS, DELIBERATIONS AND DECISION MEETING OF: MAY 28, 2009 ZBA FILE # 6250 - DAVID BERWALD, Applicant PROPERTY LOCATION: 1525 Aquaview Avenue, East Marion CTM Parcel 22-2-3 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 December 5, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is an 8,150 sq. ft. non-conforming lot in a Residential R- 40 District with 51.12 feet along Aquaview Avenue, 277.04 ft. along the westerly property line, and 283.82 ft. along the easterly property line. It is improved with a single-story framed residence and a framed accessory garage. BASIS OF APPLICATION: Request for Variances under Sections 280-124 and 280-116A(1) based on the Building Inspector's November 10, 2008 Notice of Disapproval concerning proposed new dwelling construction (after demolition of the existing dwelling). The new construction will be less than the code required minimum: (a) single side yard at less than 10 feet, (b) combined side yards at less than 25 feet, (c) setback less than 100 feet to the bluff adjacent to the Long Island Sound. In addition, a variance is requested for lot coverage in excess of the code limitation of 20 percent of the lot size after deducting land area below the top of bluff. LWRP DETERMINATION: A Letter dated April 22, 2009 confirming inconsistency was submitted to the Board of Appeals under Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. Zoning Code Chapter 280-116A requires that all buildings and structures adjacent to sounds be set back no fewer than 100 feet from the top of such bluff or bank. In this variance application, the pre-existing, non-conforming existing foundation upon which a new dwelling is proposed after demolition of the existing dwelling is 53 feet from the top of the bluff on Long Island Sound. Since there is no proposed additional non-conformance in the setback from the bluff, the Board finds that implementing measures to minimize storm water runoff, such as a non-turf buffer and gutters, leaders and a drywell, the inconsistency with LWRP policy can be mitigated. Page 2 - May 28, 2009 ZBA # 6250 - David Berwald CTM 22-2-3 RELIEF REQUESTED: The applicant proposes to demolish his existing single-story dwelling to the foundation and basement, and to construct a new two story dwelling over the existing foundation with an addition on a new foundation, landward of the existing dwelling. The pre-existing non-conforming single side yard setback of 5.1 feet (the code requires a minimum of 10 feet) and total side yard setback of 13.6 feet will be maintained (the Zoning Code requires a minimum of 25 feet). The existing non-conforming lot coverage of 21.7% was proposed in the original application to be 28.7% with the new addition. The existing set back from the bluff along Long Island Sound of 53 feet will be maintained (the code requires a minimum of 100 feet). The existing accessory garage and septic system in the front yard will be maintained. AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. On May 1,2009, the applicant's attorney, Ms. Patdcia Moore, submitted a letter dated Apdl 30, 2009 to the Board of Appeals with an attached partial fist floor plan by Nancy Dwyer, Design Consulting, Inc., showing a reduction in the size of the proposed entry porch, pergola and hot tub area to 152 square feet amounting to 66 square feet less than originally proposed. This re-design reduces the proposed lot coverage from 28.7% to 27.9%as confirmed by John T. Metzger (Peconic Surveyors). ADDITIONAL INFORMATION: At the public hearing on April 23, 2009, the applicant and his attorney, Patricia Moore, agreed after discussion to reduce the proposed lot coverage, and to submit an amended application, with a letter from their engineer regarding the structural soundness of the existing foundation upon which the proposed new dwelling will be constructed. On May 14, 2009 the Board received a copy of a letter dated November 13, 2008 from James Deerkoski, Professional Engineer, and survey addressed to the Town of Southold Trustees confirming the structural soundness of the existing foundation. An amended May 28, 2009 survey prepared by John Metzger confirms the percentage of lot coverage as amended to be a maximum of 27.9%. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law ~267-b(3)(b)(3)(1). Grant of the variances as applied for in the amended application will not produce an undesirable change in the Character of the neighborhood or a detriment to nearby properties. The proposed addition to the existing footprint is landward of the existing structure, located between the garage and house and will be partially shielded from the street and have no adverse impact on the bluff. The property is screened from the neighbors by a high hedge. The second story addition has Iow roof peaks and is in keeping with other styles and house sizes in the area. The existing setbacks will be maintained, other than the front yard which will be reduced by the proposed new addition. 2. Town Law ,~267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The subject parcel is narrow and deep and has pre-existing non-conforming side ya~:d and bluff setbacks. The existing lot coverage is already beyond the percentage permitted by code. The existing accessory garage is relatively new and will be maintained and there is no public water available so there is no ability to relocate the existing sanitary system to an alternative location. 3. Town Law ~267-b(3)(b)(3). The variance granted herein as amended for the lot coverage of 27.9% as proposed in the amended application is 7.9% more than the code permits and is substantial. The variances for setbacks are not substantial in that the lot is only 50 feet wide and the pre-existing non-conforming setbacks are being maintained. 4. Town Law ,~267-b(3)(b)(5). The difficulty has not been self-created. The existing house.was'built in the 1960's and does not meet current building codes and setback requirements. The current dwelling is only 800 sq. ft. and is not adequate for a year round house Howeverl the lot coverage is a self-created difficulty in so far as the applicant Page 3 - May 28, 2009 ZBA # 6250 - David Berwald CTM 22-2-3 could have chosen to expand the size of his new house without expanding the existing footprint, using only a · proposed new second story addition. 5. Town Law .~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. The proposed new house will not encroach toward the bluff, the existing foundation will be retained, and the additional square footage to the footprint is proposed on the landward side of the house. Retaining the existing foundation will limit activity adjacent to the top of the bluff. The bluff has no bulkhead and is heavily vegetated and in stable condition. 6. Town Law ,~267-b. Grant of the amended relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an enlarged, year round house, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law'267-B, motion was offered by Member Weisman, seconded by Member Simon, and duly carried, to GRANT the variances as applied for, and shown on the May 28, 2009 amended survey and partial first floor plan by Nancy Dwyer, Design Consulting, Inc. dated April 30, 2009 attached to a letter from the applicant's attorney Patricia Moore, subject to the following Conditions: 1. Silt fencing and straw bales must be installed along the bluff dudng construction. 2. Gutters and leaders and a drywell must be installed to capture roof rainwater runoff. 3. A minimum 10 foot non-turf vegetative buffer shall be established and continuously maintained within the Coastal Erosion Hazard Area on the subject property designed to minimize storm water runoff. 4. Should the existing foundation need unexpected repairs or partial replacement, said repairs and replacements must be made within the existing foundation footprint as needed. 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. 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),~ Scb,,~at'd~CT~Member ~/eisman was absent). This Resolution was duly adopted (4-0). ~,~., - /~//j~//~ ~E,'t~RD P. GOEHRINGER, CHAIRMAN/~> ~-J2009 pproved for Filing 5ERWALD RESIDENCE , I PROPOSED FRONT ELEVATION NEW' CONSTRUCTION ( PROPOSED RIGHT 51DE ELEVATION ZBA revisions PROPOSED FIRST ffLOOl~ PLAN NAY I F'~ t6 ~- , Z L~ 1>o~. FINAL MAP REViEwED BY ZBA-d~ ~ ~ SEE DECISION ~ ~ ~ m DATED ,~ i~t~o~ I 2009 PAGE. PATRICI~'C. MOORE, ATTORNEY A'I'[.AW 020 Main Road, Sou~old, NYl1971 (631)~65~330 SIGNED SCDHS ReL# R10-05-0016 I om fomilior wifh lhe STANDARDS F'OR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYST£MS FOR SINGLE FAMI£ Y RESIDENCES one will abide by the .condifion$ sef forfh therein ond on the permit fo construcf. The Iocofions of wells ond cesspools s~om~ hereon ore from fielE ~nd or from clara o~toined from others. 500t40, i ~ SURVEY OF' PROPERT. Y A T EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000 - 22 - 2 - 3.0 Sca/e: 1" = 30' Aug. 22, 1997 .Auq~ 29, 2008 ' . SEP¥: I1~ gO0,9 laddilions) May "% ¢re VJ$]O q ~:) ,lUll - 1 ~ LOT COVERAGE TO COASTAL EROSION HAZARD AREA TO COASTAL ~ROSION HAZARD LINE ' 8150 sq. ff. . . EXISTING - 1770 sq. fl. lEISO sq. fL 21.7~ PROPOSED: ~75 $~I. fl./8150 s9. ft. co~TOUR L~Es ARE REFERENCED TO THE FIVE EASTERN TOWNS TOPOGRAPHIC MAPS TEST HOLE 4/2 710'~ ' ; PREPARED FOR P~ TTy BERWALD AREA = 14,022 sq. fL to tie line COASTAL EROSION HAZARD LINE FROM COAST c Aec'4' "0 ,_,~.~t_ EROSION HAZARD AREA MAP Pholo 50-6/?-83 RAIN R~NOFF NE~. CONSTRUCTION f~70 ~q. ft. x 0.17 x I = 250cu. fL 250/42.2- = 5.9 VF. PROVIDE I DHYWELL- 8'~ ~ 6' DEEP ANY AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLA TION OF SECTION 7E09 OF THE NEE YORK STATE EDUCATION LAW~ EXCEPT AS PER SECTION 7Eog-sUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COF/~S BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIENA TURE APPEARS HEREON. ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM 'ALTERED BY' MUST BE USED 8Y ANY AND ALL SURVEYORS UTILIZING A COPY OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'INSPECTED' AND 'BROUGHT'TO'DATE' ARE NOT IN COMPLIANCE WITH THE LAY/. FINAL MAP:' REVIEWED SEE DECISION# DATED / I__ I00.00' VENUE ' ~ ~" . LIC. NO. ~9618 1230 T~ STREET SOUTHOLD~ N.Y. 11971 97- 297 FORM NO. 3 NOTICE OF DISAPPROVAL TO: Patricia Moore (B~erwaid) 51020 Main Road Southold, NY 11971 Please take notice that your application dated November 5, 2008 DA[ IE: November 10, ~-00~8 For permit for demolition of an existing single family dwelling and construction of a new single family dwelling at Location of property 1525 Aquaview Avenue, East Marion County Tax Map No. 1000 - Section 22 Block_2 Lot 3 Is returned herewith and disapproved on the following grounds' ~ The proposed construction, on this non-conformin g 14,022 s~t,ar~ foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring less than 20,000 square feet in total side, require a minimum single side yard setback of 10 feet, a total side yard setback of 25 feet, and a maximum total lot coverage of 20 percent. Following the proposed construction, the single family dwelling will have a single side yard setback of 5.1 feet, a total side yard setback of 13.6 feet, and a total lot coverage of 28.7 percent. In addition, the proposed construction is not permitted pursuant to Article XXII Section 280-116 A (1), which states; "All buildings or st.ructures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluffor bank." Follcwing'tho.p. ropo'~eTd-~bnstruction, the dwelling will have a setback of 53 feet from the b CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: November 10, 2008 AMENDED & RENEWED: April 6, 2009 TO: Patricia Moore (Berwald) 51020 Main Road Southold, NY 11971 Please take notice that your application dated November 5, 2008 For permit for demolition of an existing single family dwelling and construction ora new single family dwelling at Location of property 1525 Aquaview Avenue, East Marion County Tax Map No. 1000 - Section 22 Block2 Lot3 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 8,150 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring less than 20,000 square feet in total side, require a minimum single side yard setback of 10 feet, a total side yard setback of 25 feet, and a maximum total lot coverage of 20 percent. Following the proposed construction, the single family dwelling will have a single side yard setback of 5.1 feet, a total side yard'setback of 13.6 feet, and a total lot coverage of 28.7 percent. In addition, the proposed construction is not permitted pursuant to Article XXII Section 280-116 A (1), which states; "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluffor bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluffor bank." flowing the propd//~co~~' const ction, the dwelling will have a setback of 53 feet from the bluff. CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. 0"5/28/2009 12:03 FAX 631 765 4643 4 MOORE LAW OFFICES ~ ZBA PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 ~ 001 FACSIMILE COVER SHEET The pages comprising this facsimile transmission contain confidential information from Patdcia C. Moore. This inf~rmati~n is intended s~~e~y f~r use by the individua~ entity named as the recipi~nt hera~f~ If you ara not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of this transmission is prohibited, If you have received this transmission in error, please notify us by telephone immediately so we may arrange to retrieve this transmission at no cost to you. RE: S-lz lo TOTAL NUMBER OF PAGES INCLUDING COVER SHEET IF TRANSMISSION IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AS POSSIBLE. CLIENT NAME: OPERATOR: comments: s? 05/14/2009 14:55 FAX 631 765 4643 MOORE LAW OFFICES .lAMES J. DEERKOSKI, P.E. 260 Deer Drive Matlituck, N.Y. 11952 (631)298-7116 Date: November 14, 2008 To: Re: Town of Southold Trustees Foundation Inspection David Berwald 1525 Aquaview Ave. East Marion, NY 11939 SCTM# 1000-22-2-3.0 MaY { 4 200{ ~o !. ~ ::... ~ ~ ;:i~ ?:',~.SJ OO2 To Whom It May Concern: This letter certifies that the foundation at the above address is of sufficient size, slructurally sound, and in good working order to support the addition of a second story above the existing wood framed structure. Any questions feel free to call. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: David Berwald PROPERTY ADDRESS: Aquaview Avenue, SCTM: 1000-22-2-3 April 30, 2009 East Marion Dear Chairman: In accordance with our discussions at the public hearing, my client has redesigned the pergola and hot tub. Enclosed please find two prints of the revised elevations and floor plan which reduces the size of the porch and pergola by 66 sq.ft. The porch and pergola area are now proposed as 152 square feet. If you need additional prints please let me know. Thank you. Very tr~ yours, ~--~atricia C. Moore bp encls JAMES J. DEERKOSKI, P.E. 260 Deer Drive Mattimck, N.Y. 11952 (631)298-7116 Date: To: Re: November 14, 2008 Town of Southold Trustees Foundation Inspection David Berwald 1525 Aquavicw Ave. East Marion, NY 11939 SCTM# 1000-22-2-3.0 MAY 1 4 ~009 To Vfhom It May Concern: This letter certifies that the foundation at the above address is of sufficient size, structurally sound, m~d in good working order to support the addition of a second story above the existing wood framed structure. Any questions feel free to call. · Sincerely J~.~es J. "I / I---I SCDHS ReL# R10-05-0016 I om lomilior wilh the. STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE , DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES one w,,ill obide by fhe z~ondition$ sef forth therein end on lhe petrol! fo construct. The locations of wells ~ncl cesspools show~ hereon arefrom lield ob~ecvalions end or from dole obloined from others. SEPTIC SYSTEM SURVEY OF PROPERTY A T EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. Scale: 1" = 30' LOT COVERAGE TO COASTAL EROSION HAZARD EXISTING - 1770 sq. ff./EISO Sq. fL EI. 7~ COAS7¢~L EROSION HAZARD LINE FROM COAS~ COASTAL EROSION HAZARD AREA MAP Photo 50-6/7-83 TEST HOLE 4127104 ..... I' OARK ~RO~41 LOAM PREPARED FOR ~ , PA TTY BERICALD x I00o00' A VENUE Y.S. LIC. NO. 49618 11971 AREA = 14,022 sq. ft, to tie line ANY AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLA TI(~N OF SECTION 7E09 OF THE NEW YORK STATE EDUCATION LAY/, I EXCEPT AS PER SECTION 7~09'SUSDIVlSION ~. ALL CERTIFICATIONS HEREON ARE VALID FOR THI$ J44~ AND COPIES THEREOF ONLY ~F ~4ID ~ OR COPIES: BEAR THE IMPRE$$ED $EAL OF THE SURVEYOR WHOSE ~ TURE APPEARS HEREOf4 ADDITIONALLY TO CO~ Y FriTH SAID LAiF THE TERM 'AL TERE~ BY° MUST BE U$ED BY ANY AND ALL SURVEYORS UTILIZIN~ ~ COPY OF ANOTHER SURVEYOt~$ M.4P. TERMS SUCH AS 'INSPECTED' AND 'BROUGHT-TO-DATE' ARE NOT IN COMPLIANCE FITH THE LAF/. 97-297 LONG F.D. 26 I ( PITCH / / 'U - " ? / __(: 5ERWALD IRESIDENCE PP~O?OSED FI~ONT ELEVATION EXISTING ER. ONT ELEVATION EXISTING LEFT SlD~ ELEVATION ?RO?OSED RIGHT ~ID~ ELEVATION -- PRO?O~ED LEFT 51DE ELEVATION I i ,. ~rTCM / Z PROPOSED DECOND ffLP-, EXISTING FIRST PLA CLG. PP OP( SCALE: ~ EXISTING PqDGE HEIGHT EXISTING ?iR, ST FLP~ CLG. EXISTING FLOOR. ?I~OPOSED WATERSIDE ELEVATION I LLLLJJJ J_J IIII I_L ~ EXi6TING WATER6tDE ELEVATION FORM NO. 3 NOTICE OF DISAPPROVA No em e~h TO: Patri¢ia Moore (Berwald)51020Southold,Main NyR°ad 11971 ~~ber 1~~-~ Please take notice that your application dated November 5, 2008 For permit for demolition of an existing single family,dwelling and construction of a new single family dwelling at Location of property 1525 Aquaview Avenue, East Marion County Tax Map No. 1000 - Section 22 Block2 Lot3 Is returned herewith and disapproved on the following grounds.~ , %~"O ' · ..~ ~lr~ The proposed construction, on this non-conformifl~g 14,022~tuare foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXIII'Se~n 200-124, which states that non-conforming lOts, measuring less than 20,000 square feet in total side, require a minimum single side yard setback of 10 feet, a total side yard setback of 25 feet, and a maximum total lot coverage of 20 percent. Following the proposed construction, the single family dwelling will have a single side yard setback of 5.1 feet, a total side yard setback of 13.6 feet, and a total lot coverage of 28.7 percent. In addition, the proposed construction is not permitted pursuant to Article XXII Section 280-116 A (1), which states; "All buildings or structures located on lots adjacent to sounds and upon which there exists a blUffor bank landward of the shore or beach shall be set back not fewer than 100 feet from the top o f such -bluff or bank." /~;~.~_- .... ~'~ Fol~ropO-"s~l-~'hstmction, the dwelling will have a setback of 53 feet fro~the ~bulkhead. ~ ' CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork. net Examined 20__ Approved . /.? ~0~ Expiration ,20__ PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form N.Y.S,D,E.C, ;'7~"~ '-(D ~ fl ~ [~ ' Trustees ¢ ~ Lq ~.. ~/-, ~ i! i{ Flood g;rmit [- . ;: I i Storm-Water; Assessment Form L [ Mall to: Phooe: 7 f- /33o Building ~fispeXe~ar~ APPLICATION FOR BUILDING PERMIT Date ,//- ~ ,20 ag INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Therea~er, 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 &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 for necessary inspections. ~'~ " "--'¢S~gnature of applicant or name, ~f a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises If applicant is a corporation, signature of duly authorized officer (As on the tax roll or latest deed) (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on whi~qh proposed work wilLbe done: House Number 'Street Hamlet County Tax Map No. 1000 Section ~ Block 0-2 Lot Subdivision Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building ~( Addition .