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HomeMy WebLinkAbout1000-70.-5-34 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To~ MEMORANDUM Gerard Goehringer, Chair Members of the Zoning Board of Appeals Mark Terry, Principal Planner ~ LWRP Coordinator Date: May 28, 2008 Re~ Variance request for Nadhemy ZBA# 6151 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP. If the proposed action is approved it is recommended that following BMP's be implemented to further Policies 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restore tidal and freshwater wetlands. 1. Provide an adequate non-turf buffer landward from the top of bluff to ensure protection of the wetland's character, quality, values, and functions. 2. Require gutters, leader and drywells to retain surface runoff. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 March 26, 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. 6151 (Nadhemy) Dear Mark: We have received an application for substantial second story addition to an existing single family dwelling at a premises on Pine Neck Road in Southold, and shown on the enclosed site map. Copies of the LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, Gerard P. Goehringer FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 21, 2008 TO: Patricia & Thomas Nadhemy 11 Crescent Beach Avenue Huntington, NY 11743 Please take notice that your application dated March 12, 2008 For permit for a secon4 story addition to an existing single family dwelling at /o Location of prop:~ Neck Road, South~t~.~ County Tax Map No. 1000 - Section 70 Blo~5~ ~Dot 34 Is returned herewith and disapproved on the following grounds: The proposed construction, on this conforming 47,086 square foot lot, in the R-40 District, is not permitted pursuant to Article XXIII Section 280-122, which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing single family dwelling notes a single side yard setback of O feet. The proposed construction will maintain that setback, which is not permitted pursuant to Article XXIII Section 280-114, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." Bulk schedule requires a minimum single side yard setback of 15 feet. This Notice of Disapproval was based on a survey by John T. Metzgeh LS, last dated March 2008. CC: file, Z.B.A. 8'-7 O0 E E ! r.~l ]T~NC / 7'-z 1 0 Fll2,,~T f'LCCP..PLAN - 0 /I Q 6g.CoNp F!_~OP- PLAN '× I I A6P,LJALT ~OF ~l~-~ A~uND CHINNN-( I ~'~~T i I Ii COLUNI~ J, uNr~ OF r~L~llNc~ I cJ .................................. ~ FOUNpA~ON ~V I - -k ~ ~ I I I I I I I , j ~ FINI~)tJ c~JUNQ 2NP FLQQP_ F1NLSLI FINI~JJ cr~JIJNQ ~T F~L~O~ F~NL%I V~NTL~I~NQ ~JU'FF[e.b-TTP ~bT FL~Q~ i9 N L%I N~V P~Qt.~I~EP FQuN PATIQN \VALL ~ P FQ4q'INQ i -- cu LT~$LEp 5TQflc F~. NE.\V \VOOP ~TB~ -- 2No FL~ FINLS~ L~T ¢~J4 EE P~T~ ILJ!I ® H Id BNL~U c~uNQ I I I pla talc I PIEI~.A.T pS'12~kl POST, b I ;~ - h I I F1NoW c-E]LiN~ 2NP F~OI~ pNL~I j=lN i.~LJ ~LINC~ C~LUHN SO~rl HOLD N \ \ / SURVEY OF PROPERTY A T SO UTItO. LD TO BIN OF SO UTHOI, D SUFFOLK COUNTY, N.Y. I000--70--05--$4 & $5 SCALE: 1"--40' DECEH£ER 19, 2007 JANU4RY 3, 2008 (ADOIT;ONS) MARCH 5, 2008 (TOPOGRAPHIC SURVEY.) NOTE: DWELLING- PUBLIC WA T£:q' EXIST/NO CESSPOOLS TO BE' REMOVED OR FILLED IN. NEW SEPTIC SYS'FEM (? BEC)ROOUS) 2- ~FACH!NO POOLS 8'D x 6.$' OE£'P V~TH 3' SAND COL!.AR ($'Z/) ,Y+ AS'Ob[ 1000-70--06-34 AREA=47,0~6 S~. FT. TO ~E UNE 1000-70-05-35 AREA=41, Z06 SO. TO fie UNE (VACANT) 95.0~ ELEVATIONS REFERENCED TO N.S. KD. '29 (D~I~LLJNO$ WITH pOE~LJC WATER) The IocoUon of wells ond cesspools shown hereon ore from field obs. ervoUons ond or from doto obtolned from others. ANY ALTERATION OR ADOITTON TO THIS SURI/EY IS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LA~A EXCEP~ AS PER SECTION 7209-SUB01 VISION 2. ALL CER ~FICA TIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF FLOOD ZONE FROM FIRM TES'T HOLE DA TA McOC,'<:'LD G£OS i"~ 2/o;Tes .... 18.2' / "PEOONIC SUR~ (631) 765-502 oF NEt4,, ~ P.O. BOX 909 1230 TRAVELER STREEtI APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS $ Filed By:_ Date Assigned/Assignment No. Hamlet Southold Section_70 Bio _~.__~ot(s) 34__ Lot Size_ 47~086 sq.ft. Zone R-40 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED March 12, 2008 BASED ON MAP DATED March 5~ 2008 prepared by Peconic Surveyors, John T. Metzger, surveyor Applicant(s)/Owner(s): Patricia & Thomas Nadherney Mailing Address: 11 Crescent Beach Avenue~ Huntington NY 11743 Telephone: 673-8940 Fax #: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for (')() Owner, or ( ) Other: Agent's Address: 51020 Main Road, 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 E Authorized Representative, or ~3 Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED March 5~ 2008 APPLICATION DATED March 12, 2008 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [3Other: and DENIED AN Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXIIi Section 280-122 Subsection__(nonconforming setback continued and expanded with second floor) and 280-114 (15 foot side yard setback required) Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section Apriorappeal_~has, hasnotbeenmadeatanytimewithrespecttothis~property~UNDERAppealNo. 4455 __ Year 1997 . (Please be sure to research before completing this question or call our office for assistance.)$ubject parcel 34 is over 40,000 square feet and not merged but applicant owns lot 35. For information purposes lot 35 unmerged from lot 36 & 37 in 1997. ,41so, access for subject parcel ts from a common driveway used by both lots (right-of-way created in 1929) Name of Owner: Patricia & Thomas Nadherney ZBA File # REASONS FOR APPEAL (additional sheets mag be used with preparer's signature): AREA VARIANCE REASONS: (I) Aa undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properfies if granted, because: The exlsfing house will be expanded and second floor reconstructed with new roof line. The first floor wiU be remodeled and kitchen expanded into existlng roof over screened in porch. The proposed expansion of the house is the most economic means of expanding the house because the existing foundation is retained. Maiority of the expansion is for the second floor space. The east side of the house tapers back (see front elevation drawing) limiting the side yard encroachment to the existing first floor~ second floor starts behind first floor. ~'2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The owner wishes to retain as much of the existing house as possible, second floor addition and first floor alterations on existing foundation is proposed. The applicants wish to retire in their home and needs to make house comfortable for full time use. (3) The amount of relief requested is not substantial because: The setback is existing to the property line. The applicant controls the adiacent parcel and the addition will be directly over the existing structure. The adiacent parcel is vacant and they wish to retain the lot for their children. The sanitary system will be replaced and moved out of the wetlands. The property is stable and vegetated. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed house will comply with all energy codes and construction standards. Proper drainage for roof will be provided. The only portion of the foundation which may require footings is the roof over enclosed porch. All other construction is over the existing foundation. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No. The existing house was constructed prior to regulations. Are there Covenants and Restrictions concerning this land: E No. DYes(aleasefurnishcopv). 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 communi~. Check this box ( ) IF A USE VARIANCE IS BEING REQUES~TED~AND PLEASE COMPLETE THE ATTACHED USE VARL4NCESHEET: (Pleasebesure~~ 'Sign~ff~re of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this day of y/~al4 , 20 O ~ . Notary PulPit MARGARET C. RUTKOWSK] Notary Public, State of New York No. 4982528 Qualified In Suffolk County. . Commission Expires June 3, '~LO/! APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:__Patricia & Thomas Nadherny Date Prepared:March 24, 2008 I. For Demolition of Existing Building Areas Please describe areas being removed: existing second floor- new second floor and new roof line II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: first floor of house has new windows, siding and insulation existing covered porch converted to smaller porch and interior space of kitchen. (See floor plans) Dimensions of new second floor: new roof lines and second floor space over existing structure (see survey of existing) attic space above second floor Height (from finished ground to top of ridge): 28 31/2 roof peek Is basement or lowest floor area being constructed? Yes-Cellar, new poured foundation wall and footings under enclosed porch for expanded kitchen and front porch alterations (see foundation plan). If yes, please provide height (above ground) 28 31/2 roof peek measured fi.om natural existing grade to first floor: slopine erade existin~ foundation exposed__(see elevations) 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: see floor plans dated 1- 23-08 prepared by architect, existing foundation retained with alterations shown on foundation plan and new front porch in front yard requires new slab on grade Number of Floors and Changes WITH Alterations: existing second floor (~ floor) alteration to become full second floor. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: existing lot coverage retained Square footage of your lot: 47,086 sq.ft.. Pementage of coverage of your lot by building area:_(~ 40' x 53' house: 2,120 and earaee 30' x 30' = 900 sq.ft. (No change) total 3,020 sq.ft. Lot coveraee is 15%. V. Purpose o£New Construction Requested: expand second floor living space and renovate first floor with new windows, siding, insulation and expanded kitchen. VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): waterfront house on Jockey Creek, existing setbacks maintained, new sanitary proposed. 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 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 March 24, 2008 Southold Town Zoning Board of Appeals Chairman Goehringer and Board Main Road Southold, NY 11971 By Hand Re: Patricia & Thomas Nadherny 1000-70-5-34 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 #4455 dated 3-19-97 involving this subdivision and the adjacent parcel with the common access (for information purposes) 3· Photographs of the existing house, floorplans and elevations prepared by the Architect with height of structure shown survey prepared by Peconic Surveyors PROJECT DESCRIPTION, TRANSACTIONAL DISCLOSURE and QUESTIONNAIRE FORM No COVENANTS AND RESTRICTIONS assessor's property card LWRP previously reviewed for Trustees application My client's check payable to "Town of Southold" Thank you for your continued courtesies. ~---~tricia C. Moore Patricia & Thomas Nadherny 7. 8. 9. cc: AUTHORIZATION To~ Re~ New York State Department of Environmental Conservation Southold Town Zoning Board Southold Town Trustees Southold Town Building Department Suffolk County Health Department Any and All State, County, Local agencies, as necessary Premises at SCTM# 1000-70-%34 Pine Neck Road, Southold Owner: Patricia and Thomas Nadhemy 11 Crescent Beach Drive Huntington, NY 11743 The Undersigned on behalf of myself and my wife, Patricia Nadhemy, hereby authorize my attorney, Patricia C. Moore, and her agents to submit any and all applications which may be required in order to obtain a permit to make additions and renovations to my existing dwelling, as well as any other structures, herein proposed on the above referenced parcel. Thomas Nadhemy TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork. net Examined ,20 Approved Disapproved a/c Expiration ?AR I 9_ 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. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: hone: 20__ ~-l~u~q~)g Inspector ( APPLICATION FOR BUILDIN ~ Dante ~ _.oQ~ ,20 INSTRUCTIONS / a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance ora 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, l~using code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ~ (Signature of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder © Nameofownerofpremises \ ~(LLU ~ t~ · ~---~kOP~a3 (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done:~ House Number Street County Tax Map No. 1000 Section Subdivision Hamlet Block 5 Lot x~ ~/ Filed Map No~,~, ~, ~ ,. ~ ?~a~Lot State existing use and occupancy of premises and in~e~nded use and occupancy of proposed construction: a. Existing use and occupancy ?//Z- ~ ,,-q~4t'd~,~-~ 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. 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear .Depth Dimensions of same structure with alterations or additions: Front Depth Heigh[ Number of Stories Rear 8. Dimensions of entire new construction: Front Height Number of Stories Rear .Depth 9. Size of lot: Front Rear .Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES__ NO__Will excess fill be removed from premises? YES__ NO__ 14. Names of Owner of premises 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__ 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) SS: COUNTY OF~ ~ (~'0~¥---) 9fA~:-Fd~ c ~ p, C~ r~o,3~.~- being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)H~ is the ~ (2.w~. ~j7 ' (Contractor, Agent, Corporate Officer, etc.) Of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this }~o dayof /~/~,~.h 20 O~''~ Signature of Applicant 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 & Thomas Nadherny, Patricia C. Moore Esq._ (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", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other (Trustees) __ X__ 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) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __ C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted/his~i~,~ay0f~ ~o0 . ~ Print N~e: ~ ~~ Patricia Nadhemy, Thomas Nadhemy and ' ~ Pa~icia C. Moore ~ OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Patricia and Thomas Nadhern¥ 1000-34-05-34 A. Is the subject premises listed on the real estate market for sale? [] Yes '~ No B. Are there any proposals to change or alter land contours? E No [3 Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? Yes 2) Are these areas shown on the map submitted with this application? Yes 3) Is the property bulkheaded between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: Application submitted 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? slopes down to Jockey Creek E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? 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? ~ If yes, please label the proximity of your lands on your map with this application. Common driveway with adiacent property H. Please list present use or operations conducted at this parcel residence and detached earaee and proposed use retain all structures- alterations to house and new second floor single-family; proposed: same with garage or pool, or other description.) A.uthori~¢d Signature and Date 2/05; 1/07 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS (Nadhemy) 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination &consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of 8outhold TownJ. 3. 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. B. DESCRIPTION OF SITE AND PROPOSED ACTION: Additions to existing dwelling SCTM# 1000-70-5-34 The Application has been submitted to (check appropriate response): Town Board __ Planning Dept. Building Dept. Board of Trustees X Zoning Board X 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) __ Co) Financial assistance (e.g. grant, loan, subsidy) __ (c) Permit, approval, license, certification: X Wetland Permit for addition to existing dwelling, preexisting side yard Nature and extent of action: second floor addition to existing residence enclosure of existing porch for kitchen. Area already disturbed with existing dwelling, will add dry- wells for roof runoff. New gutters to be connected to dry well. Land elevated away from Jockey Creek, natural buffer existing. Existing structure 64 feet from wetland edge. Location of action: Pine Neck Road, Southold Site acreage: 1 + acre Present land use: residential Present zoning classification: r-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Patricia & Thomas Nadherny (b) Mailing address: Pine Neck Road, Southold NY 11971 (c) Telephone number: Area Code ( 631 ) 673-8940 (d) Application number, if any: AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 631-765-4330 Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X 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 LWRP Section III - Policies; Page 2 for evaluation criteria. Yes X No Not Applicable Property is developed with a single family residence, the owner wishes to relocate and retire and the first floor is to be renovated and bedrooms relocated to second floor. Existing sanitary is only 10 feet from wetlands and the sanitary will be abandoned and new sanitary located in the front yard. Adjacent wetlands are protected with a natural landscape buffer. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes X No Not Applicable - addition to existing residence will not impact historic or archeological resources. Site is previously disturbed with residential construction. Adjacent wetlands are preserved and left in tact. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria YesX No Not Applicable The proposed additions to existing residence arc appropriate in scale and design. House is elevated from Jockey Creek. Attach additional sheets if necessary NATUP,~L COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWXP Section III - Policies Pages 8 through 16 for evaluation criteria Yes X No Not Applicable Dry-wells will be installed, hay bales will be installed prior to construction, existing/ setbacks have been maintained- second floor over existing house. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes X No Not Applicable Additions to existing dwelling will increase living areas, additional bathrooms will require relocation of sanitary to front yard and abandonment of existing sanitary. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section Ili - Policies; Pages 22 through 32 for evaluation criteria. Yes X No Not Applicable Protection of wildlife habitat is maintained by proposed additions- areas of previous disturbance are used for addition, hay bales will prevent erosion during construction. Landscaping already has incorporated use of natural buffers and native drought tolerant plants. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No Not Applicable X No impact on air quality. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes X No Not Applicable Proposed addition will not increase sanitary requirements or generate hazardous waste. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable X proposed addition to Private single family residence. Attach additional sheets if necessary 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 56 for evaluation criteria. Yes X No Not Applicable Existing I-louse is adjacent to wetlands- The existing house and the additions are proposed on the one acres parcel. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes X No Not Applicable · Proposed addition is conducted a m~mmum of 64 feet from wetland edge and above 10' contour. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable X Land is along Pine Neck Road- behind existing dwellings and not contiguous to agricultural lands. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable X No use of energy resources beyond existing use by existing dwelling. APPEALS BOARD ivlEMBERS Gerard R Goehtiager, Chairman Serge Doyen James Dinizio, Ir. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION ADOPTED AT REGULAR IV[EETING OF MARCH 19~ 1997 Appl. No. 4455 - JOHN HARRISON. PARCEL: 1000-70-8-36 (and 70-5-37 as remaining lot) STREET & LOCALITY: 1227 Pine Neck Read, Southold DATE OF PUBLIC HEARING: March 13, 1997 NY Southold Town Hall 53095 Main Road EO, Box 1179 Southold. New York 11971 Fax ¢516) 76~-1823 Telephoae (516) 765-1809 FINDINGS OF FACT: RELIEF REI~UESTED BY APPLICANT: Approval of Waiver under Section 100-26 of the Zoning Code for nonconforming lot identified as 1000-70-5-36, and as a separate lot and unmerg~d ~__o ~fror~ iooo-7o+ z Appli tm lot lOOO- O- - oont s a mirdraum of 40,000 sq. ft. and is therefore net the subject of this waiver application. PROPERTY DESCRIPTION: This property is located in m~ R-40 Residential Zone District, situate along the northeriy side of Pine Neck Road. The lot referred to as 1000-70-5-36 contains a total lot area of 22,466 sq. ft. and is improved with a one-story, single-family dwelling and accessory garage. The remaining lot ~'~ portion contains 15,311 sq. ft. and is vacant land (ail as more particularly shown on July 19, 1994 survey map submitted for conside~ation and made a pa~t of the fi/e). BASIS OF APPEAL: Building Inspector's Action of Disapproval dated November 14, 1996, wkinh reads as follows: "under Article II, Section 100-24A.(1) the lots in question SCTM #1000-70-5, Lots 35, 36 and 37 were created by deed prior to April 9, 1957, and under Section 100-25 the lots in question are nonconforming (for size being located in an R-40 Zone), and have merged because they have been held in common ownership st some thne after July 1, 1983." REASONS FOR BOARD ACTION~ DESCRIBED BELOW: * Each of the two lots were created by deed dated September 23, 1941 as to lot 37, and deed dated September 11, 1953 as to lot 36. * The requested waiver is confirmed to be ihs same original boundary lines as that shown in tile original deeds. * County Maps were relied upon in 1976 for lot sizes, based upor~ deed descriptions fi/ed with Suffolk County prior to that time, showing parcels separately. Page 2 - Appl. $4455 Request of JOHN HARRISON Decision Rendered March 19, 1997 * Lot 36 is improved with a single-family dwelling and a m~n~mum of 850 sq. ft. o£ livabls floor area. 1. The wniver ~ not result in a sigu~ficant increase in the density of the neighborhood b~eause the~e are at least eight (8) improved lots in the immediate vicinity of the subject parcel which 2. The waiver would reeog~dze a lot that is consistent with the size of lots in this neighborhood. 3. The waiver w~H avoid economic hardship for the reasons testified by applicants mud their attorney at the hearing, which reasons are hereby reiterated as ~f re-written in its entirety. 4. The natural det~dls and character o£ the contours and aio~es of the lot will not be significantly ehauged or altered in any m~nsr, a~d thers will not be a substantlai filling of l~ud affec~ng nearby environmental or flood areas because the subject lot is tevel ground. RESOLUTION/ACTION: On morion by ChaPman Goehringer, seconded by Member Diuizio, it was RESOLVED, to GRANT tbds requested Waiver, for the reasons noted VOTE OF THE BOARD: AYES: Members Doyen, Goehringer, Dlnizio, and Tortora. This resolution was u~n~mously edopted (4-0). Actions.zb/70-5.37 RECEIVED AND ~D B~' THE SOUTEOLD T©%%R~ CLEFd( DATE~/~°~? HOUR / D To~ ~e~k, Tox~ of Sou~old TOWN OF SOUTHOLD PtlOPERTY RECORD CARD OWNER N S RES. ~'0 \~t sEAs. LAND IMP. AGE NEW NORMAL VL. TOTAL VILLAGE FARM COMNL IND. CB. DATE BUILDING CONDITION ACREAGE TYPE OF BUILDING; SUB. LOT MISC. Tara I Tillable 3 Woodland Swampland Brushland House Plot Farm Acre Value Per Acre Value Tillab, le Tillable 2 BELOW ABOVE ~ Basement ~ ~ FJ~rs Extension · , ~t. Walls ~ ~:{ ~ Interior Finis~ ~ V = ~ · Porch Attic B:eezeway P~io R~ms 2nd Floor Garage ~ ~ '; J: Zq ~ / ~o .: ~ Driveway O.B.