The URL can be used to link to this page

Home My WebLink About6152 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A, Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southotd, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION~-~,~¢,i]~(~/~__'// MEETING OF SEPTEMBER 4, 2008 $outh d" '~'"'~'~Town ZBA # 6152 -WILLIAM and JOANNE TURNBULL Property Location: 54005 North Road, Southold CTM 52-1-1 (combined lot) 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 April 17, 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: Parcel is 31,972 sq. ft. and contains 13,647 square feet, landward of the Coastal Erosion Hazard Line (CEHL) fronting on the L.I. Sound and improved with a single-family home. BASIS OF APPLICATION: Zoning Code Sections 280-15F, 280-116, 280-124, based on the Building Inspector's amended May 6, 2008 Notice of Disapproval for a dwelling, swimming pool and shed construction at: (1) less than 100 feet from the top of the bluff adjacent to the L.I. Sound; (2) less than the code-required minimum 15 ft. side yard (new dwelling); (3) side yard location and setback at less than 40 feet from the front yard lot line (swimming pool and shed); and (4) lot coverage in excess of the code limitation of 20% (all construction). AREA VARIANCE RELIEF REQUESTED: The applicant is proposing the following areas of new construction: 1. Minimum side yard 15 feet for proposed new wood landing and steps, 16.83 feet to a one-story section of the building, and 25 feet to the two-story residence measured from the easterly side lot lines (construction over and/or in place of the existing one-story dwelling to be partially demolished). Page 2 - September 4, 2008 ZBA # 6152 - WILLIAM and JOANNE TURNBULL CTM 52-1-1 (combined as one lot) 2. Removal of an existing deck to be removed from its currently nonconforming location at the crest of the bluff, resulting in greater conformity for the new dwelling with setbacks all as shown on Drawing St-1 revised 8-18-08 by Melvin I. Gonzalez. 3. Proposed accessory pool structures with a setback at 35.7 feet from the front property line and proposed shed with a 22'1" front yard setback. Both structures are shown in a side yard. 4. Lot coverage is limited by Code with an allowance of up to 20%, and the applicant proposes 19.67% as revised, instead of the original proposal for 26%. LWRP: TOWN CODE CHAPTER 268 DETERMINATION: The Board of Appeals received a June 24, 2008 letter from the LWRP Coordinator under Code Chapter 268 policy standards indicating reasons for inconsistency as proposed: The Town Beach and north of CR 48 of which the applicant's property lies is designated a Scenic Byway, and recommendations to buffer the parcel. Recommendations to minimize losses of life and structures from flooding, and erosion hazards, to include but not limited to (non-turf) vegetated non- disturbance buffers, and a covenant filed in the Suffolk County Clerks Office indicating the procedures taken to protect and restore natural protected features of the site. Together with landward placement of the reconstructed/new dwelling in an area away from the top of the bluff and away from the CEHA restricted areas. SOIL AND WATER CONSERVATION DISTRICT EVALUATION: The Board of Appeals received an analysis of the Bluff and adjacent area in a 4/22/2008 letter from the Suffolk County Soil and Water Conservation District, noting drywells for pool water and fiber backwash as indicated on the applicant's site plan. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 26, 2008 and August 21, 2008, 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: Based on the Building Inspector's amended May 6, 2008 Notice of Disapproval, variances are requested under Code Sections 280- 15F, 280-116, 280-124, for a dwelling, swimming pool and shed construction, at (1) less than 100 feet from the top of the bluff adjacent to the L.I. Sound; (2) less than the code- required minimum 15 ft. side yard (new dwelling); (3) side yard location and setback at less than 40 feet from the front yard lot line (swimming pool and shed); and (4) lot coverage in excess of the code limitation of 20% (all construction). Amended Application: During the June 26, 2008 hearing, the applicants' agent was asked by the Board to remove portions of the proposed reconstructed/new foundation plan, to increase the set back from the bluff, to increase the set back from the easterly Page 3 - September 4, 2008 ZBA # 6152 - WILLIAM and JOANNE TURNBULL CTM 52-1-1 (combined as one lot) side yard, and to reduce the size of the pool, the overall objectives to bring lot coverage into more conformity with the Codes, as well as protect the fragile nature of this parcel while increasing setbacks. 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 will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Based upon the letter dated 8/18/08, the Architect, Melvin Gonzalez stated the following: A. Lot coverage reduction from 26.7% to 19.7%, landward of the CEHL line. B. The easterly side yard setback has been increased from 12.5 feet to 15 feet to the stairs of the proposed dwelling reconstruction, and 16.58 feet to the building. C. The applicants have removed 138 square feet of decking and replaced it with 45 square feet of masonry walkway. D. After making additional revisions to the plans of the proposed home, approximately 90% of the existing foundation will remain and will be brought up to current code. With these revisions placed in the Board's determination, it is determined that the granting of this application will not cause a detriment to the surrounding properties. 2. Town Law §267-b(3)(b)(3)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Even though the lot is almost 32,000 square feet in area, only 13,647 is upland and above the CEHL line which prohibits construction on land below the CEHL line. 3. Town Law .~267-b(3)(b)(3)(3). The amount of relief requested substantial, however consideration has been given for the amendments as proposed for a reduction of lot coverage to meet the code requirements, and other reasons noted above. 4. Town Law §267-b(3)(b)(3)(5). The difficulty has not been self created. 5. Town Law §267-b(3)(b)(3)(4). Based upon the modifications made by the applicants, there is no indication that the granting of this variance application would adversely impact either the physical or environmental characteristics of the district. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the requested construction, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 7. For the above reasons, it is also determined that the application as amended is consistent with the policies of Code Chapter 268 (LWRP). Page 4 - September 4, 2008 ZBA # 6152 - WILLIAM and JOANNE TURNBULL CTM 52-1-1' (combined as one lot) RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Chairman Goehringer, and duly carried, to GRANT the (amended) variances as applied for, as shown on drawing St-1 revised 8-18-08 by Melvin I. Gonzalez, Architect, subject to the following conditions: Follow recommendation for remaining plantings and additional plantings, as per recommendation of the Town LWRP Coordinator by letter dated June 24, 2008 to buffer the site from the Scenic Byway of County Road 48 (a/k/a North Road, Middle Road). This decision is conditioned on the setbacks and information furnished as evidence during the final hearing held on August 21, 2008: (a) August 12, 2008 Letter from by Melvin I. Gonzalez, R.A., A.I.A. and 8/12/08 site data drawing 1 of 4; (b) Final site Drawing St-l* as revised 8/18/08 stamped certified and signed by Melvin I. Gonzalez, Architect. * This final site drawing and above noted letter indicate all set backs from all property lines for the primary dwelling as well as all accessory structures. 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. Thc Board reserves the right to substitute a similar design that is~[~ in nature for an alteration that does not increase the de eeofno, confo , . '-h Vote of the Board: Ayes: Members Goehringer...C~airman), Oliva, ~on aK Weisman. TJ~s ~on w~t'duly adopted (4~0). (Member Dinizio was absent.) // /r / ~ // / G.~E-R:ARD P. GOEHRINGEI~;-CHAIRMAN 101/ /2008 ~./Approved for Filing cee 4nc~ c~rrec~tec~. S~lep~x_ _OT-I S,3 45 O0 E, Land Now or ~lice Kontokosto ........................... ~ Public ................. 7/X/,.,,,,,.,,.,., Formerly S of: O% O~ ',, 213.73' .......... >od fence SITE DATA PROPERTY: = 31,972 S.F. PROPERTY: lANDWARD OF C.E.H.L - 13,647 S.F. EXISTING RESIDENCE - 1,440 S.F. , PROPOSED FRONT PORTICO & STEPS ,- 76.59 S.F. PROPOSED FIRST FLOOR ADDITIONS - 366.59 S.F. PROPOSED REAR N/W VERANDA = 109.68 S.F. PROPOSED (ROOFED OVER) GATE ENTRY - 27 S.F. PROPOSED (WEST) LANDING & STEPS - 15.118.F. PROPOSED (EAST) lANDING & STEPS - t7 S.F. OUTDOOR SHOWER - 12 S.F. SUB -TOTAL FOOTPRINT = 2,063,69 $,F, '., ~.,.. o ;, ~"~o~,,,~ ~. ~/ ~ ~PR°P°SED S.ED - ~ S.~. - ,~.~ S.~. ~ ~ ,,,,,, Li ~ ~ ALLOWABLE LOT COVERAGE= ~.647 S.F, x 20% = ~.72~.4 S.F. , ~ 11.4, I- ' ' - ['"-, ,_.. ~ '~. ~ ~ ........ ,, , ~ ~ ~ ~. ',%/ ,,,,,, ,, ,, ,, ~,,,, ~ ~ .. ,,,,...,. '~ ............ , % '.! '. ",~..,.. ~'~ ~ ~ ~ ~ ~ ~ ~ ~ ~' ~ i ~ ~ ~ · ~ BY SURV~OR BECAUSE OF ~CK OF ACCE~ , ,,,, ~ ~ ~ ~ ~ ~w~, , ~ ~ ~ NOTES: 5C^L~ ,'= Io'~" £fle no: 04:42 OO , ~ ~ EL~ATIONSR EFE R ~CENGVD '2g DATUM ~ ~ SH~ ~ o~ 4~ PHOTO No. S~a S/~/~S~ ~ , ' ',, ,~ ..~ ' ", , ~ ~ ~ ~ FLOOD ZONE LINE REFERENCES FIRM ~TE ~ ", " ~ ', ' ~,, - ~ '~ ~WELLING ~O~E~TE~ TO ~U~LI~ WATER '~ ' " k ~ AR~ 28,4118.F. OR 0.65 ACR~ ~ '" ',, ",",','t t ~ ?o~ ' r 30'-2" NOTE: ~ ~ ~ ' ~ ' '~ ~ ~, -- ~ : 6EAST~ ST~ET ~E~,N,Y. 11901 ~ ,~ ...., , ..~, _. . ~ ~ , . ,.~,. ~ ~ ~ to eooc ~/ / ~.Y.~ uc N~ ~0~0~ < ~X ~ ~" " " ~' ' '( 0 ~ ~>~ , , , ,. ,, , ** ~ ~ '",., ", o ~ ',',,. '., ~. ', .....~ ~'. % .....o ., ,,, , .. , ,.,_, , , ,~ ~ ~ ~ ~ '.. '.',, '. ','. N '~ ~ ~, ~ ~ '., ,,,,.. ., ,~... ~ ,,-.~, . ,.:~ Platings & Gro~d Cover .., .,. ,o,. .,, }~ ~, , ',,, 'x ~ " " ~ ~ E~st~g Tree ', , .,,',,'.,,. :~ ',.... ,,.,, ~ ~ / // ..... . ~ .... Proposed ~c~tect~al Site PI~ for ~e: I ,, ", ".. '~,~ '"-. "',,"'-, / ', " "...",',",, ",. ' ".. ,' ~ // T~~L ~S~ENCE ~ - '-. - , 54005 No~ Road Sou~old, New York '- -~ ~ 0~ ~RO~GT ~TR~fiT .,. .. .. YORK " '"-199.22' N51 '45'00"W ",,, '"'"'"" SEE (631)385-7771 (fax) Town of Southo d ~z ",,+ "" ' ,nfo~ghgarch.ne, .......... ..- ............... " .... ~t~; ~aw~g ~o~ .. ) ............... public beach no facilities ',, ,~.. '"'"'" Stl Architec~al Site Plan & Limits of Established Bluff Plantings d MULB] .& .~. ........... IREVIEWED BY .ZBAI ",,, , ...... . ................................. Legend _~- × ',.. '%c°'" Indicates Direction of Photo '~',,. ./ ............................... ..' ~:.~¢, ,¢.,-'~. Plan ting s & Ground Cover existing in this to 'x ." be pump~,d & /' Existing Tree backfilled with clean son ....... ............. ' ...... , Proposed Architectural Site Plan for the: ", TURNBULL RFSIDENCE '\ 54005 North Road Southold, New York .., ?~0 .... GALLAGHER e~ PROSPECT STREET ~4 HOMBURGER HUNTINGTON' NEW YORK 1174a "'-.., . ..................... '" ,,' ¢30 GONZALEZ (631)385-7722 " ..... '"" /'" ~ (631)385-7771 (fax) .............. .,,,,,,' .............. ...,.'*'"'"'"'"'"' ARCHITECTS, PLLC info~ghgarch.net ~ O~ %~r'~co .~irchitectural d.,~:drawing no: / 6-20-07 .... :: 1/4"-1'- -0" / Limits revisions: ..................... : %11-07 / 5CALF:I" = 20'-0" 7-19-07 ................................... ~/ 8-8-08 i rile no: 04:42 / / r oatdo~r Exist'g Master Bedroom Exlsfg Bath IL_--JI Master ./ GRADE LEVEL MASONRY TERRACE Veranda Sun Room wet bar op~ning Exist'g Living Room Cath Clg DOOR DOOR L~brary ) BE KBMOV~D Dinette 6'.0" 8"8" Foyer New Portico II Hallway Powder First Floor Plan Scheme - K SCALE: 1/4"- 1'-0" 8-8-08 EXISTING RESIDENCE - :[,440 S.F. PROPOSED (HABITARLE) ADDITIONS ' 366.59 S.F. TOTAL FIRST FLOOR HABITABLEARERA ' 1,806.59 S.F, , MAP BY SITE DATA PROPERTY: ' 31,972 S.F. ~b~ F PROPERTY:LANDWAR=DOFC.E.H.L.'