~( Alteration Repair Removal Demolition ~ . . Other Work Estimated Cost Fee If dwelling, number of dwelling units If garage, number of cars (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front '~ (,' Rear Height / ~ Number of Stories Dimensions of same structure with alterations or additions: Front ~ (~ Depth. Height. Number of Stories 8. Dimensions of entire new cons~r3~ction: Front 6, Rear .Depth Height ,~..~_.~ ~ $3 Numbe? o~ Stor--'~es ,,~ 9. Size oflot: Front ,5'-/ Rear ff-~ ~ dd~ept-2thh~/a'~/"~C~r~//~'~"~-- 10. Date of Purchase ~0 ~' Name of Former Owner Depth o2 oq,.. Rear 11. Zone or use district in which premises are situated /~ ~ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X NO 2.-. 13. Will lot be re-graded? YES NO 5( Will excess fill be removed from premises? YES 14. Names of Owner of premises ))Lt4~ ~4'~,~VO/Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES X * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES /~ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) COUNTY OF~__.~)S: /(4~ ff/'/~6~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the Agent, ~orpor~'t~ate (Contractor, Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this. , _ ~, day of ~?~1.~] 20 Signature of Applicant APPEALS BOARD MEMBERS Rulh D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tor'tora Vincent Orlando James Dinizio, Jr. http://$out holdtown.northfork.net Application No. 5554 - DAVID AND PATRICIA BERWALD Property Location: 1525 Aquaview Drive, East Marion; CTM 22-2-3, Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631} 765-1809 Fax (63 I) 765-9064 RECEIVED ""~"" BOARD OF APPEALS TOWN OF SOUTHOLD 1/~0'9 tg~-~ FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 2, 2004 ~~,~ So~thold Town Clerk SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FAcTS/DESCRIPTION: The applicants' 14,633 sq. ft. parcel has 51.12 feet along the north side of AquaView Avenue, 285,94 feet along the east side line, 299.37 feet along the west side line, and 50.08 feet along the high water line along the Long Island Sound. The property is improved with a one-story, single-family residence, and accessory detached garage, as shown on the August 22, 1997 survey updated March 31,2004 by Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Department's April 27, 2004 Notice of Disapproval, concerning proposed additions with alterations to an existing accessory garage with a second dwelling design. The reason stated in the Notice of Disapproval is that a principal dwelling already exists on this lot, and Section 100-31A. 1 permits only one dwelling on each lot. Alternatively, the applicant is requesting a reversal of the Building Department's April 27, 2004 Notice of Disapproval. FINDINGS OF FACT The Zoning Board of Appeals held a public headng on this application on July 15, 2004, 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: Applicants wish to alter the existing garage and to add a deck addition, designed as shown on the March 1, 2004 plan prepared by Penny Lumber (Project ~r2496). The first floor of the garage will remain for storage and parking of two vehicles, and the upper floor for storage areas and small art studio work area. The maximum height of the accessory building will be 18 feet, REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Applicants wish to raise the roof on a portion of the existing accessory two-car garage building. At the headng, applicants confirmed that Ms. Page 2 - August 2, 2004 ZI~A No. 5554 - D. end P. Berwald CTM 22-2-3 Berwald is an artist and wishes to use a portion of the building for an accessory office-type art studio work area. Board members questioned the applicants regarding the exclusive use of the structure, and the type of utilities needed to complete the project. The Board determined that strict conditions with this variance, and with the issuance of a Certificate of Occupancy, will rule out any habitable use. The overall size and location of the building will not be changed, except for a deck addition, and the use will remain accessory and incidental to the applicants' residence on this property, to the north. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant to pursue, other than an area vadance because the building is existing. The applicants plan to use part of the existing accessory garage without increasing the building footprint (lot Coverage) on this 14,633 sq. ff. lot. 3. The variance granted herein is not substantial. The building will remain as an accessory building rather than a pdmary (principal) building, related to the applicants' use of their home on this lot, without rental or other sleeping. 4. The difficulty has been self-created in that the building to be altered is existed. 5. No evidence has been submitted to suggest that a variance in this community of accessory buildings/single-family residences will have an adverse impact on the physical or environmental Conditions in the neighborhood. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of alterations and deck addition as an accessory building, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. .RESOLUTION OF THE BOARI")'~ In considering ail of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehdnger, seconded by Chairwoman Oliva, and duly carded, to GRANT the vadance as applied for, as shown on the 3-1-04 plan prepared by Penny Lumber and the August 22, 1997 survey updated Mamh 31, 2004 by Peconic Surveyors, P.C., SUBJECT TO THE FOLLOWING CONDITIONS: 1. At no time will this building/structure be considered a primary (principal) structure on this lot and that the residence (principal building) will always be the only dwelling on the lot, with the garage/studio work area accessory to that residence. 2. The accessory structure will never be rented or separated from the primary dwelling, and only be used by the occupants of the home. Page 3 - August 2, 2004 ZBA No. 5554 - D. and P. Berward CTM 22-2-3 3. That said structure/building is permitted only electric heat in the art studio area only and water for a half bathroom. 4. At no time will this structure/building be used for sleeping purposes, and shall never Contains any type of kiichen facility for the preparation of food. 5. At the lime the art work area is abandoned by the residentJartist, heat shall be removed and the entire structure/building will be retumed to accessory storage use. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Olivp.~(Chairwoman), Odando, Goehdnger, Tortora, and Dinizio. This Resolution was duly adopted (5-0X ! ~ ,.. Ruth D. Oliva, Chairwoman 8/.~Y~/04 Approved for Filing ' ~ ~ ~ AT EASt MARION . ~ ~ TOWN OF SOUTHOLD , ~ ~ ~ ' SUFFOLK GOUNT~ ~ AR~ = 14,6~ sq. ft (to tie.e) 97 - 297 L · SURVEY OF PROPERTY AT EA$~T MAR(ON TOWN OF $OUTHOI D SUFFOLK COUNTY, N. Y, 1000-22-2-3,0 Scale.. I" = 30' Aug. 22, ~997 PA TTY 8ERtYALD fOIf'NER) A VENUE AREA = 14,633 sq. ft ( to tie line ) PECONIC SL~VEYOR$, p.C. 97 - 297 SCDHS ReL# R10-05-0016 I am fomillar w/Ih lhe. STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE, DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES ond will abide by lhe =ondlflon$ sst forth Iharein and on the permff fo con$lrucL The Iocdions of wells m~d cesspo~. sl~ow~ hereon ore ITem M ~ ond or from dofo o~loined from olhers. SURVEY OF PROPERTY A T EAST MARION TOwN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000 -~ 22'- 2 - 3. 0 Scale: 1"= 30' Aug. 22, 1997 Au~ ~9, 2008 ' ..' '.SEP¥: I1~ SO08 lacldilion~J Ocl, 17, 2008 (revlsl~as) TEST HOLE 4/27/04 ' .. PREPARED FOR , PA TTY 8ERP/ALD AREA = 14,022 sq. ft, to tie line COASTAL EROSION HAZARD'LINE FRoM COAST,. COASTAL EROSION HAZARD AREA MAP Pholo 50-6/7-83 , ¢/:~/ I0,0.00' VENUE waif ~,S. LIC. NO. 49615 S TREE T 11971 97- 9.q7 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Jl e: $ /,::,f~ Filed ce Notes: House No. Street SCTM 1000 Section 22 Date Assigned/Assignment N~. 1525 Aquaview Avenue Hamlet East Marion __Block 2 Lot(s). 3 Lot Size 8~150 to CEH Line I lAVE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED November 10, 2008 BASED ON MAP DATED October 17~ 2008 Applicant(s)/Owner(s): David Berwald Mailing Address: 1525 AquaviewAve, East Marion~ NY !1939-1731 Telephone: 443-852-0455 Fax g: Email: NOTE: In addition to the abovg, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other: Agent's Address: 51020 Main Road~ Southold NY 11971 Telephone 631-765-4330 Fax #: 765-4643 Email: pcmooorel~optonline, net Please check box to specify who you wish correspondence to be mailed to, from the above names: ~3 Applicant/Owner(s), or ': Authorized Representative, or E Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 8/22/97 last revised 10/17/08 and DENIED AN APPLICATION DATED I I/5/08 FOR: ~' Building Permit r~ Certificate of Occupancy E Pre-Certificate of Occupancy E] Change of Use E] Permit for As-Built Construction E]Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXlI Section 280- 116 (setback to bluff)__ Subsection_ A (1) Article XXlll Section 280-124 (lot coverage) Article XXII! section 280- 124 ( existing side yard setbacks-second floor- Walz) Type of Appeal. An Appeal is made for: E 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. 13 Interpretation of the Town Code, Article Section E Reversal or Other A prior appeal E has, E3 has not been made at any time with respect to this propert¥~ UNDER Appeal No. 5554 Year 2004 . (Please be sure to research before completing thls question or call our office for assistance.) Name of Owner: David Berwals REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: ZBA File # (1) An undesirable change will not be produced in the CHARACTER of the neighborl nearby properties if granted, because: The existing house will be expanded with a new se ~nd~ n~ ~.