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HomeMy WebLinkAbout5731Southold Town Board - Lette~ RESOLUTION 2009-386 ADOPTED BoartOeeting of May 19, 2009 Item # 5.9 DOC ID: 5004 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-386 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTIIOLD TOWN BOARD ON MAY 19, 2009: RESOLVED that the Town Board of the Town of Southold hereby grants a partial refund of $100.00 to Andrew Greene~ at the recommendation of the Zoning Board of Appeals for withdrawing his application. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Albert Krupski ~lr., Councilman AYES: Ruland, Orlando, Krupski Jr., Evans, Russell ABSENT: Thomas H. Wickham Generated May 27, 2009 Page 17 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.no~.hfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 MEMO TO: FROM: DATE: SUBJECT: Elizabeth A. Neville, Town Clerk Jerry Goehringer, Chairman May 11,2009 Request for Refund of Fee & Withdraw ZBA #5731 by A. Greene A partial refund ($100) of the 5/31/05 fee for filing and processing of the above incomplete application is recommended. Copies of the applicant's letter to withdraw the application is attached, together with a copy of the original receipt for payment. If a refund is granted and issued, please note in the receipt records that the application is void and no other processing to reactivate the file may follow. A check may be forwarded to: Mr. Andrew Greene 30653 C.R. 48 Peconic, NY 11958. Thank you. Ik cc: Accounting DeP'artment (wi enc.) MAR - 4 2009 ) FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 24, 2005 TO: Suffolk Environmental Consulting A/C Greene PO Box 2003 Bridgehampton, NY 11932 Please take notice that your application dated March 21, 2005 For permit for construction of an accessory in-ground swimming pool at Location of property: 30653 CR 48, Peconic County Tax Map No. 1000 - Section 73 Block4 Lot 5 Is returned herewith and disapproved on the following grounds: The proposed construction, on this conforming 84,903 square foot lot, is not permitted pursuant to Article XXIII Section 100-239.4 A(1) which states; "All buildings 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 one hundred (100) feet from the top of such bluff or bank." The proposed construction notes an 85-foot setback from the top of the bluff. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. SCDHS ReL # R/0-02~0014 rEsT HOLE I Or. Brown ' Clayey Loom OL Clay CH \ TEST SEWER LINE- .PROVIDE CLEANOUT EVERY ~0' TEST HOLE Brown si/fy sand SM Brown clayey ·and SC Brown ~/fy send SM Wafer ~ silty sondsl~ i~ofer In brawn daye sand and sa~ olay SC V/~ter In brom~ Ia medium smd SP BORING # ! SL ~'~ __ 46' 5,2' VAI~ABI. E WIDTH SA&El, lENT IV/Z)DI.E ROAD ~ANTED TO PETER ~ TROYANO~ MARGARET D~tEI. LIt~ · YlELL CP. 150' · ELE__VA TIONS ARE REFERENCED TO N.G.V.D, · ~ MONUMENT · = PIPE AREA = 1.9491 acres to tie line ,/ '\ ~5. ADDITIONALLY TO COMPLY F//TH S~ LAW ~ ~ '~ ~ BY' . ~,~ ~MUST BE U~D BY ANY A~ ~LL ~Y~$ U~ ~ C~Y ~ ANOT~R S~VEY~'s ~p. ~ ~ AS ~C~= ~ 'BROUGHT - TO - DATE' A~ ~T ~ C~ ~ ~ ~W. AI~ MAP OR COPIES BEAR THE IMPRESSED E~L OF' THE SURVEYOR WHOSE S/GNA TURE APPEARS HEREON, I om familiar w/th the STANDARDS FOR APPf~OVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMtLY RE£~ENCES ,~nd will abide by lhe conditions sol to~lfl fhe~e~ ~d permit fo consfrucL I. 0 ~TY SEPT/' ?,ARK S. 40 5710 W: 129.66 ' N/OfF THOB~$P. ~Ei Tho IocaNons o/ we/is and shown hereon ore from field and or from datq obfoined fro~ COASTAL EROSION HAZARD COASTAL EROSION HAZARD ~.REA ~A.-~_ PHOTO NO. 57 - 556 - 83 CERTIFIED TO, ANDREW J. GREENE COMMONWEAL TH LAND T!TLE /NSU~.~ i.'~F:~W* t' "~ : ..... ;m-=-. N'-H ~ CLCAN SAND CO~ nA~ DOWN 1'0 SAND SW AND tO XtZ OF P OPE TY SAND / ' UO0 A T PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, NY. 1000- 73- 04 - 05 SCALE. r' = 6o' DEC. 2001 Sand ~ Sill, Soma Gro~($h Br. SEIy Cloy ' Tr=ce GR. SM CoorEe Fo ~,~ 28 i So:ne Br. & r Grayish Br. S~ly Cloy SM 31'6'- Coarse Io Fine Br. Sand & Fine Gr., Trace Small fo ~d. ~. Co~s~ lo f~ ~'~' ~, ~/~,~ , ]?~&~],, I~:Y,S. Li~. NO. ~ ~ ,, ,d '~ ,~, '~', .,, ECONIC ~Y~S~ (63H 765 - 50~0 FAX (6~) 765 - 1797 P. O. 80X ~9 1~30 TRA~ S~T SOUT~D, N, Y. 119~ 01-255 Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 05/31/05 * * * RECEIPT * * * Receipt#: 7569 Transaction(s): 1 1 Application Fees Reference Subtotal 5731 $150.00 Check#: 7569 Total Paid: $150.00 Name: Greene, Andrew 1220 Sigsbee Road Mattituck, NY 11952 Clerk ID: BONNIED Internal ID: 5731 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net TO: FROM: DATED: RE: OFFICE OF TIlE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Elizabeth A. Neville June 1, 2005 Zoning Appeal No. 5731 Transmitted herewith is Zoning Appeals No. 5731 - Andrew J. Greene - Zoning Board of Appeals application for variance. Also included is letter from Suffolk Environmental Consulting re: enclosures (two pages); Notice of disapproval dated March 24, 2005; Building permit application; Zoning Board of Appeals application; Owner's authorization; Project description; ZBA questionnaire; Building permit # 29436 Z; property survey; applicant transactional disclosure form; addendum to the ZBA application; reasons for appeal (two pages); short environmental assessment form; copy of deed dated April 8, 2002 (three pages); property survey and property location map. OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex-NFB Building, 54375 Main Road at Youngs Avenue Southold, NY 11971-0959 Emails: Linda. Kowalski~,Town.Southold.ny.u s J ayne. Martin~,Town.Southold.n¥.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-9064 TRANSMITTAL SHEET TO: FROM: DATE: RE: ,t'7 2oos MESSAGE: Correspondence or related attached regarding the above for your information, Thank you. Pages attached: OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex-NFB Building, 54375 Main Road at Youngs Avenue Southold, NY 11971-0959 Emails: Linda. Kowalski~,Town.Southold.n¥.us J ayne. Martin(~,,Town. Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-9064 4--/~.., /~ ~-- REPLY FORM To:DATE: ~~ '~ . ~'.a~.~t...~=~, -- Fax # ~4".~ ~,.. ~-/ ~ ate of Building Inspector Notice of Disapproval: - ~/~ ~/n~ / f (~The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the following: ( ) Please furnish seven (7) sets of the following (within about 7 days, if possible in order that the application can be advertised for the public hearing calendar date of: ). The advertising deadline is 22 days before the meeting date. You may forward the information by fax at 765-9064, however, please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated 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. (~ Missing information: P,4~ck~ OTHER/INFORMATION REQUESTED (7 sets with cover/transmittalsheet when submittinR): f Filing fee is $ ~0,; Amount due at this time (please mail): ~,5;~,(Amount paid was:]~), ~'). ( ) Available survey showing existing property/building details, with licensed surveyor information. (~ Architectural map or updated su~ey showing dimensions of existing and proposed new~ construction areas, setbacks to p~ope~y lines, and building lot coverage calculations~ ~ Rough diagram or sketch with~uL~Z.. :._:~::: j_:_ ~ :f :!~,~, _J J:.:.,,~. ;,~::: gro~:~" ~-. r~Dc ,,.., ....... ...--.. height, .." P~c~v:); (~ elevation from all sides; ( ~ landscaping in area ~f construction. ( ) Leffer confirming status a~ date o* review by ( ) 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. Thank you. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only ,ute A ig signmeot No. Fee: $ Filed By: Office Notes: Parcel Location: Street Coun ,ty Road 48 House No. 30653 Hamlet Peconic SCTM 1000 Section 073 Block 04 Lot(s) 005 Lot Size 1.95 acres Zone District ,ATE,: Ma~h 24, 2005 Applicant/Owner(s). ANDREW J~ GREENE (~/o David Chicanowicz~ (~on~actor) / Mailing ~, / Address: P.O. Box 160~ Peconic~ NY\~11958 / Telephone: (631} 537 - 5160 / NOTE: If applicant is not the owner, state if applicant is owner's aOorne~, agenh a?iteet, builder, conlract vendee, etr~ Authorized . . / Representative. MATT D. 1VANS - SUFFOLK E] /IRON. CONSULTING~ INC. Addre~s: P.O. BOX 20037 BRIDGEHAMI~ ~N~ NY 11932 Telephone:. (631) 537- 5160 / ~ . . Please specify who you wish corresponden, ce 1o be ma~ed o,~rom the above hsted names: [] Applicant/Owner(s) [] Authorized Repres/ent~ ve/ [] Other: / [] Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [] Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXHI Section 100-239.4 Subsection (A)(I) Type of Appeal..An Appeal is ma. de for: [] A Varmnce 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 For Office Use Only: Fees AssignedAppl. No..~,~ Pa~ ~ AR~ VARIANCE ~ASONS (a~ch ~ sheet n~: (1) An un~lrable ch~ ~11 n~ ~ p~ In the CHA~CTER of the n~h~r~ d~H~nt ~ ~ ~, If gran~, ~e: PLEASE REFER to the ATTACHED VARIANCE ADDENDUM (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to i~lrsue, other than an area variance, because: PLEASE REFER to the ATTACHED VARIANCE ADDENDUM (3) The amount of relief requested is not substantial because: PLEASE REFER to the ATTACHED VARIANCE ADDENDUM (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions In the neighborhood or district because: PLEASE REFER to the ATTACHED VARIANCE ADDENDUM (5) Has the vadance been self creeted? ( )Yes, or( exJstiltg, as blJIR? ( ) Yea, or ( ) No. ) No. If not, is the construction PLEASE REFER to the ATTACHED VARIANCE ADDENDUM (6) Additional information about the surrounding topography and building areas that relate to the difficult in meeting the code requi~-ments: (uttach extra sheet as needed) This is the MINIMUM that is nacesemy and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARO$. (Please consult your attorney.) O~h~m~lse, please proceed to the sianature and notaw area below. ~ ~Agent Sworn to bef~e ~ this (Agent must submit Authorization ~ Owner) Matthew O. Ivans Notary Public of New Y0rR No. 01 IV6053859 Qualified in Sutl0ik County Commission Expires January ~2., 2~ O 7 ZBA App 9/30~2 Page 2 of 3 - Appeal Applica~on Part B: REASONS FOR USE VARIANCE (if reouested): For Each sad Every Permitted Use under the Zoning Regulations for flue Particular District where flue Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable retum for each and every permitted use under flue zoning regulations for the particular district where the property is located, demoset,-a'u~l by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (dsecdbe on a separate sheet). 2. The alleged hardship relating to flue property is unique because: 3. The alleged hardship does not apply to a substantial portion of flue district or neighborhood because: 4. The request will not alter the essential character of flue neighborhood because: 5. The alleged hardship has not been self-crested because: 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and flue health, safety and welfare of flue cummuniW (Please explain on a separate sheet if necessary.) 7. The spirit of the ordinance will bo observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box and complete PART A, Questions on previous page to apply A~REA ~/ARtANC~ STANDARI3S. (Please consult your attorney.) Otherwise. elsase erocsed to the siun;~tu~e ;~nd noterv area below. Swom to before me this Owner) day of ,200__ Signature of Appellant or Authorized Agent (Agent must submit Authorization from (Notary Public) ZBA APP 9/30/02 ADDENDUM to the SOUTHOLD ZONING BOARD of APPEALS A lication for the GREENE Property Situate: 30653 County Road 48; Peconic; Town of Southold, NY SCTM #: 1000 - 073 - 04 - 005 Applicant submitted an application to the Town of Southold Building Department, dated March 21, 2005, for approval to construct a proposed swimming pool situated 85.0' landward of the top of the bluff within subject property. Consequently, applicant received a Notice of Disapproval from the Building Department, dated March 24, 2005, pursuant to § 100 - 239.4 (A) (1): "Ail buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shah be set back not fewer than one hundred (100) feet from the top of such bluff or bank." Applicant wishes to make an appeal for: (1) A Variance to the Zoning Code, specifically Article XXVIlI; § 100 - 239.4 (A) (1). (1) Variance from § 100 - 239.4 (A) (1) of the Zoning Code. REASONS FOR APPEAL (1) AREA VARIANCE REASONS An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted because: Applicant wishes to construct a swimming pool attendant to the existing dwelling thereon, as is characteristic of a substantial amount of properties situated adjacent to Long Island Sound within the Town of Southold, as well as properties situated further inland within the surrounding neighborhood. In addition, the character of the neighborhood could not be affected by the presence of the swimming pool due to the concealed nature of subject pool due to it's location deep within the property, shielded from the Troyano property to the southwest and the McGunnigle property to the southeast by the existing dwelling, and the Wictcs property to the northeast by the substantial landscape screening along the shared northeastern property boundary. Therefore, there will be no undesirable change to the surrounding neighborhood. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The proposal to construct an attendant swimming pool within subject property for the benefit of the property owners cannot be achieved by an alternate design due to the location of the existing dwelling and sanitary system within the nodhwestern section of subject property, and the resultant parameters defining this section of available space as the "rear yard". In addition, relocation of the proposal to the "front yard" would be impossible from a practical standpoint without impeding upon the existing driveway, existing garage, existing water line and existing overhead wires & utility pole. Typically, swimming pools are designed to be utilized from the rear of the attendant dwelling and decks thereon. Reduction in size of the proposal has been explored and moderately applied to the design of the proposed swimming pool in order to gain additional setback from the top of the bluff. (3) The amount of relief requested is not substantial because: On the basis that the proposed swimming pool is to be situated at 85.0' + from the top of the bluff, where 100.0' is required pursuant to § 100-239.4 (A) (1), and therefore, relief of only 1,5% of the required setback is requested, and that the proposed swimming pool will be effectively imperceptible by the adjacent property owners, the applicant believes that the variance is not substantial. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Again, applicant wishes to construct a swimming pool attendant to the existing dwelling thereon, as is characteristic of a substantial amount of properties situated adjacent to Long Island Sound within the Town of Southold, as well as properties situated further inland within the surrounding neighborhood, which have yet to result in any form of adverse physical and/or environmental conditions within this area. In addition, it is our belief that a substantial number of properties situated adjacent to Long Island Sound within this area exhibit structures situated much closer to the top of the bluff, which have existed for many years thereon, which also have yet to result in a degradation of the surrounding conditions of the neighborhood. Furthermore, to prevent any foreseeable physical/environmental impact from occurring to the surrounding area with the implementation of this project, a siltation fencing line, with staked haybales, will be installed between the project site and the top of the bluff thereon to prevent any and all possible run-off from entering the surface waters of Long Island Sound during construction, as will a proposed drywell be utilized by the operation of the swimming pool to also prevent same. Therefore, there will be no adverse effects or impacts to the surrounding neighborhood. (5) Has the alleged difficulty been self-created? ( ) Yes, or ( X ) No. Again, as stated above, due to the location of the existing structures within subject property, the applicant believes that the difficulty has not been self- created and that a request for an area variance be the most practical route for all parties involved. 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. PROJECT DESCRIPTION Please include with Z.B.A. Application) Applicant(s): ~'Co\~ ~.~'x~fC~O~\ I. If building is existing and alterations/additions/renovations a~ proposed: A. Please give the dimensions of new extensions beyond existing footprint of building: Dimensions of first floor extension: Dimensions of second floor: Dimensions of floor above second level: Height (from ground to top of ridge): B. Please give the dimensions and square footage of new construction over existing footprint or over first floor or basement areas: I~ Dimensions of first floor: Dimensions of second floor: Dimensions of floor above second level: Height (from ground to top of ridge): Square footage for first floor: second floor: 11. Ifland is vacant: ~ ~ ~ensions and overall lot coverage percenta~ and square footage for each floor: Dimensions of first floor: Dimensions of second floor: Dimensions of floor above second level: Height (fi.om ground to top of ridge): / llL Purpose andl,use of,~ew construction requested in this application: of new construction IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven (7) photos, labeled to show area of proposed construction or existing yard areas for which variance relief is requested (after staking corners for new construction). Please note: Further changes', after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. 7/02; 2/05 Examined ,2004 Permit No. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL. SOUTHOLD, ~.Y. 11971 TEL.: 765-1802 t (B"~ildir~g Inspector)  PLICATION FOR BUILDING PERMIT Date March 21 2005 i~i INSTRUCTIONS Thi~ust be completely filled m by typewriter or m ink and subnutted to thc Bmldmg Inspector, w~th 3 sets of plans, ac'~urate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, brdinances, building code, housing code, a,,nd regu~lations, and to admit authorized inspectors on premises and in building for necessary in~ons. J // / (Signature of applicant, or name, ifa corporation) Suffolk Environmental Consulting, Inc. P.O. Box 20037 Bridgehumpton, NY 11932 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder AGENT Name of owner of premises ANDREW J. GREENE (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. N/A (Name and title of corporate officer) Builder's License No. Plumber's License No. Electrician's License No. Other Trade's License No. 1. Location of land on which proposed work will be done N/A R.O.W. n/s off Middle Road Pecouic House Number Street Hamlet County Tax Map No. 1000 Section 073 Block 04 Lot 005 Subdivision N/A Filed Map No. N/A Lot N/A 2. State existing use and occupancy of premises and intended use and occupancy of p[gp0sed construction: a. Existing use and occupancy Residential lot w/existing single family dwelling & related appurtenances b. Intended use and occupancy Same as above w/proposed swimming pool~:. 3. Nature of work (check which applicable): New Building X Additio/t - .. Alteration' Repair Removal Demolition Other Work 4. Estimated Cost $ 40. 000 '~' Fee (tenSe paid on filing this application) N/A 5. If dwelling, number of dwelling units N/A . Number of dwelling units on each floor If garage, number of ears N/A 6. If business, commercial or mixed occupancy, specify nature knd extent of each type of use N/A 7. Dimensions of existing structures, if any: Front 75.0' (max.) Rear 75.0' (max.) Depth 45.0' (max.) Height_ < 32.0' Number of Stories < Two (2) Dimensions of same structure with alterations or additions: Front 75.0' ± (max.) Rear 75.0' ± (max.) Depth 45.0' (max.) Heigh~ < 32.0' Number of Stories < Two (2) 8. Dimensions of entire new construetion: Front 36.0' + (max.) Rear 36.0' ± (max.) Depth 16,0' (max.) Height. N/A Number of Stories N/A 9. Sizeoflot: Front 129.66' Rear 115.31' .Depth 760.0' + 0. Date of Purchase N/A Name of Former Owner N/A 1. Zone or use district in which premises are situated 2. Does proposed construction violate any zoning law, ordinance or regulation: Yes. SetbaCk fi.om top ofbluff~q~.0') 3. Will lot be re-graded No. Will excess fill be rem0~:ed froih premises: [Yes ) No 4. Name of Owner of premises Andrew J. Greene Phone (63t~37_- 5160 Name of Architect Elizabeth Thompson Address 250 Mercer St.; Suite B 806; NYC 10012Phon~t~o ~4-7180 Name of Contractor N/A Address N/A Phone No~ N/A 5. Is this property within 300 feet of a tidal wetland? *Yes X No *If yes, Southold Town Trustees Permit may be required. : - PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from ,roperty lines. Give street and block number or description according to deed, and show street names and indicate whether aterior or comer lot. Please refer to attached Plans. ;TATE OF NEW YORK, 2OUNTY OF SUFFOLK S.S Brace A. Anderson being duly sworn, deposes and says that he is the applicant above named. (Name of individual signing contract) te/she is the Agent - Suffolk Environmental Consulting, Inc. (Contractor, agent, corporate officer, otc.) ,f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this pplication; that all statements contained in this application are true to the best of this knowledge and belief; and hat the work will be performed in the manner set forth in the application filed therewith. ;worn to before me this 4otary Public Ma. w O. Iva. ---. / (Signature of Applicant) Notary Public of New York No. 011V6053859 Oua/Jfiad in Sufto k County Commission Expires January 22, 2007 p~-?.~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER FORMER OWNER ,,.~., e /4°/~,,.,.f c. ,,e. s :~s. s~s. VL. LAND /~o / 'illoblo ' ¢oodlond ~eadowland louse Plot otal IMP. TOTAL STREET ) ~, ,~..