~. /~,f~LV"~$,r~ EXISTING RESIDENCE =:[,440 S'F' PROPOSED FIRST FLOOR ADDITIONS - 366.59 S.F. PROPOSED R-EAR N/W VERANDA - 109.68 S.F. PROPOSED (ROOFED OVER) GATE ENTITY - 27 S.F, PROPOSED (WEST) LANDING & STEPS - :~5.11 S.F. PROPOSED (EAST) LANDING & STEPS - :[7 S.F. OUTDOOR SHOWER -/2 S.F. SUB-TOTAL FOOTPRINT - 2,063.69 S.F. PROPOSED SHED - 96 S.F. PROPOSED KIDNEY SHAPE POOL - 525.65 S.F. TOTAL FOOTPRINT- 2,685.34 S.F. ----'~-- · i~l~ ~' (~ Proposed alteration to the.' TURNBULL RESIDENCE 54005 North Road Southold, New York GALLAGHER HOMBURGER GONZALEZ ARCHITECTS, PLLC 91 PROSPECT STREET HUNTINGTON. NEW YORK 11743 (631 )385-7722 (631)385-7771 (fax) Info(~ghgarch .net 4'11 2r.9n 2'9" II #1 Bedroom #2 Bedroom #3 9'-8' Cath Cig at Living Room g Hallway unfinished attic open to Fo[er below / Second Floor Plan SCALE: 1/~-" = 1'-0" Scheme - K 684 S.F, Bath II II wall below FINAL MAP REVIEWED BY ZBA AUG I 8 2008 Proposed alteration to the.' TURNBULL RESIDENCE 54005 North Road Southold, New York GALLAGHER HOMBURGER 91 PROSPECT STREET HUNTINGTON, NEW YORK GONZALEZ (631)385-7722 (631)385-7771 (fax) ARCHITECTS, PI.LC Info(I~ghgarch. net @ FOYm~ 2 ND FLR ELEV: +~'-10 1/4" BASItMENT ELEV: -7'-2 1/4" From Elevation SCALE: 1/4"= 1'-0" Scheme -K iFINAL MAP REVIEWED BY ZBA SEE DECISION ii ~/5~ ATED ~ I ~_ I_~ ~ii- 1STFLR T,O, PL~.TE HOT -- T.O. PLYWD SUBFLR. (~ 2 ND FLR @ISTFLRELEV:-0'-6" Proposed alteration to the'. TURNBULL RESIDENCE 54005 North Road Southold, New York Right Side Elevation SCALE: Lef~ Side Elevation SCALE: 1/4"= 1'-0" 2 ND FLR 2 ND FLR lST FLR JSEE DECISION ,! Proposed alteration to the: TURNBULL RESIDENCE 54005 North Road Southold, New York GALLAGHER HOMBURGER GONZALEZ ARCHITECTS, PLLC 81 PROSPECT ,STREET HUNTINGTON, NEW YORK 1174 (631)385-7722 (631)385-7771 (~x) Info~)ghgarch.net BOARD OF APl: drawing no: 1-12-07 1/4"~1'-0" of 4 2:8-8-08 3:8-12-08 ~ile no: 04:42 EXISTING 2" x 8" F,J, EXISTING C1LA WL SPACE EX~ST[NG C R~KWL SPACE EXISTING ONE CAR GARAGE EX[S~fNG ~ x 8 EXISTD-4G BASEMENT NEW EXISTING CRAWL SPALE NEW CRAWL SPACE 2" x 8' FLR. EX~STDqG2 x§ F,. (2) EXiSTtN@ CRAWL SPACE EXISI1NG2 xg r.. (/516" O,C. t!XIST!NG FOUNDATION 7'0 KEMAN (7TP): NEW CfLAWL SPACE 2" x 8" FLR. I JOISTS (o~16" O,C. (2) F.J, 2" x 8" FLR. JOIS [S ict~16 FINAL MAP -:WED BY DATED --5' 05-06-2008 15:31 $OUTHOLD BUILDING DEPT 1~317659502 PA~E1 FORM NO.3 TOWN OF SOUTIIOI.D BUII. DING DEPARTMENT SOIJTHOLD, NY NOTICE OF DISAPROYAI, MAY28 2008 BOARD OF APPEALS William Tambull P O 1527-48 24t~ Ave. Whitcstone, NY 11357 Date: January 25, 2008 Amended: May 6, 2008 Please take notice that your application dated February 11,2008 For permit for reconstruction of an existin~ dwelling, plus acc¥ pool & shed at L__o_~?t_[i, .o,n of uroDertv at 54005 North Road, Southold. NY County Tax Map No. 100(}- Section 5__2 Block 1 I,ot 10 & I Is returned herewith and disapproved on the followim, ~rounds: The construction on this non-conforming 31,972 so. tt. 1ot(13,647 scl. fl. landward of CEHL] is not ocrmitted pursuant to Article XXIII Section 280-124 which states: "This section is intended to provide minimum standards for a'ranting o fa buildin~ oemait for the orincioal buildings on Ires which are reco~,mi×ed by the town trader 2~80-9 are nonconforming & have not mcroed oursum~t to 280-10." The required side yard s_ctbaek is 15'. The survey ind, icates the oro~osed construction to ,be setback 12.5'. Also. the nrooosed construction is not permitted t>ursuant to XXII Section 2,8,,0-116 which states: "All buildings & s[rucmres located on lots adiacent to sounds.., shall be set back not Fewer than 100 feet from, the top of such bluff or bank." The sm'vey indicates construction at aol~rox. 10' from top of the bluff. In addition, thc proposed accessory ingmund pool & shed ar~ not permitted vursuant to Section 280-15F w~c~_,s_tates: "In the case of waterfront parcel, accessory ... strugB!res may be located in the front y~',d~ P~o'vided that ...such structures meet the front yard onnmval setback reqmremems... The nrooosed accessories are partially in th~ Sidle yard. The oool is proposed at 3~5 & would be 40'. the shed is proposed at 23'. Thc reauired front yard setback · In addition~ the required lot cove,rage is 20%. The orooosed lot covera~ Authorized Sigmature Amended for elarifieatlon of lot coverage amount. FORM NO.3 TOWN OF SOUTHOLD BUILDiNG DEPARTMENT SOUTHOLD, NY NOTICE OF I)ISAPROVAL Date: January 25, 2008 To: William Turnbull ~ 9'[ P O157-48 24th Ave. Please taWkh~t~;neee' t~aYt lylo3u~57application dated December 24, 2007 , ~. ~ '¥.~. ~o~ For permit for reconstruction of an existing dwellin~ plus acc,~ pool & shed at Location of property at 54005 North Road, Southold, NY County Tax Map No. 1000- Section 52 Block 1 Lot 1 Is returned herewith and disapproved on the following grounds: The construction on this 31,972 sq. fi. lot (13,647 sq. ft. landward of CEHL) is not permitted pursuant to Article III Section 280-124 which states: "This section is intended to provide minimum standards for granting ufa building permit for the principal buildings on lots which are recognized by the town under 280-9 are nonconforming & have not merged pursuant to 280-10." The required side yard setback is 15'. The survey indicates the proposed construction to be setback 12.5'. Also, the proposed construction is not permitted pursuant to XXII Section 280-116 which states: "All buildings & structures located on lots adiacent to sounds.., shall be set back not fewer than 100 feet from the top of such bluff or bank." The survey indicates construction proposed at 10' from the top of the bluff. In addition, the proposed accessory inground pool & shed are not permitted pursuant to Section 280-15 F which states: "In the case ora waterfront parcel, accessory buildings & structures may be located in the front yard, provided that such buildings & structures meet the front yard principal setback requirements ..." The proposed accessories are partially in the side yard. The pool is proposed at 35.7' & the shed is proposed at 2Y. The required front yard setback would be 40'. Also, the required lot coverage is 20%. The proposed lot coverage is 28%. Authorized Signature JOANNE AND WILLIAM TURNBULL~ 54005 NORTH ROAD, SOUTHOLD Figure L Looking east along shoreline from adjacent beach facility to west at subject dwelling (in Jk~reground) and neighboring dwellings to east. Figure 2. Looking east from adjacent beach facility to west directly at subjeet dwelling. JOANNE AND WILLIAM TURNBULL, 54005 NORTH ROAD, SOUTHOLD F2tgnre 3. LooMng east at stakes demarcating northerly limit °f Proposed easterly expansion of dWelling. FigUre 4. Looking south at ribbons demarcating northerly limit of proposed northerly expansion of dwelling into footprint of existing deck. JOANNE AND WILLIAM TURNBULL, 54005 NORTH ROAD, SOUTHOLD Figure 5. Looking south at stakes demarcating easterly limit of proposed easterly expansion of dwelling. Figure 6. Looking north at stakes demarcating easterly limit of proposed easterly expansion of dwelling. JOANNE AND WILLIAM TURNBULL, 54005 NORTH ROAD, SOUTHOLD Figure 7. Looking west over stakes demarcating location of proposed shed. Figure 8. Looking north over stakes demarcating location of proposed pool JOANNE AND WILLIAM TURNBULL, 54005 NORTH ROAD, SOUTHOLD Figure 9. Looking south toward County Road 48 over stakes demarcating locations of proposed pool and shed. Figure 10. LooMug north over County' Road 48 at subject property (~:isting dwelling obscured by vegetation). Fee: $ Filed By~ Office Notes: For Office Use Only Date Assigned/Assignment No. APPLICATION TO THE SOUTHOLD TOWN Parcel Location: House No. 54005 Street NORTH ROAD Hamlet SOUTHOLD SCTM 1000 Section 52 Block I Lot(s) I Lot Size31.972S.F. Zone DistrictR-40 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: JANUARY 25, 2008 Owner as Applicant: WILLIAM & JoANNE TURNBULL Mailing Address: 157-48 24TH AVENUE, WHITESTONE, NY 11357 Telephone: 718-746-3137 Fax: NOTE: If applicant is not the owner, state if applicant is owner's attorney, agent, architecl, builder, contract vendee, etc. Authorized Representative: EN-CONSULTANTS, INC Address: 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 Telephone: 631-283-6360 Fax: 631-283-6136 Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) [] Authorized Representative [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: [] Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [3 Change of Use [] Permit for As-Built Construction Other: 12-17-07 Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXlll Section 280- 124 Subsection B Article XXIl Section 280- 116 Subsection A Type of Appeal. An Appeal is made for: & Article Ill Section 280-15 Subsection F []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 [] Reversal or Other A prior appeal [] has [] has not been made with respect to this property UNDER Appeal No. Year Page 2 Owner: WILLIAM & JoANNE TURNBULL REASONS FOR APPEAL (additional sheets may be used with applicant's si~natare): AREA VARIANCE REASONS. (l) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: SEE ATTACHED (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: SEE ATTACHED (3) The amount of relief requested is not substantial because: SEE ATTACHED (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: SEE ATTACHED (5) Has the alleged difficulty been self-created? ( )Yes, or ( )No. SEE ATTACHED This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PI(EASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) ~ Sworn to before me this 17TH Signatur~pellant or AuthoriZed Agent (Agent must submit written Authorization from Owner) ROBERT E. HERRIVIANN COASTAL MANAGEMENT SPECIALIST 1. Impact on Community Character a) The relief sought from Article XXIII Section 280-124 is required for the placemem of the dwelling expansion 2.5 feet closer to the easterly side property line than is required by code. This relief would not adversely impact the character of the community nor the neighboring property, as the dwelling and side yard is elevated above and not readily visible from the fronting high speed roadway, and the adjacem easterly dwelling is located less than 10 feet from the same property line. b) Relief is also required from Article XXII Section 280-116 (A)(1) and Article XXIII Section 280-124 (B), respectively, for the construction of the proposed dwelling renovations less than 100 feet from the crest of bluff and the coverage of more than 20 percent of the 13,647 square-foot portion of the 31,972 square-foot parcel that is situated landward of the CEHA boundary property. This relief is necessary due to the proximity of the locations of the bluffand CEHA boundary line to the road, which pursuant to §280-4 results in the exclusion from the property's "buildable" land area more than 18,000 square feet or nearly 60% of the total lot area. Because the entire developed shoreline to the east is similarly constrained, however, virtually all of the neighboring dwellings along this developed coastline are similarly located less than 100 feet from the top of the bluff, including the two immediately to the east that are situated visually closer than both the existing and proposed dwelling footprints. Those properties are also similarly improved both in scope and content (see attached aerial photo). Therefore, this relief will not significantly change nor adversely impact the character of the community or surrounding properties. c) Finally, relief is sought from Article III Section 280-15(F) for the placement of the proposed swimming pool and associated accessory shed partially in the sideyard and less than the 40 feet they would be required to be set back from the roadway. Pools are disallowed in sideyards both because of the impact the activities and associated noise could have on the side neighbor's living area and because of the visual impact the pool and related structures (e.g., fencing) could have on what is otherwise required to be a free and clear side yard when viewed from the street. In this case, however, the neighboring property is a public beach facility elevated more than 15 feet below in elevation, from which the pool would be neither readily visible nor audible. The pool would also not be visible or audible from the fronting high speed county roadway. The only neighboring residential property is that to the east, which would be less affected than if the pool were placed in a conforming from or rear yard, where it would be closer to that property. Therefore, the relief necessary for the pool and shed will not adversely impact the character of the community or surrounding properties. All of the relief required is either directly or indirectly a consequence of the significant constra'lnts on the available area and configuration of"buildable land" created by the presence of the bluff and associated CEHA boundary in the rear yard and of the land contours in the front of the house that slope downward up to six vertical feet over the nearly 54 horizontal feet between the existing dwelling and roadway. Specifically, because of the proximity of the preexisting principal structure to the bluff and the sharp angling of the bluff crest landward and into the southwest portion of the property, placement of the pool in the rear yard is impossible and any dwelling expansion here would require variance relief. The downslope and presence of the depressed driveway and highway to the front of the house in mm make placement of the pool in the front yard and/or relocating the dwelling farther from the bluff and closer to the road both impracticable and undesirable and would preclude the reuse of a major portion of the existing foundation. The current design, therefore, is the most practicable and feasible alternative for what is proposed but due to the reasons outlined above invariably requires variance relief, as would all less practicable and desirable alternatives. 