~ ~ landward of the existing structure. Due to the unknown condition of the house fr m possible structural condition of walls, rot and termite damage, the request includes demolition of the first flor of the existing house to the foundation. The owner hopes that he can save money by retaining as much of the first but to avoid delay during construction demolition is requested. The addition requires ,ew foundati~n landward side of the house. The proposed addition to the house is located between the garage and'h'ouse, closer to the top of the bluff then the existing house. The existing setbacks will be maintail feet in width and the proposed addition is toward the street. The design keeps the roofp ~-I~', t~'~-~lumes of the house conform to the character of the neighborhood. The property is screened from the neighbors by a 10 foot high hedge. The property to the west is dilapidated, the property to the east is a two story house close to the top of the bluff. The owner has provided an aerial photograph from Google Earth which shows the setbacks of the existing neighboring homes. The existing setback will be maintained and the addition is landward of the existing structure. (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: When the garage was constructed, with ZBA approval for use of the second floor for studio and bathroom, a new sanitary system was installed which meets current standards. There is no public water, so there is no ability to relocate the sanitary system to an alternative location. The proposed addition to the house is located on the landward side of the house between the garage and house maintaining the setbacks of the existing house. This house is Mr. Berwald's permanent residence. The house is only 800 square feet and does not meet current building codes. His goal is to save as much of the house as he can, however, given the age of the house the builder may find problems which may require more reconstruction then planned. To avoid returning to the ZBA due to unforseen conditions, demolition of the house to the foundation is requested. The owner can save money by retaining the existing basement and foundation and retain the existing sanitary. There is no change to the garage. The garage can not be altered or expanded without variances. There is no desire to change the garage. (3) The amount of relief requested is not substantial because: The change to the definition of buildable area has reduced his lot size by one-half. The existing house and garage are 21.7%, the expansion of the house results in an increase of the lot coverage to 31.1%. A difference of 9. 4% increase to the footprint of the existing 800 square foot house. The proposed house will remain small, the proposed footprint is approximately 1,332 square feet and the owner has limited his expansion of the footprint to the landward side of the house. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The house will not encroach toward the bluff, the existing foundation will be retained, and the additional square footage to the footprint is proposed on the landward side of the house. Retaining the existing foundation will limit activity adjacent to the top of the bluff. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No. The existing house was constructed in the 1960's. The existing house is only 800 square feet, is inadequate as a year round home for energy efficiency and safety standards. The reconstructed dwelling will conform to the neighborhood which has experienced renovations and additions. Are there Covenants and Restrictions concerning this land: E No. ~3 Yes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQL~EST~ AND PLEASE COMPLETE THE A TTA CHED USE VARIANCE SHEET: (Please be sure to c~ '~--~re of Appellant or Authorized Agent Sworn to before me this/'--~ ~- m:~$~.~,~(Agent must submit written Authorization from Owner) APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: David Berwald Date Prepared: November 5, 2008 I. For Demolition of Existing Building Areas Please describe areas being removed: demolition of existing house to the foundation & basement- existing house 22' x 36' retained for reuse II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: new construction over existing foundation and addition: total new first & second floor 36.9' x 36.4' = 1343.16 sqft. Dimensions of new second floor: 36.9' x 36.4' Dimensions of floor above second level: none Height (from finished ground to top of ridge): 25' Is basement or lowest floor area being constructed? Existing basement retained If yes, please provide height (above ground) measured from natural existing grade to first floor: 2 feet- standard 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: one story house constructed in 1962 existing height 16.5' Number of Floors and Changes WITH Alterations: dormers) two story house 36.9' x 36 4' (with IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 1770 sq.ft. Proposed increase of building coverage: 554 sq.ft. Square footage of your lot: 8150 to CEH Line Percentage of coverage of your lot by building area: __ 21.7% existing, 28.7% proposed V. Purpose of New Construction Requested: __expand existing house which is less than 800 square feet into house which is 1,343.16 sq.ft._as owner's primary residence VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): _property is located on Long Island Sound, the lot is only 51 feet in width and 277 feet in length. The buildable land area is only 8,150 sq.ft. The property is improved with an 790 sq.ft. House which is the owners primary residence. A new garage was constructed and new sanitary system installed within the last two years. The garage and sanitary will remain. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION David Berwald 1000-22-2-3 Is the subject premises listed on the real estate market for sale? [] Yes E No Are there any proposals to change or alter land contours? ~ No [3 Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? Long Island Sound 2) Are these areas shown on the map submitted with this application? yes 3) Is the property bulkheaded between the wetlands area and the upland building area? yes 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? submitted Please confirm status of your inquiry or application with the Trustees: simultaneous review and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? no the proximity &your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel existing dwelline is nreexisting and owner wishes to renovate, reconstruct and expand 800 square foot house with an addition on the landward side of the house. One story house to be reconstructed as two story house using the same foundation. and proposed use same (examples:-~fis~ing: single-family; proposed: same with garage or pool, or other description.) AuthXofizedgignature and Date 2/05; 1/07 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfi'ont 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 actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION 1000-22-2-3 David Berwald ~ (~>doO Patricia C. Moore Esq. 51020 Main Road, Southold NY 11 ~9~.~'i i-:. i!' ~_ '~. i SCTM# AGENT: The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals [2_ 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: [] Type: Town of Southold LWi~ Consistency Assessment Form ] Nature and extent of action: existing house demolished to foundation, addition on landward side of house and new construction for two story dwelling. Existing house foundation, existing sanitary and ~,araee will not chan~e. Location of action: 1525 Aquaview Avenue, East Marion Site acreage: 51 x 277 but buildable area is landward of CEH Line with 8,150 sq.ft. Present land use: lot with house & garage Present zoning classification: r-40 If an application for the proposed action has been filed with the ~Fown of ~ ~ Southold agency, the following information shall be provided: (a) Name of applicant: David Berwald (b) Mailing address: 1525 Aquaview Avenue, East Marion (c) Telephone number: {443) 852-0455 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency: __ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See £ WRP Section III - Policies; Page 2for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): The existing residence built in 1962 will be reconstructed on existing foundation and additional living space on new foundation is on landward side of the exitsing house. The eixting garage is in the front yard and the sanitary system must be left in place due to lack of public water. The existing house has no drainage and does not comply with current building codes. The new structure will comply with ail current regulations. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III- Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): Disturbed property with no historical archeological resources Town of Southold LWRP Consistency Assessment Form 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): addition and reconstruction of existing ?siderite with no visual impact. Property contains mature native vegetation which screens this house from view. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): the proposed reconstruction and addition will require compliance with NYSBuilding Code and drainage code Policy 5. Protect and improve water quality and supply in the Town of Southold See L WRP Section 111- Policies Pages 16 through 21 for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): the existing house already has a new sanitary due to alterations to garage, the new structure will have gutters and drywells 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 L WRP Section III - Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): The proposed improvements to the existing house will not impact Fish and wildlife habitat Policy Z Protect and improve air quality in the Town of Southold. See LWRP Section lll- Policies Pages 32 through 34for evaluation criteria. See Section II1 - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): No impact on air quality Town of Southold LWRP Consistency Assessment Form 3 Policy 8. Minimize environmental degradation in Town of Southold frbm solid waste and ~ hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38for ~l'°2~v evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no impact on solid waste- property is improved with a residence and owner lives in the house. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate)'- Private dwelling- no impediment to Long Island Sound WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): private residence Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): addition and reconstruction of existing house on foundation will not adversely impact living marine resources on Long Island Sound. The foundation will be expanded on the landward side of the house. The house is more than 100 feet from the waters of Long llsand Sound. The retained foundation will limit activity along the north side of the property. The existing house is 53 feet from the top of the bluff. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Town of Southold LWRP Consistency Assessment Form 4 Discussion (if appropriate): no agricultural lands affected Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III- Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no impact on energy or mineral resources. *copy of Town form created on 2/11/06 Town of Southold LWRp Consistency Assessment Form 5 APPLICANT ~ ~ ~ TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) . .'~ ~ ~-~)/ The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: __Patricia C. Moore, David Berwald (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 X Special Exception If "Other", X Trustees name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of 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 more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __ A) thc 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 interast 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 NONE Sign~fure: ~ David Berwal~~o/ November 14, 2008 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (63 I) 765-4330 Fax: (631) 765-4643 Southold Town Zoning Board of Appeals Chairman Goehringer and Board Main Road Southold, NY 11971 By Hand Re: David Berwald 1000-22-2-3 Dear Mr. Goehringer and Board: Enclosed please find following: 1. CURRENT NOTICE OF DISAPPROVAL from the Building Inspector. 2. ZBA APPLICATION with authorization and copy of appeal #5554 dated 8-2-04 for existing garage (no changes proposed to garage) 3. Aereal of the existing house 4. survey prepared by Peconic Surveyors with the proposed addition 5. PROJECT DESCRIPTION, TR3kNSACTIONAL DISCLOSURE and QUESTIONNAIRE FORM , and LWRP 6. No COVENANTS AND RESTRICTIONS 7. assessor's property card 8. My client's check payable to ~Town of Southold" Thank you for your continued courtesies. cc: David Berwald 09/11/2008 09:11 FAX 651 785 4643 % li00RE LAW OFFICES 1~005 AUTHORIZATION LETTER Southold Town Zoning Board of Appeals and Southold Town Trustees p.O.Box 1179 Southold Town Hall Main Road, Southold, NY 11971 New York State Department of Environmental Conservation Building 40-SUNY Stony Brook, New York 11790-2356 Att: Regulatory Permits Any and all other State, County, or Local agencies. AGENT: name: Patricia C. Moore Esq. address: 51020 Main Road, Southold NY 11971 telephone number: 631-765-4330 PROPERTY: Aquaview Avenue SCTM#:1000-22-2-3 Dear Sir or Madam; The undersi~ned owners authorize Patricia C. Moore Esq. as our agent for all submissions to the Southold Town Trustees, Southold Town Zoning Board of Appeals, The New York State Department of Environmental ConserVation, Suffolk County Health Department and any other State, County, or Local agency which may be required for renovations and additions to the existing building. PATRICIA C. MOORE Attorney at Law 5 ! 020 Main Road Southold, New York 11971 November 14, 2008 Southold Town Trustees P.O.Box 1179 Southold Town Hall Main Road, Southold, NY 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski , ~ Betsey Perkins ~ Secretaries Re: David Berwald: 1000-22-2-3 1525 Aquaview Avenue, East Marion, NY Reconstruction of house adjacent to Long Island Sound Bluff Dear President King and Board: Enclosed is an application for a wetland permit to reconstruct existing one story house as two story house on existing foundation with two story addition on landward side of house. The lot and existing house is preexisting nonconforming, therefore variances are required. An application for variances is filed simultaneously with this appliCation. Very truly yours, Patricia C. Moore cc: David Berwald APPEALS BOARD MEMBERS Rulh D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tol~ora Vincent Orlando James Dinizio, Jr. Application No. 5554 - DAVID AND PATRICIA BERWALD Property Location: 1525 Aquaview Ddve, East Marion; CTM 22-2-3, Southold Town Hall 53095 Main Road P.O. Box 1179 ~ Fhx (631) 765-9064 hnp://southoldtown.nort~fork.net RECEIVED BOARD OF APPEALS~ TOWN OF SOUTHO~D DETERMINATION FINDINGS, DELIBERATIONS AND MEETING OF AUGUST 2, 2004 So~thohl Town Clerk SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review fails under the Type II category of the State's List of Actions, without an adveme effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 14,633 sq. ft. parcel has 51.12 feet along the north side of Aquaview Avenue, 285.94 feet along the east side line, 299.37 feet along the west side line, and 50.08 feet along the high water line along the Long Island Sound. The property is improved with a one-story, single-family residence, and accessory detached garage, as shown on the August 22, 1997 survey updated March 31,2004 by Peconic Surveyors, P.C. BASIS OF APPLICATION: Building Department's April 27, 2004 Notice of Disapproval, concerning proposed additions with alterations to an existing accessory garage with a second dwelling design. The reason stated in the Notice of Disapproval is that a principal dwelling already exists on this lot, and Section 100-31A.1 permits only one dwelling on each lot. Alternatively, the applicant is requesting a reversal of the Building Department's April 27, 2004 Notice of Disapproval. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 15, 2004, 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: Applicants wish to alter the existing garage and to add a deck addition, designed as shown on the March 1, 2004 plan prepared by Penny Lumber (Project ~2496). The first floor of the garage will remain for storage and parking of two vehicles, and the upper floor for storage areas and small art studio work area. The maximum height of the accessory building will be 18 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Applicants wish to raise the roof on a portion of the existing accessory two-car garage building, At the hearing, applicants confirmed that Ms. Page 2 - August 2. 2004 ZBA No. 5554 - O. and P. Berwald CTM 22-2-3 Berwald is an artist and wishes to use a portion of the building for an accessory office-type art studio work area. Board members questioned the applicants regarding the exclusive use of the structure, and the type of utilities needed to complete the project. The Board determined that strict conditions with this variance, and with the issuance of a Certificate of Occupancy, will rule out any habitable use, The overall size and location of the building will not be changed, except for a deck addition, and the use will remain accessory and incidental to the applicants' residence on this property, to the north. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance because the building is existing. The applicants plan to use part of the existing accessory garage without increasing the building fcotpdnt (lot coverage) on this 14,633 sq. ft. lot. 3. The variance granled herein is not substantial. The building will remain as an accessory building rather than a primary (principal) building, related to the applicants' use of their home on this lot, without renlal or other sleeping. 4. The difficulty has been seff-crealed in that the building to be altered is existed, 5. No evidence has been submitted to suggesl that a variance in this community of accessory buildings/single-family residences will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of alterations and deck addition as an accessory building, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Chairwoman Oliva, and duly carried, to GRANT the vadance as applied for, as shown on the 3-1-04 plan prepared by Penny Lumber and the August 22, 1997 survey updated March 31, 2004 by Peconic Surveyors, P.C., SUBJECT TO THE FOLLOWING CONDITIONS: 1. At no time will this building/structure be considered a primary (principal) structure on this lot and that the residence (principal building) will always be the only dwelling on the lot, with the garage/studio work area accessory to that residence. 2. The accessory structure will never be rented or separated from the pdmary dwelling, and only be used by the occupants of the home. Page 3 - August 2, 2004 ZI~A No. 5554 - D. and P. Bern/aid CTM 22-2-3 3. That said structure/building is permitted only electdc heat in the art studio area only and water for a half bathroom. 4. At no time will this structure/building be used for sleeping purposes, and shall never contains any type of kitchen facility for the preparation of food. 5. At the time the art work area is abandoned by the resident/artist, heat shall be removed and the entire structure/building will be returned to accessory storage use. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members O v~l~Cha rwoman), Orlando, Goehringer, Todora, Dinizio. This Resolution was duly adopted (5-0~ ~ _ ,.. . and Ruth D. Oliva, Chairwoman 8/.~Y~/04 Approved for Filing Goo le Earth A uaview Ave - West Section Goo le Earth A uaview Ave - Middle Section Goo le Earth A uaview Ave - East Section 0 0 2.2 - 2-3 :)WNER LAND SEAS. IMP. N~W Farm Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot TOWN OF $OUTHOLD pROPERTY RECORD CARD TOTAL FARM DATE BI NORMAL Ac re VILLAGE DISTRICT SUB. ACREAGE 'PE OF BUILDING Est. Mkt. Value BELOW Value Per Acre ABOVE Value FRONTAGE ON wATER ,,~ 0 FRONTAGE ON ROAD -~-~' K~ / BULKHEAD 5 M. Bldg. Extension Extension ,~5__~ I..