~' ~,~ VILLAGE N E W FARM COMM. DATE h? FRONTAGE ON WATEF REMARKS , F~ DEPTH BULKHEAD CB~ MICS. Mkt. Value SUB. LOT TYPE OF BUILDING QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? [] Yes [] No B. Are there any proposals to change or alter land contours? [] Yes ,~No C. 1) Are there any areas that contain wetland grasses? ~:~"~ /Itl~V~J/~ ix o~v~h~ 2) Are the wetland areas shown on the map submitted with this application? h"e.s 3) ls tlte property bulkheaded between the wetlands area and the upland building area? 4) lfyour property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? ~',~ Please confirm status of your inquiry or application with the Trustees: ~c,~ r~',~ o..~~r~ ; r~O[o',c ~ Is there a depression or slopin[~ elevation near the area of proposed construction at or below five feet above mean sea level? IX_ID Auth~orized Signature and Date -- Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? IXJoex~ (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? _~ %. lfyes please submit a copy of your building permit and map as approved by the Building Department and describe: <~,~,q~.F~,~l~- c/,-eJ[~) (J, C. . Do you or any co-owner also own other land close to this parcel? ~x~O ~ If yes, please label the proximity of your lands on your map with this application. Please list present use or operations conducted at this parcel~', (examples: existing: single-family; proposed: same with garage.) 2/05 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Proiect Sponsor) 1. APPLICANT/SPONSOR [2. PROJECT NAME i Shawn M. Barren; Suffolk Environmental Consulting / Greene 3. PROJECT LOCATION: Municipality Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Please see location map. 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Construction of in ground swimming pool 85 feet landward of the top of bluff 7. AMOUNT OF LAND AFFECTED: Initiall,~-(~I acres Ultimately '~ I~), \ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly If the pool is deemed a "building", it will not meet top of bluff setback of I00'. g. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: r--lAgriculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes~[~J No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes []No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Shawn Bar,on Date: 5-23-05 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 I Reset PART II - IMPACT ASSESSMENT~'e completed by Lead Agency) A. DOES ACTION EXCE. ED ANY TYPE I THRESHOLD iN 6 NYCRR, PART 617.4? if yes, coordinate the review process and use the FULL EAF. r-lyes r--INa B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative dedarafion may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answem may be handwritten, if legible) C1. Existing air quality, sun'ace or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain bdefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain bdefly: C4. A communiys existing plans or goals as officially adopted, or a change n use or ntens ty of use of and or other natural resources? Explain bdefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefly: C6. Long term, shorl term, cumulative or other effects not identified in C1-C57 Explain bdefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain bdefiy: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes ~[~ No If Yes, explain briefly: 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) irraversibility; (e) 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 been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. FAF and/or prepare a positive declaration. [] Check this box ifyou have determined, based an 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 5-23-05 Name of Lead Agency Date Pdnt or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different fi-om responsible officer) Reset APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unless you are applying in the name1 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 ><~ Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a 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 ~ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this Signature: Print Name: THIS INDENTURE. made the ~%t/1 day of April B~TWI~EN 2002 and 5321 Avenal Drive,/Florida, 33558 ~ J. ~ resid/ng at 28 W. 73 rd Street, Apt. B, New York, NY 10023 party or ~he s~cond pan. WITN~SETEI, that the party of the flint parL in consideration o[ ten dollam and other ~aluable considerallon paid by beinginthe SI~ A'ITRC~) ~ A Dt~:~:R~P'I~ON A't-TAC:4I~ ~ ~ I~.DE PRRT Fll~.l~. Bl~NGtb~samepr~nisesdescribedinthed~edtotheparties of the first part hereinbydeedtothegrantor loather/Reel 8837page436. Grantor herein being the same person as the grantee in a certain deed recorded in Reel 8837 page 436. TOGETHER with all right, title and interest, if any, of thc party of the first pan. in and to any structs and roads AND the pa~y of tho first part covenants that the party of the first part has not done or suffered anything whereby tho said premises have b~en encumbered in any way whatever, except a~ aforesaid. AND Iho party of the first part. in compliance with Section 13 of thc Lien Law, covenunts that Ihe party of thc first p~m wiil re6:iv¢ thc' considera~hm for this ccnvey~ne: and will-hold the right to receive such cuasider-. alton as a lrost fund to be applied firs~ for the purpose of paying thc cost of tho improvement and will apply the same first to thc puyment of the cost of the improvement before using any part of the total of ihe same for any other purpose. The word "party" shall be construed as ir it read "parties" whenever the s~nse of ~his indentur~ s. requires. IN W1TNESS WHEREOF, the parly of thc first part has duly cxec.tcd this deed the day and year firsl above Acknowledgement taken In New York State State of New York, County of , SS: On the day of ,[n the year , before me, the undersigned, pe;soneUy appeared personally known to me or proved to me on the basis of sedstaclory evidence to be the iddividual(s) whose name(s) is (ara) subecribed to the within instrument and acknowledged to me that be/she/they executed the same to hfs/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the Individual(s) or the person upon behalf of which the individual(s) acted, executed the Instrument. AGknowledgement by Subscribing Witness taken In New York State State of New York, County of On the day of , in the year , before ma, the undersigned, personal[y appeared the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who being by me duly swam, did depose and say, that heTspe/they reside(s) in that he/she/they know(a) to be the Individual descfihed In and who executed the TitleNo.:. CC~'Q',IWFJ~H #RH80013546 Distributed by Chicago Title Insurance Company Acknowledgement taken In New York State State of New York, County of , ss; On the day of , In the year . before me, the undersigned, personalty ~ppe[red personalty known to me or proved to me on the baals of satlsfacto~/ evidence to be the individual(s} whose name(s) ia (are) subscribed to the within instrument and acknowledged th me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(a) on the Instrument, the individual(s) or the person upon behalf ~ which the ind;'~4duel(~) acted, executed the iualllJale(lt. 'Stataof Florida ,Cour~yof J~ll~omo'~v~ ,ss: · (or insert Distri~ of Columbia, Territory, .Po~sion or Foreign Country) Onthe ~ ~of ~1 .thffie~r2OO2, befomme, the un~ralgned, pem~Mly appe~ personally ~nown to me or proved to me on the b~i8 of sati~o~ ~e~ to be the i~iv~ual(~) ~ na~(s) ~ (are) subscd~ to the within I~tm~nt and ac~l~g~ ~ me that he/she/they executed the same In hl~heEthelr capaclty(ies), that by hlelher/thalr algnalure(=) on the SECTION LOT 5 ~~ o~. ~[d Edward p. Reale, Esq. 33 W. Second St., PO Box 398 Riverh~, NY 11901 Zip No. . _.,~ No.: RHSOO13546 SCHEDULE A-DESCRZPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at an interior point at the division line between the northeasterly side of hereina~er described parcel and the southwesterly side of land now or formerly of Wicks, formerly Domaleskl; said point being the following eight (8) courses and distances from a point on the northerly side of Hidd[e Road (C.R. 27) where the same Is Intersected by the southwesterly side of land now or formerly of 3ohn and Barbara Ebeling: (1) North 42 degrees 11 minutes 30 seconds West along la~d now or formerly of Ebeling, 162.49 feet; (2) North 47 degrees 48 minutes 30 seconds East still along land now or formerly of Ebeling, 213.72 feet to the westerly side of land now or formerly of Wfcks; (3) Along said westerly side of land now or formerly of Wicks North 42 degrees 11 mln~.~econds West, 354.87 feet; 2002 H,.-~_j I0 10:43;37 Rlt Ed,.~,>-rd p.P,o~a~.n=_ (4) North 45 degrees 37 minutes 40 Seconds West, 441.28 feet; CLERK OF (5) North 51 degrees 17 minutes 10 seconds West, 1415.70 feet; -~JFFOLK L 1>300121:95 (6) North 50 degrees 03 minutes 10 seconds West, 1149.00 feet; P DT# ?1-3883}; ' (7) North 50 degrees 43 minutes 40 seconds West, 399.70 feet; (8) North 50 degrees 53 minutes West, 85.81 feet to the true point of beginning; RUNNING THENCE from the said true point of beginning, South 40 degrees 57 minutes 10 seconds West, 129.66 feet; THENCE North 49 degrees 02 minutes 50 seconds West, 150 feet to the northeasterly side of land now or formerly of Troyano; THENCE along said land the following three (3) courses and distances: (1) North 49 degrees 02 minutes 50 seconds West, 493.70 feet; (2) North 4 degrees 02 minutes 50 seconds West, 50.00 feet; (3) North 54 degrees 13 minutes 30 seconds West, 70.00 feet to the mean high water of Long Island Sound; THENCE on a tie line along the mean high water of Long Island Sound, North 81 degrees 47 minutes 30 seconds East, L10.94 feet to the southwesterly side of land now or formerly of Hicks; THENCE along said land the following two (2) courses and distances: (1) South 50 degrees 20 minutes 40 seconds East, 530.00 feet; and (2) South 50 degrees 53 minutes East, 146.42 feet to the point or place of BEGINNING. Title Report FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 29436 Z Date MAY 28, 2003 Permission is hereby granted to: ANDREW J GREENE 28 W 73RD ST APT B NEW YORK,NY 10023 for : CONSTRUCTION OF A NEW SINGLE FAMILY DWELLING AS APPLIED FOR WITH COMPLIANCE TO 100-235 FOR PROPER ACCESS at premises located at 30653 CR 48 County Tax Map No. 473889 Section 073 pursuant to application dated APRIL PECONIC Block 0004 Lot No. 005 11, 2003 and approved by the Fee $ 1,631.70 ~/- ~.--~U t ho~e ~i~nat ur e/ COPY Rev. 5/8/02 Suffolk Environmental Consulting, Inc. Newman Village, Main Street, RO. Box 2003, Bridgehampton, New York 11932-2003 (631) 537-5160 Fax: (631) 537-5198 Bruce Anderson, M.S., President May 23, 2005 Ruth D. Oliva c/o Zoning Board of Appeals Southold Town Hall P.O. Box 1179 Southold, NY 11971 Re: Situate: SCTM #: GREENE Property 30653 County Road 48; Peconic, NY 1000 - 073 - 04 - 005 Dear Ms. Oliva, This Finn represents Mr. Andrew J. Greene, owner of the above referenced property, who wishes to construct an in-ground swimming pool. Subsequent to the submission of a Town of Southold Building Permit application, a Notice of Disapproval was received from the Town of Southold Building Department, denying subject proposal pursuant to Article XXIlI: Section 100-239.4 A (1). Accordingly, approval for variance relief is requested from your Board. Please find enclosed: (1) Town of Southold Notice of Disapproval, dated March 24, 2005, concerning this proposal (seven [7] copies); (2) Town of Southold Zoning Board of Appeals Variance application (original and six [6] copies); (3) Town of Southold Zoning Board of Appeals Questionnaire (original and six [6] copies); (4) Town of Southold Applicant Transactional Disclosure Form (original and six [6] copies); (5) Town of Southold Zoning Board of Appeals Variance Addendum (seven [7] copies); (6) Short Environmental Assessment Form (original and six [6] copies); (7) Copy of the Deed of subject property (seven [7] copies); (8) Location Map of subject property (seven [7] copies); (9) Survey of subject property, prepared by PECONIC SURVEYORS, last dated May 12, 2005, indicating all existing and proposed structures (seven [7] copies); and (10) Check made payable to the Town of Southold in order to cover the requisite application fee. By way of this correspondence, and on behalf of Mr. Greene, kindly commence the review the enclosed information and schedule before the next available Town of Southold Zoning Board of Review public heating at your earliest opportunity. Should you have any questions concerning this matter, please feel free to contact this office at any time. Thank you for your attention and consideration. Sincerely, Matt D. Ivans enc. cc: D. Chicanowicz OWNER'S ENDORSEMENT (TO BE SIGNED IF APPLICANT IS NOT OWNER) STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: ~A~_ .DREW J. GREENE, being duly sworn, deposes and says; I res)~,0~ t M the Coun~ of ~ and tile state of New York , and I am the (o~ ~ f~) kofficer of the Corporation wMch is owner in f~) of · e presses de~fib~ M ~e foregoMg appli~fion ~d ~at I have au~orized Suffolk Environmental Consulting, Inc. to make the foregoing application as described herein. Signature ~'~ Signature If Corporation, name of corporation and Officer Officer's Title Before me, this ~ day of ,2005 Notary Public 4606712 ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 5/27/05 ZBA # NAME CHECK # AMOUNT ¥~ b~,'I'ET~TAMP GREENE, ANDREW J. t/lAY 3 ] 200~ 5731 BY Suffolk Environmental7569 $150 ' Consulting, Inc. Soutl Iold Town Clerk TOTAL $'~5o By LK Thank you.