3. Is Relief Substantial? a) The relief sought from Article XXIII Section 280-124 for the placement of the dwelling expansion 12.5 rather than 15 feet from the easterly side property line is not substantial, as it reflects less than 17% of setback relief, and the dwelling will remain set back farther from the property line than the neighboring dwelling to the east. b) The relief required from Article III Section 280-15(F) for placement of the shed and swimming pool partially in the westerly sideyard and less than 40 feet from the road is not substantial because there is no potentially affected neighboring living area to the west and no potentially affected roadway activity or neighboring properties located across the street, as would be the case in a smaller and more idyllic setting where recreational activities might occur in or immediately across from a quiet street. c) Due to the proximity of the crest of bluff and associated CEHA boundar-y to the roadway, mathematically substantial relief is required from Article XXII Section 280- 116 (A)(1) and Article XXIII Section 280-124 (B), respectively, for the construction of the proposed dwelling renovations less than 100 feet from the crest of bluff and the coverage of more than 20 percent of the 13,647 square-foot "buildable" portion of the 31,972 square-foot parcel. Relative to the existing conditions, however, the relief requested is not substantial because while the proposed deck will be set back only 10 feet from the crest of the bluff, the existing deck is located 0 (zero) feet from the bluff. Thus, an increase in bluff setback for the principal structure will actually be achieved by the project via the removal of the portion of existing deck currently located closest to the bluff. Moreover, the footprint of the dwelling proper, which will at its closest point be located 20 feet from the bluff crest, will be constructed in place of the existing deck footprint and thus not encroach further upon the existing bluff setback. Cumulatively, the granting of the relief will actually result in a net improvement to the physical and environmental conditions of the site due to the mitigation that has been incorporated into the renovation project, which would not otherwise be implemented if the renovations were not granted the relief necessary to undertake them. Specifically, the project will establish partially in place of existing fertilized lawn and partially in place of existing deck structure located adjacent to the bluff a 10-foot wide and approximately 2, 039 square- foot non-turf buffer to be planted with native vegetation. This vegetation can also be used to help further screen the proposed improvements, particularly the swimming pool and shed. The project would also replace the preexisting nonconforming sanitary system located less than 100 feet from the bluff crest with a Suffolk County Department of Health Services- conforming and approved sanitary system located more than 100 feet from the crest of bluff. The project would implement a drainage system of drywells to capture and recharge roof runoff from the renovated dwelling and an additional drywell dedicated to containing pool backwash. Consequently, the project will result in a net reduction in the volume of runoff down the bluff and in the potential concentration of fertilizers, fungicides, and other chemicals contained therein. It will also result in a net improvement in the treatment of on- site septic effluent entering the groundwater table adjacent to Long Island Sound. These positive project impacts are encouraged not only by Chapter 275 (Wetlands) of the Town Code, but are also consistent with the applicable Local Waterfront Revitalization Program (LWRP) Policies 3, 5, and 6, which seek to enhance visual quality and scenic resources adjacent to the shoreline; protect and improve water quality; and protect the quality and function of Town wetlands, respectively. Accordingly, the project was deemed consistent with the LWRP by the Town Board of Trustees, who issued Wetlands Permit No. 6680 for the project. Without the implementation of the proposed renovations, none of these environmental improvements would be realized. Is the Difficulty Requiring Variance Relief Self-Created? a. The relief sought from Article XXIII Section 280-124 for the placement of the dwelling expansion 2.5 feet closer to the easterly side property line than is required by code is self-created. b. The relief sought from Article XXII Section 280-116 (A)(1) for the renovations of the principal structure less than 100 feet from the crest ofbluffis not self-created due to the location of the preexisting dwelling and to both the physical and regulatory constraints of the site, as outlined in #2 above. c. The relief sought from Article III Section 280-15(F) for placement of the pool and shed partially in the side yard and less than the required 40 feet from the road is not self-created because placement of a swimming pool anywhere on the parcel would require relief due to the reasons outlined in #2 above. d. The relief sought from Article XXIII Section 280-124 (B) to exceed the allowable 20% coverage of"buildable land" is not self created due to the constraints and configuration of buildable land created by the presence and configuration of the crest of bluff and CEHA boundary line, as outlined in #2 above. EPARTMENT OF PLANNING OUNTY OF SUFFOLK SIEVE LEVY SUFFOLK COUNTY EXECUTIVE April 17, 2008 APR 2 3 20O7 BOARD OF APPEALS THOMAS ISLES, AICP DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Turnbull 6152 Kenin 6153 ' Traendly* 6154 Conklin 6155 Scourakis 6157 *The number and degree of variances sought may warrant a denial of the application. Very truly yours, Thomas Isles, AICP Director of Planning TRK:cc S/sTheodore R. Klein Senior Planner LOCAIION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR · P.O. BOX 6100 · (631} 853-5191 100 VEIERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 IELECOPIER (631} 853-4044 SOIL AND WATER CONSERVATION DISTRICT FAX: (631) 727-3160 Steve Levy SUFFOLK COUNTY EXECUTIVE Thomas J. NcN&hon DISTRICT MANAOER (631)727-2315 Gerard P. Goehringer, Chairman Town of Southold Board of Appeals 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 April 22, 2008 Re: ZBA File Ref. No. 6152 (Tumbull) Dear Mr. Goehringer: We have completed a site inspection of the parcel located at 54005 North Road in Southold as you have requested. This parcel has an existing home with a well established lawn. Most of the rear yard leading to the bluff- top is flat or slopes gently away fi.om the bluff toward the house and front yard. Roof water runoff at the present time is directed to gutters and downspouts and exits into the ground where it is piped toward the bluff and exits down to the beach below. That is what the Homeowner told me. After new construction takes place, new gutters and downspouts should be directed into drywells to alleviate the surface water runoff which will increase with the increase in the roof size as shown on the Site Plan. The bluff face is low in elevation and heavily vegetated. There is an existing stairwell leading to the beach below in good repair. Normal high tides do not appear to reach the toe of the slope. There is no toe stabilization present on this parcel nor does there appear to be a need for any at this time. Storm level tides do however reach the toe. The area immediately in front of this parcel's bluff toe has patches of Beachgrass growing along the toe out to approximately ten feet towards the water. On the beach there are many drifavood logs and debris from the Town Park to the west. To the east of this parcel the neighboring parcel is bulkheaded. Trees on the bluff face or along the bluff-top edge should be cut down at their bases and removed. Debris and cuttings should be kept off the bluff face so it does not smother existing vegetation and add unnecessary weight to the sandy soil surface which can cause sloughing. 423 GRIFFING AVENUE SUITE 110 RIVERREAD, NY 11901 2 The side yard area where the proposed pool is to be located is flat and has no potential erosion problems at the present time. When a pool is installed a drywell should be installed to contain filter backwash and draining of the pool as is shown on the Site Plan. If you have any further questions regarding this site, please feel free to contact us again. Respectfully, Paul A. TeNyenhuis, Senior Soil District Technician ZBA File Ref. No. 6152 (Turnbull) MEMORANDUM From: Date: Gerard Goehringer, Chair Town of Southold Zoning Board of Appeals Mark Terry, Principal Planner LWRP Coordinator June 24, 2008 JUN 2 5 2OO8 BOARD OF APPEALS Re: ZBA file Ref. No. 6152 (Tumbull) 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 3.1 Enhance visual quality and protect scenic resources throughout the Town of Southold. A. Minimize introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character. B. Restore deteriorated and remove degraded visual components. C. Screen components of development which detract from visual quality. D. Use appropriate siting, scales, forms, and materials to ensure that structures are compatible with and add interest to existing scenic components. E. Preserve existing vegetation and establish new indigenous vegetation to enhance scenic quality: 1. Preserve existing vegetation which contributes to the scenic quality of the landscape. 2. Allow for selective clearing of vegetation to provide public views without impairing values associated with the affected vegetation. 3. Restore historic or important designed landscapes to preserve intended or designed aesthetic values. 4. Restore or add indigenous vegetative cover that presents a natural appearance. J. Protect visual quality associated with public lands, including public transportation routes, public parks and public trust lands and waters. 2. Limit alteration of shoreline elements which contribute to scenic quality. 6.3 Protect and restore tidal and freshwater wetlands. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. The proposed action is located east of Town Beach and north of County Route 48~ a designated New York Scenic Byway. It is recommended that the Board require that existing mature vegetation remain in place through the establishment of a vegetated non-disturbance buffer to meet the intent of the above policies. It is further recommended that the buffer be preserved and maintained into perpetuity through a covenant and restriction filed with the Office of the Suffolk County Clerk. 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: 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 use is residential and therefore is not a "water dependent use". Due to the depth of the lot (435'h there is ability to site the residential structure further away from the CEHA area to maximize the distance from the "hazard area" and minimize the potential of future structural loss. The proposed action does not meet the above reasons to warrant "maintaining existing development" within this erosion hazard area. The distance from the proposed deck to the top of bluff line is 10 feetl the distance from the proposed house is 30 feet; a minimum separation distance of 100 feet is required pursuant to 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 l OO 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 policy 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. 1. Require that a vegetated, non-disturbance buffers be established on the north/west and south sides of the property. Require that the applicant file a covenant and restriction with Suffolk County Clerk regarding the establishment and maintenance of the buffers. Figure 1. Subject site showing existing vegetative buffers. Figure 2. Showing existing vegetation relative to Town Beach area. 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: Kieran Corcoran, Assistant Town Attorney 3OARD OF APPEALS OFFICE LOCATION: (eot. Main Rd. & Youngs Ave. MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD MEMORANDUM To: From: James King, President Town of Southold Board of Trustees Mark Terry, Principal Planner ~" LWRP Coordinator Date: June 14, 2007 So~:t~,ol~ Tow~i Re: Request for Wetland Permit for William and Joanne Tumbull SCTM# 52-1-1 WILLIAM & JOANNE TURNBULL requests a Wetland Permit to partially demolish an existing one-story, one-family dwelling for the purpose of renovating and constructing a two-story, one-family dwelling wherein proposed expansion of the existing dwelling shall be situated partially upon and partially beyond existing foundation walls and all seaward expansion shall occur over and in place of the existing wood deck; construct 10'X 13' addition to existing deck; construct 20'X 37' in-ground swimming pool, masonry pool patio, and 8'X 12' shed; and install a new sanitary system, public water service line, drainage system of drywells, pool drywell, outside shower, and pool enclosing fence. Located: 54005 North Rd., Southold. SCTM#52-1-1. 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. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. R - 7 2008 BOARD OF APPEALS 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. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. 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. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The proposed distance to the proposed two story house from the crest of the bluff is 20 feet; the distance from the proposed in ground pool to the crest of the bluff is feet; a minimum setback distance of 100 feet from the bluff line is required pursuant to Chapter 275-3. Findings; purpose; iurisdiction; setbacks. Please require that the applicant amend the application to meet the above policy to the greatest extent practical. preparing its written determination regarding the consistet Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in . APR - 7 2008 OARD OF APPEALS James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 July 24, 2007 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert E. Herrmann EN-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: WILLIAM & JOANNE TURNBULL 54005 NORTH ROAD, SOUTHOLD SCTM# 52-1-1 Dear Mr. Hermann: The Board of Town Trustees took the following action during its regular meeting held on Tuesday, July 24, 2007 regarding the above matter: WHEREAS, EN-Consultants, Inc. on behalf of WILLIAM & JOANNE TURNBULL applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated May 30, 2007, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 4 & 6 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: installation of gutters and drywells to contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff, a line of staked hay bales to be installed prior to construction, a 10 foot non-turf buffer, septic moved out of Trustee jurisdiction, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on July 24, 2007, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of WILLIAM & JOANNE TURNBULL to partially demolish an existing one-story, one-family dwelling for the purpose of renovating and constructing a two-story, one-family dwelling wherein proposed expansion of the existing dwelling shall be situated partially upon and partially beyond existing foundation walls and all seaward expansion shall occur over and in place of the existing wood deck; construct 10'x13' addition to existing deck; construct 20'x37' in-ground swimming pool, masonry pool patio, and 8'x12' shed; and install a new sanitary system, public water service line, drainage system of drywells, pool drywell, outside shower, and pool enclosing fence, with the condition of the installation of gutters and drywells to contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff, a line of staked hay bales to be installed prior to construction, a 10 foot non-turf buffer, septic moved out of Trustee jurisdiction, and as depicted on the site plans prepared by John C. Ehlers Land Surveyor, last dated October 18, 2007, and received on October 22, 2007. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $100.00 ' 3 Very truly yours, James F. King President, Board of Trustees JFK/eac BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6680 DATE: JULY 24~ 2007 ISSUED TO: WILLIAM & JOANNE TURNBULL PROPERTY ADDRESS: 54005 NORTH ROAD~ SOUTHOLD SCTM# 52-1-1 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on July 24, 2007, and in consideration of application fee in the stun of $250.00 paid by William & JoAnne Tumbull and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to partially demolish an existing one-story, one-family dwelling for the purpose of renovating and constructing a two-story, one-family dwelling wherein proposed expansion of the existing dwelling shall be situated partially upon and partially beyond existing foundation walls and all seaward expansion shall occur over and in place of the existing wood deck; construct 10'x13' addition to existing deck; construct 20'x37' in-ground swimming pool, masonry pool patio, and 8'x12' shed; and install a new sanitary system, public water service line, drainage system of drywells, pool drywell, outside shower, and pool enclosing fence, with the condition of the installation of gutters and drywells to contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff, a line of staked hay bales to be installed prior to construction, a 10 foot non-turf buffer, septic moved out of Trustee jurisdiction, and as depicted on the site plans prepared by John C. Ehlers Land Surveyor, last dated October 18, 2007, and received on October 22, 2007. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. SOUTHOLD TRUSTEES No. ~ Issued ToJ~uCT~~~d~ Date~? Address ~'~' ' THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 5UR',ZE"r' OF PRO~ 51TUATE, ARSHAHOMA~ TO~N: 50UtHOLD 5{~FOLK ¢~:~IT~, ~ N TO.~ OF $OUTHOLD I'' :~r'E '/~//~ z./~2, J C-RAPHIG ~_..ALE I"= ~' JOHN C. EHLERS LAND SURVEYOR RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REFA~mpaqserve~pr~'~05-102 rev. I00307 new house.pm SURVEY OF PROPt:::R"I"h' 51TUAT~, ARSHAHOHAG~E TO~N~ 5OUTHO~ 5UPEOLK C~UNT~, N~ 5OF'FOLK GOUNT¢ TAX Il 1000-52-1-1 ~'rl.~I ~ 'I'0: N Tesl: Hole 02-1q-200b El.= 20' / / HONUivlENT FOUN~ ROOP ~IN ELEMATIOIX~ REFERENCE N~VD '2q DATUPI GOASTAL EROSION HAZAP4~ LINE A~ fiHO~l ON AF~A HAP 5Ill'l'l II OF 4~t PHOTO No. 55-5~1-8~ ~LOOD ZON~ L~N~ REU.~L=NGE-~ FIRH RAT~ HAP ~10~1~ ~ PAlP HA~ 4, EXISTI~ ~OO~ ~ ~ ¢ ~ ~P 4. At~__A = 2¢,411 5.F:. OR O..~5 ACRE5 ®~APHIG ~2ALE I"= ~O' .) SITE DATA: JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STROll' N.Y.S. LIC. NO. 50202 RIVERHF_,AD, N.Y. 11901 369-8288 Fax 369-8287 REF.\~Compaqse~vet~oros~iV)5-102 rev. 022708 new house.pro fA)WV'Eh' OF Pt~OF'bt< ;UFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES pE1UVi]T FOR APPROVAL OS'CONSTRUCTION FOR A ~1NG LE FA~L%' RESFD£NC~ ONLY ~o~x~iuMo~' z/~ooMs E~PIRES THREE YEARS FROM DATE OF APPROVAL N complct~aWWM.' NOTE~, JOHN C. EI-ILERS LAND SURVEYOR 6 BAST MAIN STREET N.Y.$. LIC. NO. 50202 R/VERHBAD, N.Y. 11901 369-8288 Fax 369-8287 PJ~.%~Coml~q~.r ver~um~SV)5- 102 rev. 100307 new hou~.p~o DAVID G. GRAHAM, M.D., M.PH. CHIEF DEPUTY COMMISSIONER COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES BRIAN L. HARPER, M.D., M.P.H. COMMISSIONER PERMIT ELIZABETH M. HARRINGTON, ESQ. DEPUTY COMMISSIONER The attached plan, when duly signed by a representative of the Department, constitutes a permit to construct a water supply and/or collection system for the property as depicted. The applicant should take note of any conditions of approval, which may be indicated on the plan or enclosed herein. Construction must conform with applicable standards including "Standards for Approval of Plans and Construction for Sewage Disposal Systems for Single Family Residences" and "Standards and Procedures for Private Water Systems." Omissions, errors or lack of details on the plan does not release the applicant from the responsibility of having the construction done in conformance with applicable standards. The permit (plan) expires three (3) years after the approval date. Any modifications which may affect the proposed sewage disposal or water supply systems requires submission of a revised plan and additional fees (if applicable) for reapproval prior to construction. No inspections will be performed by the Department on expired permits. Permits may be renewed, extended, transferred or revised in accordance with the procedures described in "Submission Requirements for Approval of Sewage Disposal and Water Supply Facilities for Single Family Dwellings" (Form WWM-041). It is the applicant's responsibility to call the department at 852-5754, in advance, to arrange inspections of the sewage disposal and/or water supply facilities prior to backfilling. These include inspections of the sewage collection and disposal systems, water supply system components and piping, and final grading as shown on the approved plans. In certain cases, inspections of the soil excavation may be required to determine the acceptability of the soils for sewage disposal systems. The Department must be notified at least 24 hours in advance to schedule an inspection and excavation inspections must be confirmed by calling 852-5700prior to 9:30 A.M., the morning of the htspection. Article VII of the Suffolk County Code, "Septic Industry Businesses," requires that all installers of septic systems within Suffolk County shall possess a valid license frown the Suffolk County Office of Consumer Affairs. This office can refuse to perform inspections or grant final approval for the construction of projects that are installed by an unlicensed individual It is, therefore, in your best interest to utilize a cesspool contractor with a valid license to avoid substantial delays in your project. FINAL APPROVAL ISSUED BY THE DEPARTMENT IS NECESSARY PRIOR TO THE OCCUPANCY OF NEW BUILDINGS, ADDITIONS TO EXISTING BUILDINGS, OR FOR THE USE OF SEWAGE DISPOSAL OR WATER SUPPLY SYSTEMS. WWM-058 (REV. 9/05) PAGE 1 OF 2 *DIVISION OF ENVIRONMENTAL QUALITH*OFFICE OF WASTEWATER MANAGEMENT*360 YAPHANK AVENUE, SUITE 2C*YAPHANK NY 11980* PHONE: (631) 852-5700 FAX: (631) 852-5755 TOWN'OF $OUTHOLD BUILrqHG DEPARTMENT TOWN l~LI. SoIYrHOLD, NY 11971 TEl;: (631) 765-1802 FAX: (631) 765-9502 www, northfork-neU$outhold/ E~ami,~d ,20 Approwi ,20 PERMIT NO. BUILDINi,.'~RM1T APPliCATION CHECKLIST Do yo~ have or need th~ f,Mlowing, before applying? Board of Heakh - -4 .~.ets of Building Plans - Planning Bo~ approval Survey Septic Form ' N.Y.$.D.E.C. Trust.s Contact: li p Xor APPLICATION FOR BU1LI~ING PERMIT Dat ,, INSTRUCTIONS a. This application MUST be C°mpletely fi/led in b~typ~writ~'or in ink and submitted to the Building Inspector with 3 sets of plans, aoouram plot plan to scale. Fee aceordin~ ~o m:bedule. b. Plot pla~ showing location of lot and of buildings on preminca, mhtiouship to adjoining premises or public str~ts or c. The work covered by this application may not be ~menc.~d before issuance of Building Permit. ~' shall '-- ,d..Upon.,appmva~. of this .,al?lication, the Builtling Insp~'tor will, !Sano a Blhlding Permit to th~ applicant. Such a permit · o~ ~ on me pr~mses available for h~pection throu~h.._out the W0~k. ' · c. No building shall be occupied or used in whole or in pa~ for any purpose what so ever until the Building Inspector issu~ a Certificate of Oc~upa~y. ' f. Every buildi.$ permit shall expire if thc work authorized has not'cOmmt~ within 12 months after thc date o f issuance or has not b~n completed witl~ 18 moniks from such-date. If no zoni.gamendmmts or other regulations affecting the property have been ensaed in the interim, the Building Inspector may authorize, in writinE, the extension of the p~mit for an addtiion six months. Tha~ffter, a n~v pennit shall be required. APPLICATION IS HEREBy MADE to thc Building Department for the issuance of a Building Pormit pursuant to the Building Zone Ordinance of the Town of Sout~hold, Suffolk County,- New York, and other applicable Laws, Ordinances or P,~'ulatious, ' · .. . · for tbe conshm_ction of buildings, additions, or alterations or for removal or d~aolition as herein described. The applicant agrees to comply with all appliceb~ laws, ordinal!c~, building code, housing ooden and t~ulatious, and to admit autberized ~n~ctor& on premi~ and in ~iiding for n~,~y iusp~.nions. (S;-,,-;..-~ of applicant or name, ifa corporation) {Mailing addreas of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner ofpremises N ILL, iA'b4 (As on the tax roll or latest d~xt) If applicant is a co~o~t~n, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians Lic~ase No. Other Trade's License No. 1. Location of land, on which proposed work will be done: House Number Street... "-; Hamlet Cotmty Tax Map No. I000 Section t~.~. Block ~O~ Subdivision Filed Map No. (Name) Lot ~0 I a. =~asun=useanaoccupancv ~l~l/~. ~,4~,..~ ~'/f_Y p'.o~_posedconstruction. 3. Nature of work (check which applicable): New Builcling_ Addition ~ Alteration ~ Repa/r_ Removal Demolition Other Work ~I~Fo~.~t? 4. Estimated Cost ~ (~.~'~ tTt~ Fee 4 ~-~ (Description) 5. If dwelling, numbe~ of dwelling units ' [ (To. be paid on filing thislapPlication.) If §arage, number of cars .... ~./-~x Number of dwelling umts on each floor... 6. If business' c°mmemial or mixed occupancy, apecify nature and extent of e. ach type of use. 7. D/mens/ohs of existin . ' t ~1 I! ' Height I ~) - [~ ~um~r of Sto~ · I ' Dimensions of ~me structu,-- ...--- --- .;""-- .. ~,0~ ~, ~:~ r~,,.u. ,~ 4-'1 .-, ' ~ ,w~,u~ mmranon~_ ,0~ additions- Front Rear ~,=~u, '1-.~" - :e~,. Height ~;Z L.-~[" ' Number of Stones -'2 t~e~0bt ~ ~ ~ - ~' Number of ~to~es ~ ~_. Depth. ~-~ 1 l" Zone °r use distr/ct/n which prem/ses nre s/t~ated ~ +~ 12. Does ]proposed construction violate any zoning law, ordinance or regulafi~on? YES ~/'NO 1.3. Will lot be re-gtaded? YES. NO'"' ~/Will excess fill be rem°'ved fr°m premises? yES ~/NO 14' Nnmes °f Owner °f premi .ses~Address~~Phone No (~ NemeofCo~' ~,..~[~ ~ ~s - - -,--~f ...... .~ '_ t'none , . .. r ~'~aore~ .-.' '/~f~ Phone No. 15 a- Is thi-~ ProPertY within 100 feet of a tidal wetland or a freshwater wetland? ,YES ~/~NO · IF YE~, SOUTHOLD TOWN TRUSTEES & D.E.C. PERM1T~ MAY BE REQUIRED. b. Is this property withln 300 fe~t of a tidal wethn~?, YES ~"NO - * IF YF_~, D.E.C. PERM1TS MAy BE REQUIRED. " : 16. Provide survey, to scale, with .at,ware foundation plan and distances to property lines. 17. If elevation at any po/nt on property is at 10 feet or below, must provide topograph/cal data on survey. ¥ogto N I L L IA H -l'U EIJ l?,lJ LL duly sworn, deposed-and says that (s)he is the applicant (Name ofi,~i~iduai sL~,~-$ %om~ct~-) abo_v¢_ _~n~e~_ (S)He is the ~ (Con.actor, Agent, Coqx~ate O~ccr, etc.) of said own~ er ownc~, nna is duly authorized to pe~onn or have performed ~c ~id work and to make and fde this application; that all statements come.cd in tl~ appUcatian a~c ~'ue to the be~t of Ns knowledge nnd beUe£; and that t~c work will bc pe~ormcd in the m~ner set t'og~ in the application ~led therewith. Sw/om,~o befor~ me N~ ~b~c ME~NIE DOROS~ NOT~Y PUBLIC, State of N~ No. 01D046~870 ~ua~ied in Suffolk Signature of Applic.~ant TOWN OF 80DTHOLD BUILDIN(~ DEPARTMENT Town Glerk'~ O~ice Southold, N. Y. Certificate Of Occupancy THIS CERTIFIES that the building located at . .N/J~ .llor.th.ltoad. (CI~7). Street Map No. ~c ......... Block No.. ~ ...... Lot N~X:X~.../~:tllold...I/,~/ ............. . , ~..,.~.~.u_~.~e~s...!~.~_~o f.~llz ~wo,].li~f ~,~o_tke/ng code conforms substantially ~o me .................. -- ' It . late..o.f occupancy da~bU~l ... bm. fore..Apr...23.., 19..~? pursuant to which ~m~u~o. 7, .?~0~ dated July 1 .., 19 76 was ~ssu ......................... , ' ed, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is ~ued ~, .~F.~.v.~t.~..o.n.e...~.a.~.~. ~..4w..e.!~.~g ....................................... The certificate is issued to . .P.h~..1. Sp...F.$Fg.~.aB ....... .0k~eF..~'. I'.~.qgr~, ......... (owner, lessee or tenant) of the aforesaid building. St~olk County Department of Health Approval p.l~-, e~X$~.~.g .................... UNDERWRITERS CERTIFICATE No .... p..x~..-..~.i.s~i~ .......................... HOUSE NUMBER ...... .~f. 00~.. Street .. ~q.r~ch .l~9~.d....(g..~.? )...S. 9B~hq].~l..PJ~D, .... .......... APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: WILLIAM & JoANNE TURNBULL Date Prepared: MARCH 17, 2008 1. For Demolition of Existing Building Areas Please describe areas being removed: EXISTING STUDY, FOYER AND KITCHEN ON SOUTH SIDE AND SUNROOM AND BEDROOM NO. 2 ON NORTH SIDE TO ITS FOUNDATION. SUBSTANTIAL DEMOLITION WITH RECONSTRUCTION AND ADDITION. 11. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: RECONSTRUCTION - 740 S.F.; ADDITION = 576 S.F. (HAB), 258 S.F. (NON-HAB) Dimensions of new second floor: ADDITION - 650 S.F. Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): 32'-7" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: NO 111. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number ofFloors and General Characteristics BEFORE Alterations: (8)ROOM, 1 1/2 BATH AND LOWER LEVEL GARAGE, ONE-STORY WOOD FRAME RESIDENCE WITH REAR DECK AND WALKWAYS. Number of Floors and Changes WITH Alterations: SECOND FLOOR ADDITION, TWO BEDROOM FOR A TOTAL OF (10) ROOMS; TWO BATHROOM ADDITION FOR A TOTAL OF 3 1/2, REAR VERANDA AND DECK ADDITION. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2,227 S.F. OF "BUILDING Proposed increase of building coverage: 1,422 S.F. OF ~ Square footage of your lot: 13,647 S.F. OF "BUILDABLE LAND" Percentage of coverage of your lot by building area: 26.7% LOT COVERAGE V. Purpose of New Construction Requested: ADDITION AND ALTERATION TO E~ISTII~G SINGLE FAMILY 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): PLEASE REFER TO "AREA VARIANCE REASON #2" FOR A DESCRIPTION OF THE LAND CONTOURS BETWEEN THE EXISTING DWELLING AND NORTH ROAD AND HOW THEY RELATE TO THE DIFFICULTY IN MEETING THE CODE REQUIREMENTS. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants,com ENVIRONMENTAL CONSULTING March 18, 2008 Mark Terry, LWRP Coordinator Planning Board, Town of Southold P.O. Box 1179 Southold, NY 11971 Re: TurnbuH~ 54005 North Road~ Southold - Addendum to LWRP Consistency Assessment Form Dear Mr. Terry: Attached please find an LWRP Consistency Assessment Form that is being submitted to you in connection with an application being concurrently submitted to the Board of Zoning Appeals. You will note that this same document was delivered to you last year in association with a Wetlands Permit application submitted to the Board of Trustees for essentially the same work. As I have been advised by Linda Kowalski that resubmission of this form is required by the Office of the Board of Zoning Appeals, however, I am submitting this letter as an "Addendum" to our Consistency Assessment Form in order to make you aware of revisions that were made to the 24 April 2007 site plan since it was originally presented to you. These revisions, which are reflected on the attached site plan last dated 25 February 2008, were made in response to comments offered during your previous consistency review and by the Board of Trustees, who ultimately determined the application to be consistent with the LWRP based on the incorporation of these changes. Specifically, in order to further the project's consistency with Policies 3, 5, and/or 6: 1) The proposed swimming pool, patio, and shed were reoriented and/or relocated closer to the road, which increased the mount of zoning relief required for the pool and shed from the required front and side yard setbacks but also mitigated the amount of relief required for those structures from the crest of bluff setback. 2) An approximately 99 square-foot portion of the existing deck located nearest to the bluff shall be removed. 3) The above noted portion of deck to be removed and existing lawn areas shall be replaced with a 10-foot wide and approximately 2,039 square-foot nonturf buffer to be established adjacent to the top of the bluff and planted with native vegetation. 4) The proposed upgraded sanitary system was relocated closer to the road in order to situate the leaching pools more than 100 feet from the crest of bluff. Should you have any questions regarding this matter, please do not hesitate to contact me. ~~ yourS, ~ Robert E. Herrmann Coastal Management Specialist cc: Linda Kowalski, Board of Zoning Appeals Town of Southold A. LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS I. A~lap~licantsforpermits*inc~udingT~wn~fS~uth~~dagencies~shallo~mp~etethisC~AFfor proposed actions that are subject to the Town of $0uth01d W aterfr0nt Consistency Review Law. This assessmentisintendedt0supplement0therinf0rmati0nusedbyuT0wn0fS0uthnldagencyin m a k in g a d ete r m i n a ti0 n 0 f o u n s is t e n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- suDDortine facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. SCTM# 52 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 1 PROJECT NAME WILLIAM & JoANNE TURNBULL The Application has been submitted to (check a.p.pfopriate response): TownBoard ['--] Planning Board [~ Bu,ldmgDept.~-~ Board of Trustees [~ 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: Nature and extent of action: Partially demolish existing one-story, one-family dwelling for the purpose of renovating and constructing a two-story, one-family dwelling wherein proposed expansion of the existing dwelling shall be situated partially upon and partially beyond existing foundation walls and all seaward expansion shall occur overand in place of the existing wood deck; construct 10' x 13' addition to existing deck; construct 20' x 37' inground swimming pool, masonry pool patio, and 8' x 12' shed; and install a new sanitary system, public water service line. drainage system of drywens, pool drywell, outside shower, and pool enclosing fence, all as depicted on the site plan prepared by John C. Ehlers, L.S., last dated April 24, 2007. Location of action: 54005 North Road (County Road 48) Site acreage: 28,411 S.F. (0.65 acres) Present land use: Residential, one-family dwelling. Present zoning classification: R-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: WILLIAM & JoANNE Tumbull (b) Mailing address: 157-48 24TH AVENUE WHITESTONE, NY 11357 (c) Telephone number: Area Code 718-746-3137 (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?. C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. I--lYes [-3 No Not Applicable The project entails the partial demolition, reconstruction, and expansion of an existing dwelling at a previously developed site in a developed community. Policy I is not applicable to the project. 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 No Not Applicable The subject property does not contain norO the project affect historic or archaeological r~rces ;nor is the project located in a historic maritime area. Policy 2 is not applicable to the project. 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 [~Yes ~ No [~ Not Applicable Inasmuch as Policy 3 may be applicable to the project, the project entails the partial demolition, reconstruction and expansion of a presently existing dwelling. The project is not readily visible the coastline; it will not represent a significant variation from the existing developed character of the property; and it is situated within a presently and similarly developed coastline. Therefore, neither visual quality nor scenic resources will be affected by the project, and the project will be consistent with Policy 3. At~ach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria As the project does not relate to erosion control management issues or structures, Policy 4 is not applicable. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes [--] NO [~] Not Applicable All new construction shall be located within the footprints of the existing dwelling and deck and/or landward of the preexisting nonconforming structural setback from the bluffcrest established by the deck; and all but 39 s.f. of new deck will be located more than 100 feet from wetlands. To ensure consistency with Policy 5, a row of staked haybales and project limiting fence will be installed landward of the crest of bluff to contain site disturbance during construction; a drainage system of drywells will be installed to capture and recharge roof runoff from new dwelling; a drywell dedicated to pool backwash will be installed to contain pool backwash; and an upgraded sanitary system will be installed to provide proper treatment of on-site septic waste. The project will therefore be consistent with Policy 5. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. The project will be consistent with will not create any new clearing or site disll~llnce or stage any new construction closer to the crest of bluffor tidal waters than the existing structure to be partially demolished, reconstructed, and expanded. Moreover, temporary and permanent ecosystem protection will be provided via the measures outlined in Policy 5 (see above). No wetlands or other natural resources will be affected by the project, and the NYS DEC has exempted the project from the State's Wetlands Laws. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~] Yes ~]No[~] Not Applicable The project will neither affect nor have an impact on air quality in the Town of Southold, Policy 7 is not applicable to the project. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [~ Yes [~ No [~ Not Applicable The project will neither create nor require the handling of solid waste or hazardous substances. Policy 8 is not applicable to the project. 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 Southoid. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~] Yes ~ No[~ Not Applicable As the project area is limited to the portion of the property located landward of the crest of bluff (with elevation exceeding 22' MSL), public access to and recreational use of the adjacent coastal waters and public lands and resources will not be affected by the project. Policy 9 is not applicable to the project. Attach additional sheets if necessary WORKING COAST POLICIES Po. lic~ 10. Protect Southold's wt.-dependent uses and promote sitil~pf new water-dependent statable locations. See LWRP SL~tl~on IH - Pohc~es, Pages 47 through ~lll~or evaluation criteria. ~-~ Yes ~ No [~ Not Applicable The project neither proposes nor affects water-dependent uses. Policy 10 is not applicable to the project. uses in Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~] Yes [---] No [~ Not Applicable The project neither proposes nor affects commercial or recreational fisheries or other uses associated with the living marine resources of Long Island Sound. Policy 11 is not applicable to the project, Attach additional sheets if necessary Policy 12, Protect agricultural lauds in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [--] Yes [--] No [~ Not Applicable The project site is neither situated on nor adjacent to agricultural Iands, Policy 12 is not applicable to the project. 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 The project affects neither the use nor development of energy and mineral resources. Policy 13 is not applicable to the project. PREPARED BY /~6-41/'x----- '" ROBERT'I~ 'blERRMANN T ITL E COASTAL MGMT SPECIALIST DATEMay 29, 2007 Amended on 8/1/05 ! 4 16-4 (9/95)--Text 12 I PROJECrI.D. NUMBER SHORT 617.20~ Appendix C State Environmental Quality Review ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only PART I -- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I APPLICANT/SPONSOR: I 2. PROJECT NAME I WILLIAM & JoANNE TURNBULL BY EN-CONSULTANTS, INC. 3 PROJECT LOCATION: Municipality SOUTHOLD County SUFFOLK 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) :~935 PINE TREE ROAD, CUTCHOGUE, TOWN OF SOUTHOED; SCTM #1000-104-3-8 5. IS PROPOSED ACT [] New G E~pansio~l [] Modification/alteration 6 DESCRIBE PROJECT BRIEFLY: FORM SEQR Partially demolish existing one-story, one-family dwelling for the purpose of renovating and constructing a two-story, one-family dwelling wherein proposed expansion of the existing dwelling shall be situated partially upon and partially beyond existing foundation walls and all seaward expansion shall occur over and in place of the existing wood deck; construct 10' x 13' addition to existing deck; construct 20' x 37' inground swimming pool, masonry pool patio, and 8' x 12' shed; and install a new sanitary system, public water service line, drainage system of drywells, pool drywall, outside shower, and pool enclosing fence, all as depicted on the site plan prepared by John C. Ehlers, L.S., last dated February 25, 2008. 