~:~.A ' Breezeway Garag~ O.B. ~oundation Basement Ext. Walls Fire Place Patio Porch Porch BAth FJoors ;nterior Finish ffeat Roof Type Rooms 1st Floor Rooms 2nd Floor ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 11-17-08 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP #6250 Berwald, D. ~4049 $600.00 NOI 1 7 2008 SouthoId Town Clerk TOTAL $600.00 Sent via Inter-Office to Town Clerk by: __pmk Thank you. ~Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 11/17/08 Transaction(s): 1 1 Application Fees * * * RECEIPT * * * Receipt~: 30632 Reference Subtotal 6250 $600.00 Check#: 4049 Total Paid: $600.00 Name: Berwald, David & Patricia 1525 Aquaview Ave. East Marion, NY 11939 Clerk ID: CAROLH Internal ID: 6250 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 November 18, 2008 Zoning Appeal No. 6250 Transmitted herewith is Zoning Appeals No. 6250 of Patricia C Moore for David Berwald- 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 Patricia C. Moore Listing Items Sent Dated November 14, 2008, Authorization Letter from David H Berwald to Patricia C. Moore to Represent him in this Matter, Letter from Patricia C. Moore in Reference to Application for a Wetland Permit Dated November 14, 2008, Copy of Determination from Board of Appeals August 2, 2004, Notice of Disapproval from Building Department Dated November 5, 2008, Color Aercal Photos of East Section, Middle Section & West Section of Neighborhood from Google (3 pages), 2 pages of Property Record Card, Copy of Survey Showing Proposed Deck Dated March 31, 2004 Prepared by Peconic Surveyors, P.C., Copy of Survey Showing Existing & Proposed Construction Revised October 17, 2008 Prepared by Peconic Surveyors, P.C., 6 Pages of Plans Showing Elevations & Floor Plans Dated 11/2008 Prepared by Nancy Dwyer, Design Consulting, Inc. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: November 10, 2008 TO: Patricia Moore (Berwald) 51020 Main Road Southold, NY 11971 Please take notice that your application dated November 5, 2008 For permit for demolition of an existing single family dwelling and construction of a new single family dwelling at Location of property 1525 Aquaview Avenue, East Marion County Tax Map No. 1000 - Section 22 Block2 Lot~3 Is returned herewith and disapproved on the following grounds: The proposed construction, on this non-conforming 14,022 square foot parcel in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring less than 20,000 square feet in total side, require a minimum single side yard setback of 10 feet, a total side yard setback of 25 feet, and a maximum total lot coverage of 20 percent. Following the propos~ construction, the single family dwelling will ha~x~_ ~e~- ~e~rd setback of 5.1 feet, a ~ yfir'c~ se~ack of 13.6 feet and a t°ta~t6C~o~rage ~0f28.7 percent. In addition, the proposed construction is not permitted pursuant to Article XXII Section 280-116 A which states; "All buildings or structures located on lots adiacent to sounds and upon which there exists a bluffor bank landward of the shore or beach shall be set back not fewer than 100 feet fi.om the top of such bluffor bank." Follo ~n3vf~g the prppo~-construction, the dwelling will have a setb~k 0f53 feet from the bulkhead. Autho~p~lSzed Si~._. CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. .TO '~OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SouthoidTown.NorthFork. net Examined ., 20 Approved Disapproved a/c Expiration ,20__ PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form ....... ~_~ ~.~ N.Y.S.D.E.C._ ~' c~ 6a ~ II ~ Ill [ ".' Trustees ~{i), i Flood Perm,t"~_ ii,ii Storm-waterAssessmentFo- Building APPLICATION FOR BUILDING PERMIT Date ,//- ~ 20 O~ 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 &this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension &the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The 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 for necessary inspections. ~ '"-"~ature of applicant or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises /~t~'4/~a (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will~e done: 25- House Number 'Street County Tax Map No. 1000 Section Subdivision Hamlet Block c~ Lot '~ Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building x/~ Addition X Alteration Repair Removal Demolition 2( . . Other Work 4. Estimated Cost Fee If dwelling, number of dwelling units If garage, number of cars (Description) (To be paid on filing this application) Number of dwelling units on each floor If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front Height / ~ Number of Stories Rear Dimensions of same structure with alterations or additions: Front Depth o2oq_ Rear Depth, Height Number of Stories 8. Dimensions of entire new constr~ction: Front 'B fi, t ,7/,, t ,, Height ,~k-,-~ ~ $3 Number of Stories ,,.Q___Rear .Depth "~, 9. Size oflot: Front ,5'/ Rear ~-~ ~ ~ept~th 10. Date of Purchase ~ ,~ Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES 13. Will lot be re-graded? ~S NO ~ Will excess fill be removed from premises? YES 14. Names of Owner of premises 3~ ~ffAddress Phone No. Name of ~chitect Address Phone No Name of Contractor Address Phone No. 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 this property within 300 feet of a tidal wetland? * YES /~ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES __ · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) COUNTY OF9 ~S: F~ ~"'~"~6y'~-~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Con--ate 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 tree 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. Signature of Applicant /o~- z~-z-aTOWN OF SOUTHOLD PERTY RE¢:ORD CARD , OWNER STREET /~,,tc~,..~-- vI'LLAGE DISTRICT SUB. LOT RES.'~ ~0 ~ S~S. VL U FARM COMM. IND. CB. MISC. 'E~t. Mkt. Value ~ND IMP. TOTAL I DATE REMARKS Farm Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushlond~-''~ House Plot TotoJ NORA4AL Ac re BELOW Value Per Acre , Value FRONTAGE ON ROAD BULKH~D D~K garage alat 1/16 ,~t~nsion ~$Jon undation Basement Ext Walls Fire Place Porch Patio Driveway Porch Bath Floors nterior Finish Heat Roof Type Rooms 1st Floor Rooms 2nd Floor / PLjv, o., ~ Dormer r /c/._/~ 22.-2-3 i '" i .'/ Foundation I i'~/~ o~ M. B dg. z ~ J I=t,~nnent /~/J iF oors Town Annex/F'~t Floor, North Fork Bank .54375 Main Road (at Youags Aveaue) Southold. NY 11971 http://southoldtown.no~lffofl~ net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 $outhold. NY 11971-0959 FACSIMILE TRANSMITTAL SHEET Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELETHONE NUMBER: 765-1809 (press 1 at voice recording) [] URGENT ,/ ~FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NO~=S/COMMENTS: Please fi-d attached copy/copies of dze follo~. Thank you. Sender's Initials: DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE December 29, 2008 20O9 THOMAS S.LE_S ..~lC_[~.. 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 Numbers 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 Very truly yours, Thomas Isles, AICP Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 · (6311 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY i 1788-0099 TELECOPIER (631) 853-4044 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 l 1971-0959 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, 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: 10:35 A.M. DAVID BERWALD # 6250. Request for Variances under Sections 280-124 and 280- 116A(1) based on the Building Inspector's November 10, 2008 Notice of Disapproval concerning proposed new dwelling construction (after demolition of the existing dwelling). The new construction will be less than the code required minimum: (a) single side yard at less than 10 feet, (b) combined side yards at less than 25 feet, (c) setback less than 100 feet to the bluff adjacent to the Long Island Sound. In addition, a variance is requested for lot coverage in excess of the code limitation of 20 percent of the lot size after deducting land area below the top of bluff. Location of Property: 1525 Aquaview Avenue, East Marion; CTM Parcel 22-2-3. 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 (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & ¥oungs 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, l~rTiri~{{~ia~ne~ ~ ~WRP ~rd6~di'h~i{~r' Date: April 22, 2009 ~ APR 1 Re: ZBA file Ref. No[ 6250 (~erwald} ...... Location: 1525 SCTM 1000-58-~:'13 Request for Variances under Sections 280-124 and 280-116A(1) based on the Building Inspector's November 10, 2008 Notice of Disapproval concerning proposed new dwelling construction (after demolition of the existing dwelling). The new construction will be less than the code required minimum: (a) single side yard at less than 10 feet, (b) combined side yards at less than 25 feet, (c) setback less than 100 feet to the bluff adjacent to the Long Island Sound. In addition, a variance is requested for lot coverage in excess of the code limitation of 20 percent of the lot size after deducting land area below the top of bluff. This review will address the proposed action in relation to the regulated natural feature. 