7. AMOUNT CF LAND AFFEL;~ ~ Initially 0.65 acme Ultimately 0.65 acres 8. VV]LL PROPOSED ACTION COMPLY WtTH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Des [] No if No, describe briefly 9. WI--iAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park Forest/Open space [] Other DEC, SCDH, SOUTHOLD TRUSTEES NYS DEC LETTER OF NON-JURISDICTION #1-4738-01152/0003, SCDH R10-05-0186; AND SOUTHOLD TRUSTEES #'s 6210 & 6680 12. AS A RESULT Of PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [~Yes []N o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOW1. EDGE Applicant/sponsor name ROBERT ~NAGEMENT SPECIALIST D A T E MARCH ]7, 2008 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II- ENVIRONMENTAL ASSE-~MENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD ~N 6 NYCRR, PART 617.47 If yes. coordinate the review process and use the FULL EAF F'-IYes r-]No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.67 If no, a negative declaration may b superseded b another involved agency. ['~ Yes C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING, (Answers may be handwritten, if legible) C1. Existing air quality. Surface or groundwater quality or quantity noise levels, existing traffic patterns, solid waste production or disposal potential for erosion, drainage or flooding problems! Explain briefly: C2 Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources: or community or neighborhood character? Explain briefly: C3. Vegetation of fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly, C6 Long term, snort term, cumulative or other effects not identified in C1-C57 Explain briefly. C7 Other impacts (including Changes in use of either quantity or type of energy)? Explain briefly. D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? E IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? []Yes [] No If Yes, explain briefly PART III- DETERMINATION OF SIGNIFICANCE (To be Completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with Its (a) setting (i.e. urban or rural), (b) probability of occurring; (c) duration; (d) irreversibility; (c) geographic scope; and (f) magnitude, if necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have boon identified and adequatety addressed. If- question D of Part 11 was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse impa~cts which MAY occur. Then Proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box it you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Frmt or I ype Name Ol b(espons~Dle (JE~cer m Leao Agency Signature of Responsible (J~/icer in Leaa Agency Date Signature of Preparer (If different from responsible officer) New York State Departrr t of Environmental Division of Environmental P[!l~nits, Region One Building 40 - SUNY, Stony Brook, New York 11790-2356 Phone: (631) 444-0365 · FAX: (631) 444-0360 Website: www.dec.state.ny.us Conser ion LETTER OF NON JURISDICTION - ARTICLE 25 Denise M. Sheehan Commissioner December 19, 2005 Mr. William Tumbull 157-48 24th Avenue Whitestone, NY 11357 Re; Application # 1-4738-01152/00003 54005 North Road, Southold SCTM # 1000-52-1-1 Dear Mr. Tumbull: Based on the information you have submitted the Department of Environmental Conservation has determined that: The referenced property landward of the topographic crest ofa bluffin excess of 10 feet in elevation as shown on the survey prepared by John C. Ehlers dated 1/12/05 and last revised 8/3/05, is beyond Article 25 (Tidal Wetlands Act) jurisdiction. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required. Be advised, no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Article 25 jurisdiction which may result from your project. Also, there cannot be any disturbance to vegetation or topography seaward of the crest of bhiff. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hale bay berm. Please note that this letter does not relieve you of the responsibility o~g any n~'ec~essary permits or approvals from other agencies or local muni/~il~alities.~ ~ S~n~erel Permit Administrator cc: MHP En-Consultants file QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes [] No Are there any proposals to change or alter land contours? [] No [] Yes, please explain on attached sheet. 1) Are there any areas that contain sand or wetland grasses? Y ES 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: WETLANDS PERMIT NO. 6680, ISSUED 7/24/07. 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 Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting?NO (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel?NO the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel RESIDENTIAL, ONE-FAMILY DWELLING and proposed use NO CHANGE PROPOSED (exa~ single-family; proposed: same with garage or p~l, or other description.) Authorized SVg~ture and Date 2/05; 1/o? ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST APPLICANT Q OTRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER andOWNER'S AGENT) The Town of Southold's Code of Ethics nmhibits conflicts of interest on the part of Town officers and emnlovees. The Dumose 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: Turnbull, William (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 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% oftbe 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 SubmiRed this day of Signature: ~ APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER andOWNER'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 necessar~ to avoid same. (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 V,/ Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) 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 j 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 Print Name: EN CONSULTANTS, INC. 1319 No~h Sea Road So.hampton, NewYo~ 11968 631-283-6360 Fax: 631-283-6136 www. enconsultan~.com ENVIRONMENTAL CONSULTING December 10, 2008 Linda Kowalski Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Joanne and William TurnbuH~ App. No. 6152 ZONING BOARD OF APPEALS Dear Ms. Kowalski: Pursuant to our recent telephone conversation, I am enclosing herewith the materials I understand will be necessary for the Board to process an administrative clarification of the captioned variance approval. We are requesting a clarification because the approved site plan referenced in the Board's 3 October 2008 decision, i.e., the site plan p~ared by Gallagher, Homburger, and Gonzalez Architects, PLLS, last dated 8-18-08, contains a drafting error. Specifically, the draftsperson preparing the site plan inadvertently identified as the "crest of bluff" the boundary line actually representing the existing "edge of established plantings and ground cover," which is located up to 30 feet landward of the crest of bluff in the westerly portion of the property. (The error is not apparent in the easterly half of the property due to the coincidence of the bluff crest and edge of plantings there). This drafting error consequently depicts the westerly half of the 10-foot nonturf buffer in the wrong location and creates the appearance that the Board of Appeals approved the swimming pool and shed closer to the bluff than they will really be. Please note that no setback or coverage calculations were based on this errant boundary line. Although we agreed that this error therefore does not affect the substance of the project nor even the language of the Board's decision since no crest-of-bluff setbacks were noted in the decision, I believe it would be in the best interests of the Turnbulls and the Board of Appeals to clarify this matter for the record. To that end, I have enclosed herewith: 1. A copy of the approved site plan striking in red the edge of plantings mistakenly identified as the crest of bluff and highlighting in green the correct crest of bluff line as digitally transferred from the John Ehlers survey; A copy of the site plan most recently dated October 20, 2008, which has been revised to correctly depict the crest of bluff and location of the nonturf buffer and to provide specific setbacks from the approved structures from the crest of bluff(i.e., 25' to shed, 27' to pool, and 20' to house). Please note although the site plan has also been revised to round the comers of the masonry patio and to relocate the sanitary system farther l~om the bluff, no changes to the design, scope, or location of any approved or regulated structures have been made nor are proposed. Should you have any questions or require any additional information from me, please let me know, and I thank you in advance for your time and attention to this matter. Coastal Management Specialist cc: William and JoAnne Turnbull 08/18/2008 16:00 F.~ 6312836136 EN-CONSULTANT$,INC, ~001 13t9 Nor{h Sea Road Souffiampton, NY 11968 Phone: (631) 283-6360 Fmc. (6319 283-61:~ www.enconsu~nts.com Unda KowalskJ From.' Rob He~mann 765-9064 ~ -S ~ 765-1809 mmic: August 18, 2008 Tumbull ~ .......... ~-.- -- ~ 2"~ "~-e of the resubmitted architect s p~ans, lal:)elea araw~ g . . The number the architect uses a basis for dotaflT]lr31l~g ]O~ coverage ~anclwara or Co{Tect and is the same ama calc{Jlated by John Et'dem, 13,647 square feet These calculatione are shown on the last 2 lines of the table. However, because the architect has a typo on the 2'~ line of the table noting the It4 area landward of the CELIA boundary as 13,972 square feet, I will have him prepare a revised sheet that I can drop off on Wednesday. Call me if yOu have any Mrthe~ questions, else I'll see you Thursday afternoon. Rob Rober~ E. Henmm~n Coastal Management Specizlist En-Constfltants, ~c. ~u~pt~, ~ ~e: F~: ~l-~l~ ~: ~h~~o~n~.com APPEALS · TRANSMITTAL WITHOUT COVER LETTER DELIVERED ~ / 1~/200~ TO ZBA OFFICE ./ - t 08/18/2008 16;00 FA.~ 6312836138 EN-CONSULTANTS,INC. ~002 51TE DATA PROPERTY: LANDWARD OF C.E.H.L. - EXISTING RESIDENCE ' :1.440 ~.F. PROPOSED FRONT PORTICO & STEPS - 76.59 S.F. PROPOSED FIRST FLOOR ADDITIONS = 366.59 S.F. PROPOSED REAR N/W VERANDA = 109.68 S,F. PROPOSED (ROOFED OVER) GATE ENTRY - 27 PROPOSED ONEST) LANDING & STEP~ - 15,11S.F. PROPOSED (EAST) LANDING & ~I'EPS - 17 S.F. OUTDOOR SHOWER -/2 S,F. SUB -TOTAL FOOTPRINT - 2,0~&~9 S,F, PROPO~ED SHED - 96 $.F, PROPOSED KIDNEY SHAPE POOL "525.65 S.F. TOTAL FOOTPRINT .-2,~5/~-'F~~ C,.'~,-~L' ' ALLOWABLE LOT CO~ x 20% m 2.729.4 S.F. Proposed alteration to the: TURNBULL RESIDENCE 54005 North Road Southold, New York GALLAGHER HOMBURGER GONT~ALF.,Z 91 PF~O~P£GT STREET HUNTINGTON, NEW YORK A~CI'IITECTS, PLLC 11743 (631)385-7722 (631)385-7771 (fax) Info~ghgareh,net Gallagher=Homburger=Gonzalez Architects, PLLC 91 Prospect Street, Huntington, NY 11743 TEL: (631) 385. FAX: (631) e-mail: Town of Southold Zoning Board of Appeals Town Hall 53095 Route 25 P.O. Box 1179 Southold, N.Y. 11971o0959 REF: William & Joanne Tumbull 54005 North Road Southold,~LY~44941 Tax MaI~l 11-~ ,~ August 12, 2008 Dear Zoning Board members, Pursuant to the Variance Boards comments at the June 26, 2008 hearing, we have made amendments to the plans and site plan as recommended. As a result, two items have been eliminated from the original variance submission. The overall lot coverage with respect to the area landward of the C.E.H.L. has been reduced from 26.7% to 19.67% and the distance setback along the east property line has been increased from 12.5f~ to 16.58 f~. at the houses edge and 15 ~ at the landing & steps edge. The extent of the proposed amendments to the construction project, as submitted to your office, shall consist of additions and alterations to the existing structure; demolition of the existing roof structure with the exception of the living room and removal of interior and exterior walls as shown on plans. In addition, the Owners have opted to replace all areas of the existing wood deck with masonry pavers at grade and propose to remove 138 s.f. of existing deck just north of the C.E.H.L. and added 45 s.f. of masonry walkway south oftbe C.E.H.L. The project also includes some first floor additions, a one story covered veranda to the north, a new second floor and alterations to exterior walls with new windows, doors, sheathing, siding and trim. The north and east walls of the existing Suuroom and Bedroom, the east and south walls of the existing Bathroom and Kitchen, and the south walls of the existing Foyer and Study must be demolished and new foundation walls constructed as shown on the foundation plan. Approximately, 90% of the existing foundation will remain in place and be brought up to code compliance. We have however noticed several areas at the exterior wall sill plates with some rotting that will be removed and replaced accordingly. Should you ~/~in~oj~aatiol~ please contact my office. ~ects, PLLC Cc: Rob Hem~ (En-Consul~ts~ill & Jo~e Tmbull EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING Linda Kowalski Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 BOARD OF APPEALS,, May27,2008 Re: Joanne and William Turnbull~ Aoo. No. 6152 Dear Ms. Kowalski: In furtherance to my letter dated 5 May 2008, please find enclosed a copy of an amended Notice of Disapproval prepared by the Building Department, dated May 6, 2008, which was amended to clarify that relief is requested for 26.7 percent lot coverage instead of the previously stated 28.0 percent. Please amend our application accordingly. Re~ly yours, Robert E. Henuamn Coastal Management Specialist cc: William and JoAnne Tumbull 05/27/2008 12:52 FAX 6312835~36 EN-CONSULTANT$,INC. EN-CONSULTANTS, INC. O02 1319 North See Road Southampton, New York 11968 631-28,3-6360 Fax: 63t-283-6136 www,enconsultants,com ENVIRONMENTAL CONSULTING LiMa Kowalski Town of Southolcl P.O~ Box 1179 Southoid, NY 11971 MAY 27 ~1)08 BOARD OF APPEALS May 27, 200g Rq.;.~.J,~,-,e and Wi!liam TuFnbulL Ann. No. 61S2 In furtheranc~ to my letter daIed 5 May 2008, please find enclosed a copy of an Immncled Notice of Disapproval prepar~ by the Building DoparUnem, dmd May 6, 2008, which wm ~nended to clz~fy ~ relidis reque~ed for 26.7 perc~t lot cover~ inste~ oft~e pr~ously stated 28.0 I~rCent. Please amend our application accordingly. Robe~ E. Coss~l IV~nagement Sl~cialist cc: William and JoAnne Tumbull EN-CONSULTANTS, INC. 1319 Nodh Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING Linda Kowalsld Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Joanne and William TurnbulL ADD. No. 6152 May 5, 2008 BOARD OF APPEALS Dear Ms. Kowalski: In response to the Board of Appeals "Reply Form" faxed to our office on April 22, 2008, please :find enclosed (7) copies of both a "Preliminary Foundation Plan" and a letter dated 28 April 2007 prepared by the project architect, which together depict and describe the scope of the additions and renovations generally and the proposed foundation work in particular. Please note that the foundation plan also includes cross-sectional diagrams of the proposed inground swimming pool and shed, which depict the depth of the pool and both the proposed and allowable heights of the shed. Seven (7) copies of a revised "First Floor Plan" are also being submitted to reflect the seaward portion of existing deck that is to be removed. Please also note that a request for an updated "Notice of Disapproval" based on the most recently revised site plan by John Ehlers, last dated 25 February 2008, was submitted to the Building Dep~laient on or about April 24, 2008 (copy of letter attached). Should you have any questions or require submission of any additional materials prior to a hearing date being set for the application, please let me know. Coastal Management Specialist cc: William and JoAnne Tumbull Gallagher-Homburger-Gonzalez Architects, PLLC 91 Prospect Street, Huntington, NY 11743 TEL: (631) 385-7722 FAX: (631) 385.7771 e-mail: inf~ghgarch.net Town of Southold Zoning Board of Appeals Town Hall 53095 Route 25 P.O. Box 1179 Southold, N.Y. 11971-0959 REF: William & Joanne Tumbull 54005 North Road Southold, N.Y. 11941 Tax Map # 111-9-4.1 April 28, 2008 Dear Zoning Board members, The extent of the proposed construction project, as submitted to your office, shall consist of additions and alterations to the existing structure; demolition of the existing roof structure with the exception of the living room and removal of interior and exterior walls as shown on plans. The project also includes some first floor additions, two one story covered verandas to the north, a new second floor and alterations to exterior walls with new windows, doors, sheathing, siding and trim. The north and east walls of the existing Sunroom and Bedroom, the east and south walls of the existing Bathroom and Kitchen, and the south walls of the existing Foyer and Study must be demolished and new foundation walls constructed as shown on the foundation plan. Approximately, 90% of the existing foundation will remain in place and be brought up to code compliance. We have however noticed several areas at the exterior wall sill plates with some rotting that will be removed and replaced accordingly. Should you reqmre ~ information please contact my office. Sincte~ely,' 1/I / , Cc: ~),.~11 & Joanne Turnbull EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING March 20, 2008 Southold Town Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attn.: Linda Kowalski Re: William & JoAnne Tumbull 54005 North Road, Southold SCTM #1000-52-1-1 Dear Ms. Kowalski: Enclosed are (8) sets of the following for your review: 1. Notice of Disapproval. 2. Zoning Board of Appeals application including; a. Questionnaire. b. Project Description. c. Transactional Disclosure Forms. 3. Environmental Assessment Form; 4. Property card; 5. Survey/site plan dated February 25, 2008; 6. Construction plans; 7. DEC Letter of Non-Jurisdiction; 8. Town Trustees Wetlands Permit; 9. Suffolk County Department of Health approval; 10. Photographs; 11. Correspondence to Mark Terry, LWRP Coordinator & LWRP Consistency Assessment Form and 12. Application fee of $600.00. Please note that as a result of a correction to the proposed coverage calculations by the surveyor, the proposed coverage of"Buildable Land" is 26.7% and not the 28% noted in the Notice of Disapproval. I trust this information shall allow you to process our request. Should any additional information be required, please do not hesitate to contact our office. Enc. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailine Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Noah Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 January 23,2009 By Regular Mail and Fax Transmission 253-613~ Mr. Robert E. Herrmann Eh-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 Re: ZBA # 6152 - Variances for J. and W. Turnbull (CTM 52-1-20 and 1) Dear Mr. Herrmann: After review of your letter dated December 10, 2008 with enclosures (date- stamped December 15, 2008), this letter will confirm that the Board of Appeals accepts the corrected site plan most recently dated October 20, 2008, under ZBA File # 6152. Chairman APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 M~giline Address: Southold Town Hall 53095 Main Road ° EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 October 3, 2008 By Regular Mail and Fax Transmission Mr. Robert E. Herrmann Eh-Consultants, Inc. 1319 North Sea road Southampton, NY 11968 Re: ZBA # 6152 - Turnbull Variance Decision Dear .~~mann: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at its Meeting of September 4, 2008, and with the original transmitted by our oflqce to the Town Clerk for filing. Before commencing a new occupancy or construction activities, other agency approval(s) may be necessary. Please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. Thank you. Very truly yours, Kowalski Encl. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 REPLY FORM DATE: April 22, 2008 TO: En-Consultants Attn: Rob Herrmann 283-6136 (fax) ZBA # 6152 - Turnbull Submission (Variance Requests) Date of Building Inspector Notice of Disapproval: 1/25108 (based on 1-24-08 survey) ( X ) The above new submission is incomplete for the reasons noted below. Please furnish seven (7) sets, when possible. ( X ) The map submitted with the above application does not match the information on the Building Inspector's 1/25108 Notice of Disapproval. Please submit the amendments dated 2-25-08 directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. ( X ) Missing information (7 sets) of an updated review determination by the Building Inspector regarding changes in deck sizes on the 2-25-08 survey (altered since the 1-24-08 survey). ( X ) OTHER/INFORMATION REQUESTED, when possible (7 sets with cover/transmittal sheet): ( ) Filing fee $ ; Check amount was: $ . Please contact our office (or send new check). ( ) Available survey showing existing property/building details, with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( X ) Rough diagrams or sketches of pool depth and for shed with height to top of ridge. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. ( X ) Foundation plan (7 prints were missing with submission), to show structural components that exist and will remain, and label new areas to be added above ground and/or below ground/excavated. Thank you. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville March 31, 2008 Zoning Appeal No. 6152 Transmitted herewith is Zoning Appeals No. 6152 William Turnbuli- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Questionnaire, Project Description, Transactional Disclosure Forms, Cover Letter from En-Consultant, Inc. listing the following: Notice of Disapproval, Short Environmental Assessment Form, 2 Pages of Property Record Card, Survey from John C. Ehlers Land Surveyor, 5 Pages of Building Plans, DEC Letter of Non-Jurisdiction, Board of Town Trustees Wetland Permit #6680, Suffolk County Dept of Health Approval, 5 Pages of Photos of House and Property, Correspondence to Mark Terry LWRP Coordinator, LWRP Consistency Assessment Form ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3/27/08 ZBA # NAME CHECK # AMOUNT TC D~,~'~.'~"F~A'~VIP Turnbu,I, William & ~1 111 ~ 6152 JoAnne (En- 8385 $600.00 Consultants) Southold Tow. Clerl TOTAL $600.0O Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 03/28/08 * * * RECEIPT * * * Receipt//: 14530 Transaction(s): 1 Application Fees Reference 6152 Subtotal Goo Check#: 8385 Total Paid: Name: En-consultants, Inc. 1319 North Sea Drive Southampton, NY 11968 Clerk ID: CAROLH Internal ID: 6152 APPEALS BOARD MEMBERS~ Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio. Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1 t79 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF $OUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 26, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ JUNE 26~ 2008: 1:40 P.M. WILLIAM and JOANNE TURNBULL #6152. Requests for Variances under Sections 280-15F, 280-116, 280-124, based on the Building Inspector's amended May 6, 2008 Notice of Disapproval for a proposed new dwelling, swimming pool and shed construction proposed at: (1) less than 100 feet from the top of the bluff adjacent to the L.I. Sound; (2) less than the code- required minimum 15 ft. side yard (new dwelling); (3) side yard location and setback at less than 40 feet from the front yard lot line (swimming pool and shed); and (4) lot coverage in excess of the code limitation of 20% (all construction). Location of Property: 54005 North Road, Southold; CTM 52-1-10 and 1 (combined as one). 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) 768-1809, or by email: Linda. Kowalski~,,Town.Southold.ny.us. Dated: May 27, 2008. 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 #8950 STATE OF NEW YORK) ) SS: COUN.TY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 7th day of August, 2008. Sworn to before me this Principal Clerk dayof ~'~/~ 2008 NOTARY PUBLIC-STATE OF NEW YORK, NO. 01-VO610.5050 Qualified in Suffolk County My Commission Expires February 28, 2012 ~OOg cO~ance or mcrea~es the degree oI~c~t~formance with regard to the rear yard setback at less than the code- reduced 35 feet, at 340 Colonial Road, Soutb01d; CTM 79-6-29~ I0;25 a~m. THOMAS ZOITAS #6191, Request for a Variance under Section 280-15, based on the Building Inspec- or s Ju~e 12, 2008 Notice of Disapproval ~oncernmg a proposed swimming pool, m a yard other than the code-required rear yard or front yard, at 6255 Route ~8 (property adjacent to Long Island Sound), Greenport; CTM 404-7. 10:55 a.m. JOANN WALKER #6193. Request for a Variance under Section 2~-15, based on the Building Inspector's June 13.2008 Notice of Disapproval con- cernmg a proposed accessory swimming pool structure in a yard other than the crMe-reqmred rear yard Ior front yard) at 290 Town Harbor Terrace, Southold: or restore the dam~ portion of any building damaged ~[~[~troyed forth in Subsection B~I) abl)~,e sh~ll b~ tiled within one year of the date of such damage and shall be ac~omp~niec[ by plans for reconstruction which~as tosuch portion, shall comply with the require- ments set forth above. If such permit is issued, it shall lapse one year thereaBet unless reconstruction in accordance with the approved plans has been initiated; 3) Alternatively, Vaftances based the Building Inspector's November g, 2007, Notice of Disapproval ufider Sec- tion 280-121A and Section 100-3I~,, denied for the reasons that the acce~- cons0tutes a second dwelling unit. and as such may not be enlarged, altered. placed on a different porhon of the lot... nor shall any external evidence of sfich CTIV166-1-33 (adjacent to Little Peconic use be increased by l~y).~, ~ ever asa seco any means whatso- :~:I~l:t0'.a~mySE~N GILLAN ~6~92~ ' · nd'-dY~nlli~g;~it'~ ..... eeuon {2~L ant1SUSA~ 280-15, basdd on the Budding Inspec- Variance' ~ufider Sediio~ t°r'sJune4'2008'N°tice°fDisappr0val ~ bdhed concernmg a exceeding 20 ft. posed setbach at less t the property line. at Southold; CTM 70-: under Section 280-13B to Accesgory Apartmenl in famil Location c Drive, Lot #192. Map Estates. Block 15. situated at Mhfti~u~k: CTM I06-54. 1,40 - p.m.. '$1~RO AWDOULOS ~[UST2L 2008; g~51419. Request fOr ~t, Variance under 9:30 aah. 2000 BROADWATERS S~ctinn280'l16~0)be~edonfl~eBu d- LLC # 6186 Request for a Variance un- ingqnspoctrr!~ ~' 10, 2008.Nofic~ Of der Section 280-124 based on the Build- Disapproval concerning a proposed ink Inspector's May 12 21~08 Notice of amendment to .plan fOr a new dwelling t,Dwisa..p, prov~l cqncemin$ a, proposed new at less than the code-requtred 100 foot enmg vath a setback.at less'than the minimum from the top of the bluff or code-required 35 feet from the front bank of the Long Island Sound, at 54985 lot line{after demolishing the ~6~tlng No2~h Road, Greenport; CTM 44-1-5. b~fld'~, ~at 2000 Bro ~a~eathrs .l~aci :00 p.m. LIA POLITES and KEVIN Gut~ogale;Cl'MJ.~l-9~ f. ' ' FERRO #6129 as Amended. Lochtion ~lfJla. RON~i~;;~l~k~l- of Property: 300 Jackson Street, New 'I~;~,GA!~.~L ~i~t :Suff°lk;,CTM t~740-2,.TheApp cants f6t ~ ~a'~mdE[~had PIb~,,~se' rinovations~a t el-agio - 28~l,a~ba.~'~l~,~'~', ,2~:~7~,~,;~ ~tl~tons, and expansion of fhe existing .... ~ ~Pp. ~1 acce~shry cottage building and in this coneetait~g :.PmPOs~.~i~t[ 4ind Appeal (as amended) request the fol- nlterat~onseto an ,existing noncontorming lowing: the Building Inspector's Notice of Dis- approval are; The bgilding shall not be ed or restore~ or replaced on*a different means whatsoever, and (2) One-famdy 9:50 a.m. RYA/q and JENNIFER S~ORK ~ 6187..Request lor Variances a~d,on the B~ilding. Insp~r's May 15, 2008 NOtic~ of Disappt6val COn- cerning a proposed new dwelling (after demolisinng the existing building). The 35 feet on totfil si~ie yard~, and4ess than 75 feet frbm the existing bugthead adja- P~g~Fi~y:' 3~0'~-~ ]~ay -Boulevard. La urel: CTM~.128.6~8. Secfinn:280-122 and' 280-124 (ZBA In. terpretati on.#5039), based on the Build- existing dwelling, ~ich new COnstruc- tign will_g'onsdtate an iff, zreaselin the de gree of-rmrle~orming gin_,e ride - total side .ym~lsr at 240 SUl~:~ .~ath ~nd ~ ~ :19~y':7, 20~ amen~a 'Ndti~ of addition ~ an existing de~;[vhich 1) Reversal of the Building Inspector's N°vember 8,2007- Notice ol Disapproval which, states..that tbe accessory co take use is noi~conf0rming and tmnstitutes a second dwnlang:umt, citing Section 280-12iA, which provision states Such nonconforlning use of buildings .,, may be continued indefinitely, except that such building oruse (A) shag n6t be larked, altered, extended, reconstructed or restored or placed on a different por- tion of the lot or parcel of land oCCupied by such use on tile effective date of this chapter, nor shnll any external evidence of such use be increased by any means whatsoever, and Notice of Disapproval citing Section 100.3lA, which prowsmn states:"ln A-C, RS0 Districts, no building ~r premises shall be used and no vuild- mg or part of a building shall be erected or altered which is arranged, intended or designed to be used. m whole or tn part, for any uses except the following: A. Permitted uses. One-family detached dwellings, not to exceed one dwe in on 2) Inf~rpretation to deal with th s pre- exis~ihg~fesidential use in a residential zone, applying- C6de Section 280-121A and/or 280-122, Nonconforming Bnild- rags wRh Conforming Uses, which states: A. Nothing m this arnele shah be deemed to prevent the remode md, reconstruc- tion or enlargement of a nonconform- ing building containing a conforming use. provided that such action hoes not create any new nonconformance or m- crease the degree of n6nconformance w~th regard to the regulations pertaining to such haildMgs;'[ Rekonstrucfion of a damgged'bUSlding:(4) ~ nOncon fo~ming buil~ih~ ~contaiili~ a codforming use whicb bas been damaged by fire or other Causes to the.extem of;morethan 50% of its fa~r~alue-s~hail ~0t be repaired or rebuilt.