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 INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy Standards 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. The proposed use is residential and therefore is not a "water dependent use". The distance from the Coastal Erosion Hazard Line/Area to the new house is 24'. It is recommended that the Board require that the structure be located further away from the Coastal Erosion Hazard Line/Area as practicable to maximize the distance from the "hazard area" and minimize the potential of future structural loss. Move existing development and structures as far away from flooding and erosion hazards as practical. 'Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. c. sites where relocation of an existing structure is not practical. The proposed action does not meet the above reasons to warrant "maintaining existing development" within this erosion hazard area. The distance from the proposed "new house" to the top of bluff line is 53 feet; a minimum separation distance of 100 feet is required pursuant to Chapter § 280-116 A which states: (1) All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet.from the top of such bluff or bank. It is recommended that the Board amend the application to meet and/or further the above policies to the greatest extent practicab!e and minimize the potential of future structural loss. In the event that the action is approved and to further Policies 4.2 Protect and restore natural protective features and Policy 5: Protect and Improve Water Quality in the Town of Southold; the following Best Management Practices are recommended. Require a minimum 20' non-turf, vegetated buffer landward of the top of bluff. Note, that the non-turf buffer should incorporate the majority land area identified within the Coastal Erosion Hazard Area and be designed to minimize storm water runoff. Require gutters, leaders and drywells to minimize storm water runoff. Cc: Jennifer Andaloro, Assistant Town Attorney It is recommended that the Board require the applicant to amend the action to meet or further the above polices to the greatest extent practicable. 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. ~ .... i ~ ...... ~ ~OUNTY OF SUFFOLK JUN 1 5 200g SOIL AND~rATER CONSERVATION DISTRICT F;tX:(631) 727-3160 Steve Le~ Paul A. TeNyenhuis DISTRICT MANAGER (631)727-2315 x3 June 8, 2009 Chairman Gerard Goehringer Board of Appeals, Town of Southold 53095 Main Rd, P.O. Box 1179 Southold, New York 11971-0959 RE: ZBA File REF. No 6250 Berwaid, David Dear Chairman Goehringer: As requested, a site review was conducted at 1525 Aquaview Avenue in East Marion. The site was evaluated for potential natural resource concerns regarding the demolition of the existing one story house and construction of a new two story house on existing foundation at the residence. At the time of this site visit, June 9, 2009, there were no observed natural resource concerns. The property is situated on the Long Island Sound and is protected by a wooden bulkhead in good condition. The existing wooden stairs which lead to the beach, the beach, and the densely vegetated bluff are also in good condition. No erosion was observed. It is recommended that vegetation is maintained at all times during and after construction with native plants and grasses to prevent erosion and control sediment. Additionally, it is recommended that gutters, downspouts, and underground drywells are installed to address stormwater runoff. No natural resource concerns were observed with regard to the demolition of existing one story house and construction of new two story house on existing foundation to this residence. If you require further assistance in this matter please don't hesitate to contact me. 423 GRIFFING AVENUE SUITE 110 RIVERHEAD, NY 11901 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 ~)e_cember 9~. 200~ Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA # 6250 Berwald, David Dear Sir or Madam: We have received an application for a project adjacent to a waterway, shown on the enclosed site map. The hearing on this application is expected to be held in approximately 3 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 By: ~)~, Encls. Office Location: Town Annex/First Floor, Notlh Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: ~[~l~''~ 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 76S-1809 Fax (631) 765-9064 November 24, 2008 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 1 10 Riverhead, New York 1 1901 Re: ZBA # 6250 Berwald, David Dear Sir or Madam: We have received an application for a project adjacent to a waterway, shown on the enclosed site map. The hearing on this application is expected to be held in approximately 3 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, NoFth 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 November 24, 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. #6250 (BERWALD, D.) Dear Mark: We have received an application for construction of a new two story single family dwelling (after demo), 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. Goehfinger Chairman Encls. ~/~~~ Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press I at voice recording) REFERENCE:: [] URGENT O~R YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] .......... NOTES/COMMENTS: Please find attached copy/copies of the following:. Thank you. Sender's Initials: Office Location: Town Annex/First Floor, Noah 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 November 24, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY i1788-0099 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 # 6250 Applicant's Request: Within 500 feet of: Owner/Applicant: BERWALD, DAVID SETBACK ( ) State or County Road ( x ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of existing/proposed County, State, Federal land ( ) Village, Town or County Line. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman all AL & {~a]z) ba~ed O~ setback a L STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Kamn 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 CHRISTINA VOLINSKI NOTARY PUBLiC-STATE OF NEW YORK NO. 01.VO6105050 QuOllfied In SuffOtk county 4/6/2009 Z~ONING BOARD OF APPEALS :~> Lo '1'~0 MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Roaa, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fnx 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold 009website: ~southtown.nor tlffork.net 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 7th 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 '~ama or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private Street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County · Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or durin,q the .h. earin.q, prov d n.q the returned letter to us as soon as possible; AND not later than April 9th:' Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the whi~ receipts postmarked by the PostOffice. When the green signature cards are returned to you~-by the PoSt Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (~r~en available). These will be kept in the permanent record as proof of all Notices. 2) Not Later Ap~l 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 your Affidavit of Postinfl 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 cooperation. {PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTI :E OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: RWALD, D. #6250 MAP #: 22-2-3 VARIANCE: SETBACKS & LOT COVERAGE REQUEST: NEW DWELLING (AFTER DEMO) DATE: THURS, APRIL 23, 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of DAVID BERWALD AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-22-2-3 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, David Berwald, residing at 1525 Aquaview Avenue, East Marion, New York 11958 being duly sworn, depose and say that: , On the\O day of April, 2009 I personally placed the Town s official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance*; and that I hereby confirm that the Poster has remained in place ,for seven days prior to the date of the subject hearing date, which hearing date was s~own to be Thursday, April 23, 2009. ~ Sworn to before me this c~ day of April, 2009. ~otary PL~- ! *near the entrance or driveway entrance of the property, as the area most visible to passersby. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of DAVID BERWALD (Name of Applicant) CTM Parcel #1000-22-2-3 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF M~ILINGS i I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the/ dry of April, 2009, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. /~gnature). )/ TSY PERJAtN S Sworn to before me this'///~"r-- day of April, 2009. r (N15tary Public) Notar~ ~ubli¢, Stato o~ ~w ~o~ Oual~led In Suffolk ~u~ . . ,~mi~i~ir~ June 3, ~// PLEASE s~, on ~ne PaCK of this Affidavifor on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. Town Annex/Fust Floor, North Fork Bank 54375 Main Road (at Yotmgs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 $outhoM NY 11971-0959 http://southoldu)wn.notXlfforlc net BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET Fax # ¥OYAL NO. OF PAGES INCLUDING COVER: SEHu~STELEP~HONENUMBER: 765-1809 (press 1 at voice teconting) [] URGENT P~///OR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOi Please find attached copy/copies of the follow~. Sendees Initials: DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE December 29, 2008 2 2009 THOMAS ISLES 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 Numbers Berwald, David Tsimikas (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. - 4TH FLOOR P.O. BOX 6100 · (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin~ Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, 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: 10:35 A.M. DAVID BERWALD # 6250. Request for Variances under Sections 280-124 and 280- '116A(1) based on the Building Inspector's November 10, 2008 Notice of Disapproval concerning proposed new dwelling construction (after demolition of the existing dwelling). The new construction will be less than the code required minimum: (a) single side yard at less than 10 feet, (b) combined side yards at less than 25 feet, (c) setback less than 100 feet to the bluff adjacent to the Long Island Sound. In addition, a variance is requested for lot coverage in excess of the code limitation of 20 percent of the lot size after deducting land area below the top of bluff. Location of Property: 1525 Aquaview Avenue, East Marion; CTM Parcel 22-2-3. 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 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave. ) Southold, NY 11971 MAILING .M) DRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD Tol From: Date: Re: MEMORANDUM Gerard Goehringer, Chair Town of Southold Zoning Board of Appeals ,WRP d66fd{haib/ Mark Terry, April 22, 2009 APR 2 3 2009 ZBA file Ref Nt 6250 (Be~rwaldl Location: 1525 Aquaview. A&,enUe,~E~is~ M~irio~ SCTM 1000-58-~:'13 Request for Variances under Sections 280-124 and 280-116A(1) based on the Building Inspector's November 10, 2008 Notice of Disapproval concerning proposed new dwelling construction (after demolition of the existing dwelling). The new construction will be less than the code required minimum: (a) single side yard at less than 10 feet, (b) combined side yards at less than 25 feet, (c) setback less than 100 feet to the bluffadjacent to the Long Island Sound. In addition, a variance is requested for lot coverage in excess of the code limitation of 20 percent of the lot size after deducting land area below the top of bluff. This review will address the proposed action in relation to the regulated natural feature. 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 INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy Standards 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: ,4. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. The proposed use is residential and therefore is not a "water dependent use". The distance from the Coastal Erosion Hazard Line/Area to the new house is 24'. It is recommended that the Board require that the structure be located further away from the Coastal Erosion Hazard Line/Area as practicable to maximize the distance from the "hazard area" and minimize the potential of future structural loss. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. c. sites where relocation of an existing structure is not practical. The proposed action does not meet the above reasons to warrant "maintaining existing development" within this erosion hazard area. The distance from the proposed "new house" to the top of bluff line is 53 feet; a minimum separation distance of 100 feet is required pursuant to Chapter § 280-116 A which states: (1) All buildings or structures located on lots adjacent to sounds and upon which there exists a bhqf or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank. It is recommended that the Board amend the application to meet and/or further the above policies to the greatest extent practicable and minimize the potential of future structural loss. In the event that the action is approved and to further Policies 4.2 Protect and restore natural protective features and Policy 5: Protect and Improve Water Quality in the Town of Southold; the following Best Management Practices are recommended. Require a minimum 20' non-turf, vegetated buffer landward of the top of bluff. Note, that the non-turf buffer should incorporate the majority land area identified within the Coastal Erosion Hazard Area and be designed to minimize storm water runoff. Require gutters, leaders and drywells to minimize storm water runoff. It is recommended that the Board require the applicant to amend the action to meet or further the above polices to the greatest extent practicable. 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: Jennifer Andaloro, Assistant Town Attorney ~OUNTY OF SUFFOLK 2009 SOIL A~D WATER CONSERVATION DISTRICT FAX: (631} 727-3160 Steve Levy Paul A. TeNyenhuis DISTRICT M~L~GER (631)727-2315 x3 June 8, 2009 Chairman Gerard Goehringer Board of Appeals, Town of Southold 53095 Main Rd, P.O. Box 1179 Southold, New York 11971-0959 RE: ZBA File REF. No 6250 Berwald, David Dear Chairman Goehringer: As requested, a site review was conducted at 1525 Aquaview Avenue in East Mar/on. The site was evaluated for potential natural resource concerns regarding the demolition of the existing one story house and construction ora new two story house on existing foundation at the residence. At the time of this site visit, June 9, 2009, there were no observed natural resource concerns. The property is situated on the Long Island Sound and is protected by a wooden bulkhead in good condition. The existing wooden stairs which lead to the beach, the beach, and the densely vegetated bluffare also in good condition. No erosion was observed. It is recommended that vegetation is maintained at all times during and after construction with native plants and grasses to prevent erosion and control sediment. Additionally, it is recommended that gutters, downspouts, and underground drywells are installed to address stormwater runoff. No natural resource concerns were observed with regard to the demolition of existing one story house and construction of new two story house on existing foundation to this residence. If you require further assistance in this matter please don't hesitate to contact me. 423 GRIFFING AVENUE SUITE 110 RIVERHEAD, NY 11901 DAVID BERWALD SCTM: 1000-22-2-3 NANCY M GREENE TRUST 212 26TM STREET, UNIT 258 SANTA MONICA CA 90402 SCTM: 1000-22-2-2 lAN S. MORRIS AMANDA MORRIS 1 MORTON SQUARE APT. 7GW NEW YORK NY 10014 SCTM: 1000-22-4 KATY MITCHELL 103 TOTTHNHAM ROAD LYNBROOK NY 11563 SCTM: 1000-22-2-33 KATHY HALLIWELL PO BOX 83 GREENPORT NY 11944 SCTM: 1000-22-2-34 RECEIPT 7192 6463 311 o oooo 3974 FROM: s~,~ .,,.~7212 26T~..I~..~ET, UNIT 258 OtS~, ~,c* ,, RECEIPT 7192 6463 31 lO co{lo 3981 FROM: SEND TO~' 1 FEES: TOTAL $ 5.32 POSTMARK OR DATE RECEIPT FROM: LYNI~OOK NC 1~ 563 '5 FEES:' '~ o 42 TOTAL $ 5.32 pOSTMARK OR DATE RECEIPT 7192 6463 3110 0oo0 4087 FROM: Particle C Moo~e Esq RE: be~,vald zba SEND TO: KATHY HALLIWI-LL GREENPOI~T~b~- ~ fi FEES: :'~ ~ ~ TOTAL $ 5.32 POSTMARK OR DATE PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (63 I) 7654330 Fax: (631) 7654643 April 6, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: BERWALD PROPERTY ADDRESS: SCTM: 1000-22-2-3 1525 AQUAVIEW AVENUE, EAST MARION Dear Neighbor: I represent the above with regard to their property located at1525 Aquaview Ave., East Marion. They have submitted a request for a variance to the Southold Town Zoning Board of Appeals to construct a new dwelling (after demolition of existing dwelling) which set backs will be less than the code required minimum and the 10t coverage will be in excess of the minimum 20%. The hearing on this matter is scheduled for THURSDAY, APRIL 23, 2009 at 10:35 A.M. at Southold Town Hall. A copy of the legal Notice is enclosed together with a portion of the site plan. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office during their regular business hours. If you have any questions, or you wish to support this application, please do not hesitate to contact me. PCM/bp encls. C: Mr. David Berwald very trul~ yours, gatricia C. Moore Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 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, 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 237 2009: 10:35 A.M. DAVID BERWALD # 6250. Request for Variances under Sections 280-124 and 280- 116A(1) based on the Building Inspector°s November 10, 2008 Notice of Disapproval concerning proposed new dwelling construction (after demolition of the existing dwelling). The new construction will be less than the code required minimum: (a) single side yard at less than 10 feet, (b) combined side yards at less than 25 feet, (c) setback less than 100 feet to the bluff adJacent to the Long Island Sound. In addition, a variance is requested for lot coverage in excess of the code limitation of 20 percent of the lot size after deducting land area below the top of bluff. Location of Property: 1525 Aquaview Avenue, East Marion; CTM Parcel 22-2-3. 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 MNDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ' ' S'CDHS ReL# R10-05-0016 SEPTIC SYSTEM t am /om/l/or wilh /he STANDARDS FOR APPROVAL AND CONSTRUCT/ON OF SUBSURFACE SEWAGE ~.~T~FR,~S DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES ~m ~ov~s end will shies h! the /:onE/lions set forth /herein ond on Ins ~,.. .r . crewv~.,s , , cav~ cow ~- The focelions of wells ~ ce~p~s ~d or from dolo ~oined from olhers, ~ ~ ~ ~ '~. '' SURVEY OF ~ ~ PROPER~Y ~ ~ TOWN OF SOUTHOLD ~ SUFFOLK GOUNT~ / ~ 1000 - 22 - 2 - 3.0 ~ ~ ~ Aug. 2Z ~' . Ocl. 17~ SO08 (revlsionw) ~ ~ LOT COVERAG~ TO COASTAL ~OSION HAZAR~ LINE COASTAL EROSION HAZARD L~E FRO~ COAST COASTAL EROSION HAZARD AR~A MAP ~ ~~ . Photo 50-617~83 ' ~' A VENUE PREPARED FOR ~ : PATTY 8ERRALD ~ ~ LIC. NO. ~9618 PATRICIA C- MO~i~ 51020 MAIN ROA SOUTHOLD NY 11, ESQ · []Addressee or [] Agent) By: Clearly) (Extra Fee) [] Y~) CERTIFIED Article Number 7192 6463 3110 0000 398-~ 7192 6463 3110 0000 3981 1. Article Addressed To: IAN S- MORRIS i MORTON SQUARE APT. 7GW NEW YORK NY 10014 PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 4. Restricted Delivery? (ExtraFe~ [--JYes I CERTIFIED · A~icle Number '1 7192 6463 3110 ODDD 4087 ~, 2 6463 3110 0000 4087 1. Article Addressed To: KAT~ALLIWELL PO BO~t 83 GREENPORT NY 11944 4. Restricted Delivery? 3. Service Type (Extra Fee) [] Yes CERTIFIED NANCY M GREENE TRUST 212 26TH STREET, UNIT 258 SANTA MONICA CA 90402 2. Article Number 7192 6463 3110 0000 3974 7192 6463 3110 0000 3974 Article Addressed To: Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Yourigs 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 June ~'2009 Patricia C Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA #6250 - David Berwald Vadance application Dear Ms. Moore: Transmitted for your records is a copy of the Board's May 28, 2009 Findings, Deliberations and Determination, the odginal 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 DeCisiod to: Building Department Town Clerk (On~ginal for filing) Linda Kowalski LONG F.D. 26