~l&sssucl~ build ngs made stib- ~taii~ial~,~to.conform to th~ height and yald, r~qoir~ment~ of (be Bulk Schedu e, (2) Al~l~iicafion for a perm}t to build pool and shed.construction at: PI)' less than 100 feet. from the top. of the bluff adjacent to the Lff. Sound~ .(~)' e~ th~n the code~req~ired minimum 15 :ff. s de v~ard (nrw dwEilin*~); (3l'side tionand setback at'/esg thaw40feetftom the front yard lot Bne (swimming-pool and shed)land (4)dot cOverage in.~xcess of the c~it~ li&itatibh of 2~}% (ail'con- struction). Location: 54005 Nohh. Road Southold; CTM 52-1 ~! 0 and I (coinbined as one). 2:45 p.m. MICHAEL ANASAGASTI & OTHERS 4~6190. Request for Vafianc- based on the-B~il~/ing Inspect~¥,s May 6. 2008 N6tice of Di~apprbvnl COncern. ~ng an "as-budt" deck addition to the d~veiling, wb ch construction is less tba~ 50 feet from th~ rear lot line and which has caused the cresting accessory build- ing to be in a yard other than the code~ required rear yard. at 345 Private Road. Souinold; CTM 78-9-40 3:00 p.m. Reserved for Carryover: PINE NECK HOLDINGS #6180. Vari- ance for deck addition to the dwellinKat less than 75fleet from the bulkhead, at 1475 Pine Neck Road. Southold: CTM 70-5-40 The Board of Appeals v~g hear al/ persons, or their representatives, desir. mg to be heard at each hearing, and/or before the conclusion of each hearing. Each hearing will not start earlier man designated above. Files are availabte £or review during regular business hours and prior to the day of the bearing. If you have questions, please do not hesitate to contac~ our office at (631 I 765-1809. or by e-mail: Linda. Kowmski@Town. Southold.ny.u~ Dated: August 4, 2008 ZONING BOARD DF APPEALS GERARD E GOEHRINGER CHAIRMAN BY LINDA KOWALSKI 54375 Main Roa~ (Office.Locat~om 53095 Main Road (Mailing/USPS~ Ed. Box 1179 Southold, NY 11971-0959 8950-1T8/7 r~ #8875 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 26th day of June, 2008. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOABD OF APPEALS THURSDAY, JUNE 26, 2~8 PUBliC HEARINGS NOTICE IS HEREBy GIVEN, por- suant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hail, 53095 Main Road, PO. Box 1179, Southold, New York 11971-0959, on THURSDAY, JUNE 26, 2008: 1:40 PM. WILLIAM and JOANNE TURNBULL # 6152. Requests for Vari- ances under Sections 280-15F, 280-116, 280-124~ based on the Building Inspoc- lot's amended May 6, 2008 Notice of ?isapp?yal for a prolx~d new riweli- tion proposed at: (1) less than 100 feet from the top of the bluff adjacent to the L.L Sound; ~2) less than the code- require~l minimum 15 ft. ~ yard (new dwelling); (3) side yard location alld set- back at less than 40 feet from the front yard lot line (swimming pool find shed); and (4) lot coverage in excess of the code limitation of 20% (ali constraetinn). Lo- cation: 54005 North Road, Southold; CTM 52-1-10 and 1 (combined as one). 2:23 P34. CLAIRE and ROB RIC- CIO $6140. Requests for Variances un- der Sections 280-15 and 280-116B based on the Building Inspector's amended Februar~ 6, 20~8 Notice of Disapproval concerning proposed new construction. ~]~e reasons stated in the disapproval of the building permit application are: (1) the proposed new dwelling construc- tion will be less than 75 feet from the bulkhead, (2) the proposed swil~min~o pool will be in a side yard instead of a code-required rear yard; (3) in addition,. New York Town Law, Section 280-a ~ determine the need for base improve- ments and clearance within the right-of- way easement giving access to this prop- erty from Indian Neck Lane. Location: Right-of-Way extending from the South- erly Side of Indian Neck Road (House 06512), Peconic; ~ 98~-l. The Board of Appeals 'will hear all persons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will 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 e-mail: Linda. KowalskiCt~Tow~ Southold.nv. us. Dated: June 16, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER. CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/LiSPS) P.O. Box 1179 Southold, NY 11971-0959 ~75-1T 6/26 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Qualified in Suffolk County SUFFO'LK) COUNTY OF O said county, being duly sworn, says that sh~l~ Karen Kine of Mattitu-cK, in 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 5t~h day of June, 2008. Sworn to before me this Principal Clerk ~ dayof (~/~__ 2008 B Y LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USP$) I~O Box 1179 Southold, N~ 11971-0959 /~-~-~-~1-~/ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET~'~Z.-/,' ~ ~"~ ~, VILLAGE DIST. SUB.' 'LOT RES.~ !~ ~1~ SEAS. ~ IVL. FARM iCOMM. CB. MISC· Mkt. ~/alue IMP. TO L DATE REMARKS -~ ,, ' ~m , /1 ~, ,/~ --/,// ~ ~ N~ NOR~L BELOW ABOVE ~ . FArM Acre ValuePerAcre Value ~%~~ f~ ~ ~ lOW 2 Tillable 3 ~oodland ~ompl.and 3rushland -louse Plot Fotaf FRONTAGE ON WATER FRONTAGE ON ROAD i BULKHEAD DOCK COLOR 'x -- .~, ~,*, Foundation Dinette , ~ ~ ~L~--.c / ~xtensi~n ~ -A/~: ~ ~ Ext. Walls Interior Finish LR. Fire ~xtension ] Heat DR. ~ , -" ~ {.,~ 1st Floor ~'~ '~ ~'~ z~e'ff55 Zyp~ ~oof ~oom~ , ~. , ~ / ~ ~ Recreation Roon Rooms 2nd Floo~ FIN. B. ~ k~-.? ~,;,~ ~' ~ ~ ,' ~' Dormer / Breezeway Driveway Total "~ COLOR Ex-tension Extension Extension Breezewa Garage Patio Total Foundation Ext. Walls Fire Place Roof Recreation Roorr Dormer Driveway Bath I Dinette :loors K. interior Finish Heat Rooms 1st Floor Rooms 2nd Floo LR. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of William & Joanne Turnbull (Name of Applicants) CTM Parcel #1000- 52 - 1 1 AFFIDAVIT OF MA/LING S COUNTY OF SUFFOLK) STATE OF NEW YORK) ICRobert E. Herrmann r~gat 1319 North Sea Rd Southampton , New York, being duly sworn, depose and say that: On the 4th day of June ,2008 , I personally mailed at the United States Post Office in Southampton , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a tree 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 Southold , for every property which abuts and is across a public or pri?~e street, or vehicular right-of-way of record, surrounding the applicant's property. ~Signamre) Sworn to before me this ~/Tk. day of ~ ~ , 200 ~ otary Pu~li~c) PLEASE list, on the back of this Affidavit or on a sheet of paper the lot nmnbers next to the owner names and addresses for which notices were mailed. Thank you. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of William & Joanne Turnbull (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 52 1 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING I, Robert Southampton dba E. Herrmann r~i~gat 1319 North Sea Road · New York, being duly sworn, depose and say that: On the 10 day of June ,2008 , I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that / I hereby confirm that the Poster has remained in place for seven days phor to tl~/at date of the subject hearing date, which bearing date was shown to June 26, 2008 Signature) -- Sworn to before me this ~5't't"day of x..~,u_ ,200 ~ "l~Notary Pubhc) P' *near the entrance or driveway entrance of my property, as the area most visible to passersby. 06/04/2008 17: 13 FiX 6312836136 I~N-CONSULTANTS, IN¢, ~ 002 ' ~ TO~ OF SOUT~O~ ....... DEVELOPMENT CORP 36-26 GRRI[NPOINT AVIL NG ISLAND CITY, NY 11101 06/16/2008 13:$6 FAX 6312836136 1319 North Sea Roed Southampton. NY 11968 Phone: (631) 283-6360 Fax: (631) 283-6136 EN-CONSULTANTS, I NC. [~ 0 01 IEn-Consultants, Inc. 1'o: LINDA @ souq'HOLD ZBA From: LINDA Fax= 765-9064 pa~es: 1 PI'.~ Date: 6-16-08 Ret TURNBULL [] Urgent For Review F'] Please Gomment [] Please ReldY [] Please Recycle THIS IS THE RECEIPT OF MAILING FOR THE ADJACENT OWNER WE SPOKE ABOUT ON THURSDAY, JUNE 12~. 0 ALICE KONTOKOS 8020 COLONIAL R( ~BRO0~,. ~ 11~ OFF CiAL USE Restricted Delivery Fee (EndorSement Required) Total Postage & Fees / / ',, s~.~ ~o ALICE KONTOKOSTA g~'~'~:?; 8020 COLONIAL ROAD or PO Box N~ BROOKLYN, NY 11209 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpisoe, or on the front if space permits. 1. Article Addressed to: if YES, enter d rt Agent Addressee C. Date of Delivery [] No ToWN OF soUTtIOLD 53095 ROUTE 25 YO BOX 1179 soUTI'IoLD, NY 11971 2. Article Number 3. Service T [] Reg[stered r-I Insured Mall r Merchandise 4. Restricted Deliver? (Ex~ra Fee) [] Yes 7008 0150 0002 6146 8576 ('rranster from sen4ce Dorne~ic Return Fleceipt PS Form 3811, February 2004 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. 1, Article Addmssed to: [] Agent ' Printed Name) DROUZASREALESTATE DEVELOPMENT cORP 36_26GREENPOINT AVE. LONGISLAND CITY, NYlll01 2. A~ticle Number (Transfer fmrn ~arvice labeO [] Express Mail [] Registered t-t Return Receipt for Memhandise rl Insured Mail Itl C,O.O, Restdcted De~ive~ (Extra Fee) [] yes 7008 0150 0002 6146 8569 · Complete items 1, 2, and 3. Also complete Itsm 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you., . · Attach this card to the back of the madp~ece, or on the front if space permits. 1. Article Addressed to: If YES, enter delivery ALICE KONTOKOSTA 8020 COLONIAL ROAD BROOKLYN, NY 11209 [] Registered 0 Express Melt [] Return Recetpt for Memhandtse [] Insured MaLl [] C.O.D. Restricted Delivery? (Extra Fee) 7008 0150 0002 6146 9023 2. Article Number {Transfer from serv/ce/a~e0 ~ PS Form 3811, February 2004 Domestic Return Receipt ~ ~ 1025SS~-M-1540 ~IZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold websitc: http://southtown.northfork.net May 27, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, June 25, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before June 5th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or during the hearing, providinq the returned letter to us as soon as possible; AND not later than June 9th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later June 16th: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting prior to June 26, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 5:3095 Main Road, Southold: NAME: Turnbull, W. & J. #6152 MAP #: 52-1-1 APPEAL: Setbacks, Lot Covge., Yard Loc. REQUEST: Dwelling, Pool & Shed DATE: THURSDAY, JUNE 26, 1:40 PM If you are interested in this project, you may review the file(s} prior to the hearing during normal business days between 8 AM and 3 PM, ZONING BOARD-TOWN OF SOUTHOLD 765-1809 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 USPS Mailing Address: 53095 Main Road EO. Box 1179 Southold, NY I 1971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April22,2008 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ret'. No. 6152 (Tumbull) Dear Mark: We have received an application concerning reconstruction of dwelling plus pool alnd shed on Long Island Sound in Southold, and shown on the enclosed site map. You previously issued an LWRP determination for Trustees, and subsequently the Trustees approved an application under Permit No. 6680 dated January 24, 2008 (copies enclosed). Copies of the current 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 Chairman By: Officc Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (al Youngs Avenue) Southold, NY 11971 USPS Mailing Address: 53095 Main Road PO. Box 1179 Southold, NY 119714)959 http://southoldtown.north fork.ne! BOARD OF APPEALS TOWN OF $OUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 8, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 6152 Action Requested: Within 500 feet of: Turnbull Bluff and Yard Setbacks/Lot Coverage Variances ( ) State of County Road ( X ) Waterway (Bay, Sound, Estuary) ( ) Boundary of Existing or Proposed County, State, Federal Land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerard P. Goehringer, Chairman By: Enclosures 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 EO. Box 1179 Southold, NY 11971-0959 April 8, 2008 Suffolk County Soil and Water Conservation District 423 Griffing Avenue, Suite 110 Riverhead, NY 11901 Re: ZBA File Ref. No. 6152 (Tumbull) Gentlemen: We have received an application for a project adjacent to Long Island Sound in Southold, NY and shown on the enclosed site map. The hearing on this application will be held on May 29, 2008. Enclosed is a copy of the site map, together with a copy of the area map. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, GERARD P. GOEHR1NGER Chairman .QO.ffice Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET Date: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TE~/PHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: [] URGENT ~OR YOUR UPDATE [] PI.EASE COMMENT [] AS REQUESTED NOTES/COMMENTS: Please find attached copy/copies of the following: Thank you. Sender's Initials: ./~_~ Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET Date: ./ TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT []AS REQUESTIiD [] .......... NOTES/COMMENTS: Please find attached copy/copies of the following: Thankyou. Sender's Initials: