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HomeMy WebLinkAbout6296 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTI'IOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING HELD AUGUST 18, 2009 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 ~?CEIVED AU~ 2 7 2009 ZB File # 6296 - Diana DeLucia, Applicant Property Location: 4573 Wickham Avenue, Mattituck CTM # 1000-107-4-5 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 4/21/09 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a 12,900 square foot, not including 1500 square feet of wetlands, parcel as indicated on a site plan prepared by Diana DeLucia and Albert Leutwyler, and July 31, 2006 survey prepared by Smith, Jung and Gillis, L.S. The property is improved with a single-story 852 square foot frame dwelling. The parcel measures 153.0 feet along the Southern property line to the high water line, 108.81 feet alon~ a tie line adjacent to Long Creek on the Western property line, 146.5 feet along the Northern property linel and 106.42 feet along the Eastern property line to the private right-of-way. The property has a tidal wetland boundary along the western edge of the property at Long Creek. BASIS OF APPLICATION: Requests for Variances under Section 280-124, based on the Building Inspector's February 10, 2009 Notice of Disapproval concerning a proposed deck addition to the dwelling, which new construction will have setbacks from the front property line at less than the code-required minimum of 35 feet and from the rear propbrty line at less than 35 feet. LWRP: TOWN CODE:CHAPTER 268: A letter dated July 17, 2009 from Mark Terry, Town LWRP Coordinator, addressing the variances requested, made the recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the following recommendations to further the below listed policies are implemented. Policy 6. Protect and rbstore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. Page 2 - August 18, 2009 ZBA # 6296 - Diana DeLucia, Applicant CTM # 1000-107-4-5 E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: 1. Maintain buffers to ~,chieve a high filtration efficiency of surface runoff. 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. The LWRP Coordinator also recommends that a perpetual, natural buffer be required to protect Long Creek. The Board agrees with these recommendations. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 30, 2009 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTFI'): The applicant proposes to construct a new deck addition to an existing dwelling as Shown on the site plan prepared by Diana DeLucia and Albert Leutwyler dated January 2008. The proposed new deck addition will require a Front Yard setback variance and a Rear Yard setback variance. . ADDITIONAL INFORMATION The applicant has acquired a NYSDEC permit for the proposed new deck addition. The NYSDEC permit is requiring multiple conditions and obligations, one of which is the installation of dry wells and french ~lrains. The NYSDEC permit is also requiring the incorporation of a restrictive covenant to the property deed which shall restrict any further development to the property on the seaward side (Long Creek) of the existing dwelling. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board,?akes the following findings: 1. Town Law .~267-bi3)(bl(3111). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This lot has 153 feet of frontage along a private right- of-way. The home J~ centered on the properly, and based on the code definition, the Building Inspector determined the front ~/ard is the yard adjacent to the right-of-way, and the rear yard at the opposite or northerly side of the home. Ho~vever on th s property, the waterside is the applicant's usable back yard, and the technical rear yard by code defir~ition appears to be a side yard. The style of the proposed deck is similar to what exists in the neighborhood. ]'he area is heavily treed and the existing dwelling would shield most of the view of the proposed new deck addition from adjoining property owners. 2. Town Law ,~267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing dwelling with its existing two entry/exit locations make the location of the proposed new deck addition the most functional and practical. With respect to the Front ,Yard setback variance, the applicant could redesign the proposed deck to eliminate the location which is requiring a Front Yard setback variance. With regard to the rear yard setback variance requested, the existing dwelling is already within a rear yard setback limit, and any protrusion from the existing dwelling at this location such as a deck addition or any structure will require an area variance. Page 3 -August 18, 2009; ZBA # 6296 - Diana DeLucia, Applicant CTM # 1000-107-4-5 3. Town Law §267-b(3)(b)/3). The Front Yard setback variance requested is 10% which is not substantial. The rear yard setback vadance requested is 54% which is substantial. 4. Town Law §267-b(3)(b)(5). The difficulty has been self-created with respect to the requirement of a Front Yard variance, because the applicant could redesign the proposed deck to not require a Front Yard variance. The difficulty has not been self- created with respect to the requirement of a Rear Yard variance because the dwelling exists in its present location. 5. Town Law .~267-b(3)(b)(41. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 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 his property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law '~67-B motion was offered by Member Schneider, seconded by Member Goehdnger, and duly carried, to GRANT the V~'riances as applied for, as shown on the site plan prepared by Diana DeLucia and Albert Leutwyler dated January 2008 (date stamped Mar 27 2009 by ZBA) and elevation drawing dated 3/24/09. Any deviation from the, variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board:Ayes: Members Goe~Weism~dSchneider. This Resolution was duly adopted (4-0). D P COEHR,NC; . CHA,RM 8, ,2009 ~,-"' Approved for Filing FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL M, R 2 DATE: February 10, 2009 TO: Diana Delucia 12 So.Bay Avenue Eastport, NY 11941 Please take notice that your application dated February 3, 2009 For a permit for construction of a deck addition to an existing dwelling at Location of property: 4573 Wickham Ave., Mattituck, NY 11952 County Tax Map No. 1000 - Section 107 Block 4 Lot 5 Is returned herewith and disapproved on the following grounds: The proposed addition to a single family dwelling on a non-conforming 12,900 sq. parcel, is not permitted pursuant to Article XXIII Section 280-124 which states: "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming and have not merged pursuant to 280-10." Lots measuring between less than 20,000 sq. ft. shall have a minimum front yard setback of 35' and a minimum rear yard setback of 35'. According to the survey, the deck will be setback 31.5' in the front yard & 16' in the rear yard. Authorized Signature --l.'t-4-~, SOIL A~ WATER CONSERVATION F~:(~1)727~160 May 6, 2009 Gerard P. Goehringer Chairman Zoning Board of Appeals Town of Southold PO Box 1179 Southold, New York 11971-0959 Re: ZBAg~6296 Delucia, D. COUNTY OF SUFFOL !j STEVE LEVY SUFFOLK COUNTY EXECUTIVE Paul A. TeNyenhuis DISTRICT MANAGER (631)727-231~x3 Dear Mr. Goehringer. A site visit was conducted at Ms. Delucia's property, ZBA~6296 in regard to the construction of 852 sq.ft of decking on the north and western aspects of the pre-existing house. The enclosed photographs document the site and the areas of concern. In the area, where the porches are proposed, little vegetation occurs. Therefore, removal of vegetation will not be necessary for the installation of the deck Of concern is the erosion occurring on the south western port/on of the shore line. Currently, the house is not fitted with gutters, downspouts, or dry wells. Water runoff from the impermeable surfaces of the roof are concentrating and traveling to the western point of the wetland and contributing to the erosion of the bank. The use of infiltration trenches (french drains) under the porch as well as gutters, downspouts anddrywells (as documented in the provided construction specifications and diagrams) are strongly supported. These erosion control practices would reduce the runoff contributing to the erosion identified during the site visit and equally important, prevent the magnification of this erosion; an expected result if the porch is not fitted with measures like an infiltration trench. Dry wells serve to contain runoff in an underground structure and allow the water to slowly and naturally in~ltrate into the ground. At this location the high water table may prevent the proper function of a d~ well Iherefore, the depth to groundwater needs further investigation to determine if a dry well is a feasible and functional method for roof runoff disposal. It may be determined that two dry wells rather than a single large dry well would be more functional for disposing of runoff. threaten the health of the adjacent wetland habitat. 423 GR~IqNG AVENUE . SIJt'll~ll0 . RIVERI-IEAD, NYIIg01 The enclosed information details proper dry well installation' however to ~n~r~'-the water holding capacity of the dry well, a lining of rock on the floor of the well rather than filling the dry well with stones is an equally acceptable method of installation, Inspection and maintenance should occur on the roof runoff management system regularly to maintain proper function. The gutters especially should be cleaned regularly of leaves especially in the fall. To increase the water holding capacity of the infiltration trench, a filter fabric wrapped perforated pipe should be installed within the trench. This will quickly allow for the initial and quick infiltration of storm water into the trench where it than can further infiltrate into the ground, in similar function as the dry well. However, any fine sediment, leaves, lawn clippings, such as the surrounding sands, will clog the infiltration trench and prevent desired function. Overtime such sedimentation can permanently clog the trench rendering it dysfunctional. Therefore, these sediments must be regularly removed fi.om the surface of the drain to maintain proper function. Additionally, a filter area must be established on either side of the trench to reduce permanent clogging of the trench. Such a filter area will be difficult to achieve under the porch area due to shading, however it is recommended that revegetation with Tall rescue be attempted under the 1~2 feet under the porch. Respectively, a vegetated buffer of grassy vegetation should be maintained at all times between the house, porch and shoreline to prevent erosion from uplands and shoreline aspects and reduce clogging of the infiltration trenck The second option, (which would be more costly but more effective if to establishing grass under the porch) is laying filter fabric and covering it with a layer of crushed gravel or stone under the entire porch and into the infiltration ditch. The cool season grasses which currently exist at this location are suitable grasses for this application. However, due to the close proximity of the wetland, the use of native plants is highly encouraged for any future landscaping or lawn revegetation activities. Native plants are adapted to the Long Island's softs, climate and pests and thus require little to no pesticide and/or fertilizer applications which threaten the health of the adjacent wetland habitat. Likewise, the use of any fertilizer or pesticide (organic or conventional), should be used with care especially since the infiltration trench will mainline nutrient and pesticide laden runoff directly into the groundwater and wetland. Lastly, the installation of a straw bale dike is recommended to protect the wetland from any sedimentation associated with the proposed construction activities. To prevent disturbance to existing vegetation, these bales should be installed on preexisting bare ground as much as feasible. Once construction activities cease, these bales should be removed and revegetation should occur. The dike only has a functional lifespan of 3 months. Comprehensive i~o~mation on the installation of straw bale d~es, d~ wells, an~ i~iltration trenches is included for your reference. If you have any questions in regard to this site visit, please feet free to contract our office at (631) 727 -2315x3. ' ~bil District [echnicim Delucia Property ZBA~296 Water Erosion flow from roof! Jill Infiltration Trench What It Is A shallow trench, usually 3 to 8 ii:ct deep filled with stone to create an uudcrground reservoir that holds runoff allowing it to slowly percolate through the bottom into the surrounding soil. How It Works Rain water carrying pollutants is diverted to the trench before it reaches surface waters. The trench retains all or some of the runoff, depending on the design. The storm water shrwly filters through the soil below where pollutants arc removed by adsorption, straining, and decomposition by bacteria in the soil. Potential Benefits · Helps prevent pollutants From entering waterways, protecting water quality and keeping sediments in marina basin free from contaminants that may impact future dredging operations. · Properly designed and maintained trenches can provide effective treatment for dissolved pollutants as well as particulate matter. · Relatively easy to fit in to inargins and around perimeters of developed areas with limited space like marinas. Planning and Technical Considerations · Trenches are only feasible where soils arc well drained (sandy) and the bottom of the trench will be at least 3 feet above the seasonal high groundwater table and 4 feet above bedrock or other impervious surfaces (clay). NY Sea Grant Extension Marina BMP Fact Sheet · This approach ~;lloU].dl 0nly. be'u~d Wll~fl/llle~ contributing drainage &'~4'~s'l~ and/or the slopes nrc less Ihnn 5%. * Trenches can be designed to collar all or some of the expected storm water runoff. "Water quality" trenches that are design~ to catch only the "first flush" of storm water, which contains most of the pollutants, may be the only trenches suitable for many marinas b~ause of space considerations. (To get a rough estimate of first flush volumes multiply the square footage of the drainage area by 0.3 gallons/square foot. About 40% of the total volume of the trench will be available to hnld water.) *Because they are susceptible to clogging. infiltration trenches should only be used in co~0uncti0n with vegetated filler strips or some other method for trapping coarse sediments before it reaches the treuch. * Clean, washed 1-3 inch stone should be used to fill the trench to prevent clogging. Blue stone aggregate should be avoided. A layer of filter fabric placed 6-12 inches below the surface can help trap sedhnent befnre it clogs the entire trench reducing maintenance costs. * Shallow, wide Irenches (as opposed tn narrow, deep trenches enhance pollutant removal but care should be taken to ensure the stone fill extends below the frost-line so the trench functions in cold weather. * Trenches should be sited away from building foundations. If the trench is down slope it should be a minimum of 10 f~t from the building and 100 feet away if the trench is upslope. ~ Trenches should be designed to hold water for at I~st 6 hours after a rain and to drain completely within 3 days after a storm. A perforated PVC pipe should be installed as a monitoring well. Costs: Infiltration trenches are one of the most economical stormwater BMPs for small sites. Costs vary depending on the site and the specific design. Estimates from the Washington D.C. area for a 150-long trench, 6 feet wide and 6 feet deep ranged between $56 and $122 per linear foot of trench and averaged $83 (1997 dollars adjusted from 1985 estimates). Stormwater Runoff Dry Well What It Is An excavated pit filled with clean stone that is ~'pically 3 to 12 feet deep that is usually designed to collect and store stormwater from rooftops or other relatively "clean" runoff How It Works Runoffenters the dry well through an inflow pipe (such as a roof gutter downspout) and from surface infiltration. The water then infiltrates down through the subsoil rather than running overland. Potential Benefits · Dry wells can be used to manage peak discharges from storms and reduce the overall volume of stormwater runoff from a marina site. This, in turn, may help eliminate the need for other storm water management measures or reduce the size needed. · Because they should only cnllect clean water they can provide good quality groundwater recharge. Planninl~ and Technical Considerations · Because they are not designed to remove pollutants, dry wells should not be used in areas with high pollutant loadings unless the runoff is pretreated before entering the well. MAY 11 2009 · D~' wells are only suit~.b~-To~ Sile~ where s-Ojl~ ...... arc well drained (sandy) and the well can be dcsign~ so the holh)ul is a ndnimum or 3 reel above the seasonal high groundwater table, bedr~k or other impervious surface (clay). · The total contributing surface area for a d~ well system should not be more than one acre. · Wells ar~ susceptible to clogging and possible failure from sediment. They should not be us~ where they will receive runoff ~hat carries high sediment loads. · To prevent clogging and promote infiltration, the well shonld be filled with I to 3 inch diameter clean (washed) slouc and lined wilh filter Fabric. · Locale wells a nfinimum o1' l0 Feet away From building foundations. · D~ wells should be designed to capture, at minimum, roof runoff from a two inch rainfall (foully equivalent to a 2-year storm on Long Island). Two inches of rain would generate approximately 1250 gallons of water per 1000 square f~t of impervious roof (1.25 gallons per square foot). As a first estimate of the size of the well n~ded for a pa~icular application assume about 40% of the total volume of the well will be available to hold water. · An obse~ation well should be installed in each d~ well to make sure it is draining properly. A perforat~ PVC pipe installed ve~ically in the well can be used for this purpose. The pipe should have a removable cap on top and be anchor~ with rebar at the bosom. .Costs Costs for dry wells vary depending on the site and design specifications. Because of similarities in construction, costs for dry wells should be similar to, or perhaps slightly higher, than those for infdtration trenches which can range between $56 and $122 per linear foot for a 6 foot wide, 6 foot deep trench. NY Sea Grant Extension Marina BMP Fact Sheet Storm Water Runoff STANDARDSTRAW ANDFOR BALE SPECIFICATIO qS DIKE [lAYs, 2;/ ,11 2009 2. There is no concentration of water in a channel or other drainage way above the barrier. 3. Erosion would occur in the form of sheet erosion. 4. Length of slope above the straw bale dike does not exceed these limits. Constructed Percent Slope Length Slope Slope (ft.) 2:1 50 25 3:1 33 50 4:1 25 75 Definition A temporary barrier of straw, or similar material, used to intercept sediment laden runoff from small drainage areas of disturbed soil. Purpose The purpose ora bale dike is to reduce mnoffvelocity and effect deposition of the transported sediment load. Straw bale dikes have an estimated design life of three (3) months. Conditions Where Practice Applies The straw bale dike is used where: 1. No other practice is feasible. Where slope gradient changes through the drainage area, steepness refers to the steepest slope section contributing to the straw bale dike. The practice may also be used for a single family lot if the slope is less than 15 percent. The contributing drainage areas in this instance shall be less than one quarter of an acre per 100 feet of fence and the length of slope above the dike shall be less than 200 feet. Design Criteria The above table is adequate, in general, for a one-inch rainfall event. Larger storms could cause failure of this practice. Use of this practice in sensitive areas for longer than one month should be specifically designed to store expected runoff. All bales shall be placed on the contour with cut edge of bale adhering to the ground. See Figure 5A.7 on page 5A.18 or details. August 2005 Page 5 A. 17 New York Standards and Specifications For Erosion and Sediment Control 'adaV aO osvoa Figure 5A.7 Straw Bale Dike SYMBOL FLOW. 4" VERTICAL FACE NOT TO SCALE DRAINAGE AREA NO MORE THAN 1/4 ACRE PER 100 FEET DF STRAW BALE BIKE FOR SLOPES LESS THAN ANGLE FIRST STAKE TOWARDS--~~ .~'".C"'..,~ ~ ~" BOUND BALES PLACED ~--x.:x".~.~ ~ ON CONTOUR. ~ OR 2"X2' STAKES PLACED ~~ I 1/2' TO ~" IN GROUND, ~ _----~ DRIVE STAKES FLUSH WITH · '- TOP OF BALE, NOT TO SCALE C[]NSTRUCTIDN SPECIFICATI[]NS 1. BALES SHALL DE PLACED AT THE TOE DF A SLOPE DR DN THE CONTOUR AND IN A ROW WITH ENDS TIGHTLY AI~UTTING THE ADJACENT BALES. P, EACH DALE SHALL DE EMBEDDED IN THE SOIL A MINIMUM DF (4) INCHES, AND PLACED SD THE DINDINGS ARE HORIZONTAL. 3. DALES SHALL DE SECURELY ANCHORED IN PLACE DY EITHER TWO STAKES DR RE-OARS DRIVEN THROUGH THE BALE. THE FIRST STAKE IN EACH DALE SHALL DE DRIVEN TOWARD THE PREVIOUSLY LAID DALE AT AN ANGLE TO FORCE THE DALES TOGETHER. STAKES SHALL DE DRIVEN FLUSH WITH THE DALE. 4. INSPECTION SHALL DE FREQUENT AND REPAIR REPLACEMENT SHALL DE MADE PRDMTLY AS NEEDED. D. BALES SHALL DE REMOVED WHEN THEY HAVE SERVED THEIR USEFULLNESS SD AS NOT TD DLDCK DR IMPEDE STORM FLOW DR DRAINAGE. ADAPTED FROM DETAILS PROVIDED IIY. USDA - NRCS, NEW YORK STATE DEPARTMENT DF TRANSPDRTATIONo STRAW BALE NEW YORK STATE DEPARTMENT OF ENVIRDNM£NTAL CDNS£RVATIDN, DIKE NEW YORK STATE SOIL & WATER CDNS£RVATIDN COMMITTEE New York Standards and Specifications Page 5A. 18 August 2005 For Erosion and Sediment Control DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehrlnger, Chairman April 21, 2009 [ ................ ~ -.- ~3 ........ ~ API:I 2 9 2009 Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant COunty-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Galeotafiore, Durante & Anna Tsavaris, Susan Geroulanos, Spiro Ruggieri, John Fischer, Daniel & Nancy Strang, Garrett (Bentancourt) Delucia, Diana Fishers Island Development Corp. Hill, Rounie (Mason) 6286 6289 6290 6291 6292 6294 6296 6297 6298 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 l,~F~~ .'/ 'O~I CE mCA~ON: Town Hall ~nex 54375 State Route 25 M~n Rd. & Youngs Ave.) Southold, ~ 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 7~-_1938 Fax: 631 765-~ To: Gerard Goehringer, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: July 17, 2009 Re: DIANA DELUCIA # 6296. Location: 4573 Wickham Avenue, Mattituck SCTM# 1000-107.-4-5 DIANA DELUCIA # 6296. Request for Variances under Section 280-124, based on the Building Inspector's February 10, 2009 Notice of Disapproval conceming a proposed deck addition to the dwelling, which new construction will have setbacks from the front property line at less than the code-required minimum of 35 feet and from the rear property line at less than 35 feet, at 4573 Wickham Avenue, Mattituck; CTM 107-4-5 (adjacent to Long Creek). The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the following recommendations to further the below listed policies are implemented. Poficy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wet/ands. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: Maintain buffers to achieve a high filtration efficiency of surface runoff Avoid permanent or unnecessary disturbance within buffer areas. Maintain existing indigenous vegetation within buffer areas. If the action is approved, it is recommended that a perpetual, natural buffer be required protect Lonq Creek An example definition of a Natural Vegetated Buffer is as follows: P. to NATURAL VEGETATED BUFFER -- a land area of a certain length and width where existin.q ,~1~,~,,, vegetation occurs prior to the commencement of any .qradin.q or clearing aCtivity Ve.qetat on shall be maintained to achieve a minimum percent ground cover of ninety-five (95) percent. To achieve the percent .qround cover indiqenous, drought tolerant veqetation shall be planted. Survival of planted vegetation shall be (ninety) 90 percent for a period of three (3) years. Maintenance activities within the buffer are limited to removin.q ve.qetation which are hazardous to life and property, trimmin.q tree limbs up to a hei,qht of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishing a four foot (4') wide access path constructed of pervious material for access to the water-body. 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: Lori Hulse, Assistant Town Attorney Owner and Preparers: Diana DeLucia and Albert Leutwyler 4573 Wickham Avenue Mattituck, NY 11952 SCTM 1000-107-04-005 RECEIVED 8OA~D O~/~P~EAL~ Northeast Neighbor: SCTM 107-4-211 Allan Dickerson 460PaddockWay, Mattituck, NY11952 (TO HWL) S 340 5'00" E 146.5' 26.1' FND ,. ~; MON ~ Con, nection from gutters Wetland Boundaries delineated by ~ ~ ano location of Dry Well Jeffrey L. Seeman ). 2~l feet ~ Coastal Environmental Corporation '- m East Quogue ~/.~. ~ :i /~~ January 2008 ,~ /'~ /, / ~.~ I~ ~ / ',, Description of Project: Remove existing entry steps into house on two sides. Construct a wood deck with 36"rails all around plus two sets of steps for access. Attach deck to existing house on three sides 42"above ground level. Add french drains, gutters and dry well to mitigate water runoff /FND 14.4i~? MON MAP Total lot size is 12,900 sq ft., not including 1,500 sq ft of wet land. Impervious coverage of house prior to decking is 852 sq ft, or 6.6%. Impervious coverage after decking is 1,518 sq ft, or 11.77%. OH ~) ~ W1RE~' 03 FND MON 'O0"W 153.0' I -~, TO HWL) ~/ Scale: 1" = 16' Southwest Neighbor: SCTM: 107-4-12 Shirley Tut}dll 448 Heron Pont, FND MON Southeast Neighbor: SCTM 107-4-6 Ivan Tchebotarev 4583 Wickham Avenue Mattituck, NY 11952 DeLucia Leutwyler Cottage 4573 Wickham Avenue, Mattituck, NY SideView facing South Scale 1" = 4 feet RECE/VED ~OARD OF APPEALS MAP EWED BY ZBA SEE DECISION REF ONLY: 1000-107-0, SEC. SHD JOB 11218 .. ~-~ o_'~ ~ MAP OF ~LF PIT POND ESTA~S .-~o? ' a S 84035'00" E 146.5' FND ~o~ g~ o ~ ~' ~6.t' ~D ~a ~. ' N 84035'00'' W ......... . OF PROP Situated at TO WN OF SOUTHOLD Smith, SUFFOLK COUNTY ~ ~ C,~ NEW YORK 120 Medfo~ Avenue Scale: I ''= JO' Patchogue, NY I 1772 Phone: 631-475-3192 Survey Cerfified ALBERT DIANA DE[UClA FIDELITY NA~ONAL ~E INS. CO ~6- 7404-657~7-SUFF ~OR~ FORK Ootos 5orvoyo~: dULY Jh 200~ APPLICATION T~THE SOUTHOLD TOWN BOARD ~APPEALS Filed By:. For O~ftc¢ Use Only Date Assigned/Assignment No. MAR BOARD Parcei House No. q-~73 Street ,0~:t~,~.-~ /~.~g Hamlet /,,qz~-t-cx-ct3c~< SCTM1000Seetion lo? Block ~ Lot(s) ~ Lot8ize l~qo~ ~ne I ~) APPEAL T~ ~TE~ D[T[~ATIOH OF T~ B~LDI~¢ ~$P~OR DATED: ~t~d~ ~ ) ~ ~ Applicant/Owner(s): Mailing Address: Telephone: xZ ~ul~ ~A,~, ,4:u,Z CA~7'F~I~T /,2,./ xtct,-~ t NOTE: In addition to the above please complete below il'application is signed by applicant's attorney, agent, architect, builder, contract vendee~ etc. and name of person who agent repre~ellts: Authorized Representative: ~ for ( ) Owner, or ( ) Other: Address: Telephone: Please check box to specify who you wish correspondence to be mailed to, from the above names: ~Applicant/Owner(s) [] Authorized Representative [] Other Name/Address:' WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ~(Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction 13Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article ~. ~< I I t Section 280- 1 2_c~ Subsection Type of Appeal. An Appeal is made for: ~(A Variance to the Zoning Code or Zoning Map. [3 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 propert~ UNDER Appeal No. Year ~. (Please be sure to research before completing this question or call our office to assist you.). Name of Applicant: ,~L[~UC~/~ __ CTM # ~ 0 ~' ~c ¢' _ZBA File # QNS FOR A ~e ~ - P~ ~ ~ PPEAL ts ~ used w~h pre~ture): ~CE~ED MAR 2 7 2009 (1) An und~irable Change will not be produced in the C~CTER of the~~ detriment to ~ b~ ~ nearby properties if grant~, because: ¢)' The benefit sought by the applicant C~NOT be achieved by Some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief r~uest~ ~ not substantial b~ause: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )y~, or ~o. Are there Covenan~ and Restrictions concerning this land: This is the MINI~M that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safe~, and welfare of the Community. Cheek this box ( ) IF ~ USE V~NCEI~ BEING ~QUESTED, AND PZE~SE COMPLETE THE ~TTACHED USE VALANCE SHEET: (Please be SUre to consult your a~orney.) ~ent Swo~ to ~cfore me, his .. -- (~ent must submit written Authori~Uon from Owner) APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: L~I~s,.N3A O~LU(.i /--k Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: FC<m,,~ SI'~IR-- ~ ~ ~-l~l'~A II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: ~ 2- fC~ F~ Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Co struct~on Description (Alterations or Structural Changes) (auach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: t 5 rr) Number ofFloors and Changes WlTH Alterations: ~ Qrl~E.y LP~('~I,~ ~2J~4 Cog ~Z ~o, FF IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: V. PurposeofNew Construction: VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FII,ING WI'lB YOUR Z.B.A. APPLICATION RECE][VED Is the subject premises listed on the real estate market for sale? [] Yes ~qo 7 2009 BOARD OF APPEALS Are there any proposals to change or alter land contours? /~No [] Yes, attached sheet. please explain on l) Are there areas that contain sand or wetland grasses? ¥¢S 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? ~ 5 Please confirm status of your inquiry or application with the Trustees: ~t~ ~c?.<>~ 5 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? Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ~ O ~ ~ (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? ~ o If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: -- Do you or any co-owner also own other land close to this parcel? 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 5'1 ~q ~- ce ~.~. ~ "4 ~ o t~t ~ ~dproposed ~e 5~ ~, r~ (exa~les: existing: single-h~ty; proposed: sine with g~age or pool, or other d~cfipfion.) Authofized~i~6(e ~d ~te ~os; 1/o7 61Z21 Appendbc C State Environmental Quality Rev&,w SHORT ENVIRONMENTAL ,,~SSESSMENT F O tDll For UNI;ISTED ACTIONS Only PART I - Project lrfformation (To be complete by Applicant or Project sponsor) 1. Applicant / Sponsor 2. Project Name RECE~'ED MAR 7 2009 3. Project location: Municipality County 4, Precise location (Street address and road intemections, prominent landmarks, otc. or provide map) 5. Is proposed action: ( ) NEW f~EXPANSION ( ) MODIFICATION / ALTERATION 6, Describe project bdefly: 7, Amount of land affected: Ilnltially: acres; Ultimately: ,~:~ ~1~ ~...~ acres l 81W[l~pro pos~ action comply with ex~s§ng or other existing land use resthctions~.,~.YES ( ) NO If NoI desc~be br~e~y: 9. What is present land use in vicinity of project: (describe): {~Resldentiaf ( ) thdustdal ( ) Commercial ( ) Agricultural ( ) PaddForestJOpen Space ( ) Other 10. Does action Involve a permit approval or ~unding, now or ultimately from any other Govemmenta agency.(Federat, State or Local) ? ( ) YES (~ NO If Yes, list agency(s) and permit/approvals: 11, Does any aspect of the action have a currently valid permit or approval? (~ YES ( ) NO If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, will existing permit/approval require modification? [( ) YES "~) NO If Yes, list agency{s) and permit/approvals: IAppllcant / Sponsor Name: I cerllfy that the information provided above is true to the best of my kn, owledge 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 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM RECL~VED INSTRUCTIONS I. MAR 2 7 2009 BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAFfor proposed actions that are subject to the Town of Southold Waterfront Consistency Review La~v. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and e~cplanations 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 (wh/ch includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary,.medified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it s___hall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Plamfing Department, all local !ibraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# I 000 ~'0~/ or-d The Application has been submitted to (check appropriate response): TownBoard [] PlanningBoard[~] Building Dept. [~] BoardofTrustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) --[E)-~-P-ermit, approval, license, certi~fi~-zii ..... : ...................... ~I Nature and extent of action: Location of action: Site acreage: Present land use: (~¢5. I I)~,...~'/q Present zoning classification: 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: Co) Mailing address: (e) Telephone number: AreaCode() Fo~l- ~?~-~2Ct I O (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [-~ No[~-] Ifyes, which state or federalagency?. C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances communit3, character, preserves open space, makes efficient use of infrastructure, makes beneficial use Of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~']Yes ~'q h~o ['~ Not Applicable Attach additional sheets if necessary --- P°iit3r2;Trotect-a--~tl-Pt'-6~e-rv-~iSl~fi~ a~d a~rcliae~ ol~c'Effl r~§o-u~Tccs o~th~- oT6Wn-3TS~t~ld. See LWRP Sec tio n ? ?.?!!c_ies Pages 3 [brough 6 for evalu_ation_cd?_r_!~ [--] Yes [-~ No ~ Not Applicable Attach additional sheets if necessary RECEIgED Policy 3. Enhance visual quality and protect scenic resources throughout the T~ ~}f'/S~hold. See LWRP Section !II - Policies Pages 6 through 7 for evaluation criteria ~ /~ BOARD OF~F_AI.q ~ Yes ~ No ~ Not Applicable Attach 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 ~ Yes [] No ~ 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 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 - PoliciesA.~P~ges 22 through 32 for evaluation criteria. ~ RECEIVED ~aach additional sheets if necessary IAR 2 7 2009 BOARD OF APPEALS 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 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. ~-~ Y~es [--] No ~7~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes [-~ No [] Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. S e LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. e --~7[y~N F~l NF0~qN6t_Al~li(aqSFe A-~ach'additional sheets if necessary ~/~. ~cf (~ MAR ? 2009 Policy 11. Promote sustainable use of living marine resources in Long Island Sll~tlll~t~l~Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~ Yes [~] No ~Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town'of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes ~] No ~Not Applicable Attach additional sheets if necessary Policy 13. Promote ppropr~ate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ['-] Yes [-~ No ~ Not Applicable Created on 5/25/05 11.'20 AM  .___ s ~SACTIONAL DISCLOSURE FORMI~ APPLICABLII~D OWNER, CONTRACT VENDEE ANL~GENT: ~l ~T~.e Town of Southold's Code of Ethics prohibits conflicts of interest on _an~d.e,m, ploy~y. Th_e purpose of this form is to ~ovideinfo,-,~o-~ ...,_.th, epart?fTo, wnofficer~ possm~e contacts of interest and allow it tn t~l~op.r.~L · ,~-,,~-,,, ~mcn can atert the Town of ......... whatever acuon is necessary to avoid same. (Sst name, first name, rmddle m~tml, unless you are applying m the na other entity, such as a company. If so, indicate the other ~ ......... me of s.omeone else or ~ eero,~, u, ~umpany name,) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance -' ~ 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? .... ,,. Relatm~udes_~b ~ blood marria eg~_9_r business interest. "Business interest" means a ' '. .l~rtnersh~p, m Whmh the Town officer or emnlc}v~ · '' _ b. us~ness includ~g a ' ~ ........ nas e~v. ena_. partial, ownership of__(~r e~ployment by) a corporation in which the Town officer or e~re than 5% of the YES ~ __ NO If you answered "YES", complete the balance of this fornt and date and $igtt where indicated. Name of person employed by the Town o£Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line 'A through D (below) and/or describe the relationship in the space prov/ded. 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 corporatidn); 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. ? 009 BOARD OF APPEALS DESCRIPTION OF P,-ELATIONSHIP Submitted this ~ day of~--~J¢) O~ Signature :~(/t./t...~--~ Print Name~ ~.d~ AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD OA o WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, Use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in ~gricultural districa All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: ~{/k,~ ~ 0~- 2) Address of Applicant: 3) Name of Land Owner (if other than applicant): 4) Address of Land Owner: 5) Dcseriptioi~ of PrOposed Project: 0~;~(~ 6) Location ofProperty (road and tax map number): qq'?5 ~/IUdla/-~ (OO~ ~10~-Ot-t 7) Is the parcel within an agricultural district? ~No [-]Yes If yes, Agricultural District Number 8) Is this parcel actively farmed?X~o l-lyes 9) Name and address of any owner(s) of land within the agricultural district containing active farm Operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall location-s by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address 5~ (Please uae back side of page if more than six property oWners are identified.) Thc lot numbers may be obtained, in advance, when requested from the Office of thc planning Board at 765~ i 938 or the Zoning Board of Appeals at 765 - 1809. ~' 'Signature'-6'f ~pplicant Date 1. The local boaM will solicit comments fi.om the owners of land identified above in order to consider the effect of thc proposed action On their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. The clerk to the local board is responsible for sending copies o£the completed Agricultural Data Statement to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submilled for review. Failure to pay at such time means the application is not complete and cannot be acted upon bythe board. 1-144)9 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20___ Approved ,20__ Disapproved a/c ~t/to/ ~ ~ PERMIT NO. i~cE1VED BOARD OF APPEALS Expiration ,20 t0~t0~'~0uli~0m ~ INSTRUCTIONS BUILDING PEPai~IT APPLICATION CHECKLIST Do you ~ or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: O' ,20 6q a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ~ant or name, ifa corporation) (Mailing address of applicant) St.ate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises C'~j~m~,.D~L. ocZ~ ~,,%,d.. ,a,.tl,~.,,"+ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section Subdivision ~' .Block :.O %.: ~ Filed, Map No. ~ Lot o o ~- Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy Re.Mde~ ce 3. Nature of work (check which applicable): New Building_ Addition Repair Removal K Demolition Other Work Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Fee il~ 5'0 Alteration × (Description) (To be paid on filing this application) Number of dwelling units on each floor t 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front ~-q Rear Height I~ Number of Stories I Dimensions of same structure with alterations or additions: Front __ Depth Height Number of 8. Dimensions of entire new construction: Front Height Number of Stories 9. Size oflot: Front i o~' Rear lO~ ' Rear Depth 10. Date of Purchase ~llO/~l~b , Rear 1~,3' Name of Former Owner 11. Zone or use district in which premises are situated }qe4~[ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ No X 13. Will lot be re-graded? YES NO × Will excess fill be removed from premises? YES__ NO__ 14. Names of Owner of premises D~g-oa~.* Le~ ~'rAddress ~- gou4~ E~5 Name of Architect Address Name of Contractor Address Phone No. ~, · t ~*_..q ~q * o Phone No Phone No. 15a. Is this property within l 00 feet of a tidal wetland or a freshwater wetland? *YES. X NO__ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES ~ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. xat~' ~-t,~v~ p~.~ A¢~lzcx./,,~c- 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on surve~ NO X 18. Are there any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. 8 STATE OF NEW YORK) SS: coLr rry ov 'uVe '-~ ~O.h~ -~ [~,l.t.-( I~ being d~y sworn, deposes ~d says that (s)he is ~e applicant ~me ofindivid~l si~ing contract) above named, (S)He is the ~ ~ ~ (Contractor, Agent, Co,orate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements conta£ned in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this dayof ~4~ 201~ "r N~tary ~lic t~yl~u~ e, Stat*otN~w¥o~'.~ gi~ of Applic~ No. 01~81791~ ~a~f~ tn S~o~ Ooun~ NEW YORK STATE DEPARTMENTt ENVIRONMENTAL CONSERVATION ~ Facility DEC 11) 1-4738-03671 Permit Components RECEIVED NATURAL RESOURCE PERlVIIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS UA~ 2 7 2009 BOARD OF APPEALS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following ] Permits: TIDAL WETLANDS I 1. Conformance With Plans All aL-tivities authorized by this permit must be in s~ct conformance with the approved plans submitted by the applicant or applicant's agen~ as part of the p~.~t application. Such approved plans were prepared by Diana DeLucia and Albert Leutwyler and are dated January 2008. 2. Notice of Commencement At least 48 hours prior to commencement of the project, the pvmlittee and contractor shall sign and return the top portion of theenclosed notification for~ certif3dng that they are fully aware of and understand all tenus and conditiOus of this pcaadt. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 3. Notice Covenant The p~,~t holde~ shall incorporate a restrictive covenant to the deed for the property where the project will be conducted and file it with the Clerk of Suffolk County within 30 days of the effective date of this permit. ~T~ .... l .~-'-:~ III ~.~ d,m~m~aimm~m$ ~ ~ copy of this covenanted deed or other acceptable proof of record, along with the number assigned to this po'mit, shall be submitted within 90 days and prior to the commencement of any regulated activity at the site to: NYSDEC, Marine Habitat Protection, 50 Circle Road, Stony Brook NY 1 i790-2356, Attn: Compliance. 4. No Construction Debris in Wetland or AdjaCent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 5. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 6. Seeding Di~rbed Areas All areas of soil disturbance resulting from the ap~xoved project shall be stabilized with appropriate vegetation (grasses, etc.) immediately following project completion or prior to permit expiration, whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. 7. Storage of Equipment, Materials The storage of cous~uction equipment and materials shall be confined within the project work area and/or upland areas greater than 50 linear feet from the tidal wetland boundary, Page 2 of 5 ToWN OF SOUTHOLD' CARD /,~oo - /~ ?- '-/-~ NE STREET VILLAGE DIST, SUB. ~. S~S. Vk ~ FARM CO~. CB.~ M!CS Mkt. Velue ~ND IMP. TOTAL DATE R~RKS FA~ ~m V~e' Per . Acre` Til-~' ' " ' '" FRONTAGE ON ROAD . BULKH~D' COLOR M. Bldg. Extension Extension ExtensiOn Porch Parch Breezeway Garage. Patio Oo Bo Total Foundation Basement Ext. Walls Fire Place Type Roof Recreation Room Dormer Bath Floors Interior Finish Heat Rooms 1 St Floor Rooms 2nd Floor Driveway 'Dinette DR. BR. FIN. B APPEALS ~ECIE~V~D~ ~OARD O~ ~PPEAL$ ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: .3-31-09 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP #6296 DELUCIA, D. fl487 $550.00 R ADI 1 ~nnn Southo Id Town Clerk TOTAL $550.00 Sent via Inter-Office to Town Clerk by: Thank you. .pmk Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 04/01/09 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees Check#: 487 Receipt~: Reference 6296 Total Paid: 44470 Subtotal $550.00 $550.00 Name: Delucia, Diana 12 South Bay Avenue Eastport, NY 11941 Clerk ID: CAROLH Internal ID: 6296 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTP,2,R 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.nor thfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville April 1, 2009 Zoning Appeal No. 6296 Transmitted herewith is Zoning Appeals No. 6296 of Diana Delucia - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, LWRP Consistency Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, Copy of Application for Building Department with Disapproval Dated February 10, 2009, Notice of Disapproval From Building Department Dated February 10, 2009, New York State DEC Permit Component, Copy of Property Record Card (Both Sides), Drawing of Side View of House Dated March 24, 2009, Site Plan Showing Existing & Proposed Construction with Description of Project Dated January 2008, Copy of Survey Showing Property as it Exists Dated July 31, 2006 Prepared by Smith, Jung & Gillis, 5 Pages of Photos Showing Property with Proposed Deck Staked out, Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 763-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 30, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ JULY 30, 2009: 9:40 A.M. DIANA DELUCIA # 6296. Request for Variances under Section 280-124, based on the Building Inspector's February 10, 2009 Notice of Disapproval concerning a proposed deck addition to the dwelling, which new construction will have setbacks from the front property line at less than the code-required minimum of 35 feet and from the rear property line at less than 35 feet, at 4573 Wickham Avenue, Mattituck; CTM 107-4-5 (adjacent to Long Creek). The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town. Southold.ny.us. Dated: June 26, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ~ l~- #9372 ..C- 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 16th day of July, 2009. / Principal Clerk Sworn to before me this ~'~.~ 2009. NOTARY PUBLIC-STATE OF NEW YORK No. 01-¥06105050 Qualified in Suffolk County LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 30, 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Tpwn Law and Town Code Chapter 280 (Zonin. g), Town of Southold, the following public hear ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall 53095 Main Road, Re. Box 1179, Soarhold, New York 11971-0959, on THURSDAY~ JULY 30. 2009:. 9-.40 A.M. DIANA DELUCIA ~6296. Request for Variances under Section 280- 124, based on the Bu0ding Inspector's February 10, 2009 Notice of Disapproval concerning a proposed deck addition to - the dwelling, which new construcuon will have setbacks from the front prop~ erty tine at less than the code-required minimum of 35 feet and from the rear property line at less than 35 feet, at 4573 Wickham Avenue, Matdtuck; CTM 107- 4-5 (adjacent to Long Creek). 9-.50 A.M. leL~IFA~S ISLAND ~ tion of Property: 1145 Nokomis Road CIt~RNUSiI~KA ~ Location of , VELOPM~NT COI~I~ORATION ~e andWabassoStr~et. Southokl. Property: 640 Rabbit Lane, EastMarinn; WALTER C. ltLOW~R IH. alal,14~&~S ~ A.M. CII~S'I~R CIAGLO, CTM 31-18-20,1 (adjacem to Gardiners M. and DIANE BAKER #6297. Request SR. #6200. Requests for Variances under Bay). Requests for Variances under Sec- for a Variance under Section 280-14, Section 280-15B, based on the Build- tions 280-116B and 280-124, based on based on the Building Inspector's March lng 'Inspector's April 14, 2009 amended an application for a building permit for 30, 2009 Notice of Disapproval ~oncern- Notice of Disapproval concerning an additions and alterations to the existing lng a proposed re~divisinn of land as a application for a .building permit for dwelling, and the Building Iuspeetor's result of a proposed lot line change, consfruction of an accessory structure March 13, 2009 Notice of Disapproval, which will create a lot size at less than or building for personal storage use o~ for the reasons that the new 120,000 square feet in this R-120 Resi- this55,500square foot parcel, whiehnew tion willbe: dential Zone District. Location of Prop- construction: (1) is setback less than the al less than code-required mlnim~l~ erties: SCTM 1000-10-5-8,3.1000-10-5-9 code-required minimum 15 feet from a 75 feet from the bulkhead~ aacl part of 12.9. Private Road off Eas~ property line, and (2) contains a build- b) less than a~ minimum 10 It. End Road. Orientui Avenue. Permisula lng size greater than the code ~mitatinn side yard: Road. Fishers Island. New York. of 750 square feel Location of Properiy: c) ess than 25 feet for combined ~ A.M. ARTHUR J. CONNOL- 36980 County Road 48 (a/k/a Middle yard setbacks: LY and LORRAINE VICAREI~I Road. or North Road). Southold: CTM dl less than the code-required mini- ~1. Request for a Variance under 69-4~,2. Zone District: Agricultural- mum lear yard setback of 35 feet: Section 280-124. based on the Build- Conservation e) greater than the code limitation of lng Inspector's Januar~ 21. 2009 Notice IL'OSA.M. PAULT. BETANCOURT 20% lot coverage on this par~! oo~tain- of Disapproval concerning proposed ~ I~6294. Location of Property: 1825 Aqua- thg less than 4.700 square feat of build~ additions and alterations to the exist- view Avenue. East Marion: CTM 22-2~ able area. mg single-family dwelling, which new (adjacent to Long Island Sound). The The Board of Appeals will hear all. construction will be less than the code- applicant requests Variances based on persons, or their representative~ d~it- required minimum of 15 feet on a sing[9 ~e Building Inspector's March 24. 2009 lng to be heard at each hearm~ and/or side yard, on this 32,478+/- square fo01 Not, ce'of ]~isapproval concerning an ap- desiring to submit written ataremeats parcel, tocared at 3505 Wiekham Avenue, .~-plication for~a building permit for the before the conclusion of each hear- Matthuhk: CTM 1000-107-9-9 (adjacent ~fullowing proposed constr~ction: .in& Each hearing will not start earlh~ to the shoreline of Long Creek). LunderSeetinn280-1~forproposed than designated above. Files are avail- 10:.15 A.M. DIANE MANSON and additions and alterations to the dwelling hours and i~rinr to the day of the hear~ AMORY MII~RD ~ Location of with: able for review during regular business Property: 495 Maple Lane. Orinn~: CTM a) front yard setback~t.le~[~ ~, If you have questions, please do not 17-2-3.1. Requests for Variances under feet:" :' hesitate to contact our office at (631) Sections 280-13C and 280-122. based b)singlesideyardatlesgthanl0feet 765-1809. orbyemail:Linda. Kowalski@ on an application for a building permit c) combined~side yards at less than Town. Southold.ny.u~ to construct additions and alterations to 35 feet: Dated: July'/, 2009. an existing accessory building (currently d) lpt coverage ex~eeding the code ZONING BOARD OFAPPEAL8 a garage) and proposing to convert the qimitarionof20% for lot coverage (based GERARD p. GOEHRINGER, existing garage, with or without the on a nonconforming 10,133 square feet CHAIRMAN proposed addittons, to an art studio or b~buildable area); BY IANDA KOWALSKI habitable space which is not a permitted 2. under Section 280-15 for swimming 54375 Main Road (Office Locatinn~ use in accessory buildings. The Building poolconstruction proposed in a side yard 53095 Main Road (MalIin~/USPS) Inspector's January 26, 2009 amended instead of a code- required rear yard (or P. Ck ~oz 1179 Notice of Disapproval reasons for disap- code-required front yard for waterfront SouOmid. NY 119'/1-0959 proving the application ai'e: property); 9372-1T 7/16 (1) the existing accessory garage is ~ 3. ander Section 280-116A(1) for pro- located in a front yard as per Variance pe~ed additions and alterations to the #5462 issued 2/12/2004:under ZBA Zen- dwelling at le~ than 100 feet from the lng Code Interpretation g5039 (WaLz), top of the bluf~ the proposed additions and alterations 11:20 AM. WILLIAM E. ~ will constitute an increase hz the degree TON ~6299. Requests for Variances ofnonconformance.'and under Sections 280-4(B), 280-18. and (2) the proposed layout of th~ build- 280-116A(1), based on the Building In- mg appears to create habitable space, spector's revised April 8, 200~ Notice which is not permifre~ in accessory of Disapproval concerning a propoaed 10'.30 A.M. JASON TAGGART swimming pOOt.~ 6ad r~ tie construction, which new construc- t6295. Request for a Waiver to unmerge tion areas will be: (al Iess than 100 feet 13,750square feet ofarea(CTM 1000-78- from the top of the L.I. Sound bluff or 3-28/from the remaining 12,650 square bank. and (b) greater than the cede- feet of area [C'TM 78-3~9~ based on ~uitation of 20% lot coverage on tiffs the Building Inspector's March 1~,. 2009 +/- 29.406square feet of butidable land. Notice of Disapproval which states the located at 2670 Grandview Drive. Ori- subject lot merged with the adjacent lot ent; CTM 1000d4-2-3.6 pursuant to Code Section 28~-10. Loca- '11:40 AM. JOSEPH and JOANNA ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 29,2009 Re: Town Code Chapter 55 - Public Notices for Thursday, July 30, 2009 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before July 9th 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 all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public.or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another add tess 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 mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or durin~ the hearing, providin.q the returned letter to us as soon as possible; AND not later tha.d... July 10th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed)w~th parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later 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 July 22nd: Please make arrangements to place the enclosed Poster on a signboard sudh 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 strei~t or roadway, an extra sign is available for the additional front yard. Please deliver or mail yourfAffidavit of Postin,q for receipt by our office before July 28, 2009. If you are not able tO meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooper[ation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicanfs) CTM Parcel #1000- t o~-~--~ ~ .... x AFFIDAVIT OF MAILINGS cOUNTY OF SUFFOLK) STATE OF NEW YORK) I, I~LA~/~, 1~c-tf~ residing at ' (2- ~---'7/k-~"t'~ D O_.:-T'- , New York, being duly sworn, depose and say that: .. On the(¢ J~'Z.~day of ~-.3~_-',.//~4.~ '- , 20OC1, I personally mailed at the united States Post Office in K-/l~-Iv--'f' , New York, by CERTIFIED MAlt,, RETURN RECEIPT REQU'E~TED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment rail verified from the official records on file with the ( ) Asse~sors,'or ( ) County Real Property Office' z~ o 0 ~ ~ , for every .property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. ~ '-"- (Signature) NO. 01ZA8i?~108 Qua~ed le Suffolk County PLEASE list, on the back ~t~l~e~l~i(~f,J~xt~r~r~heet of paper, the ot numbers 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 (Name of Applicant) AUG 0 6 2009 I~OARD oF A PP£ALs AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as ooo- - COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~/~-~/'~ ~P-~¼'~/~-eJ' residingat , New York, being duly sworn, depose and say lhat: On the tl-~-~A day of ~,A~'v/ ,200~, I personally placed the Town s official Poster, with the dat& of hear ng and nature of my apphcabon 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 fo~ se~en days prior to the date of the subject hearing date, which he/~ri~//~/a/~)a/shown to be S~wOrn to before me this day ofa-~-~'~, 200 (Notary Public~) KATHLEEN GAS8 Notary Public State of New York Qualified in Suffolk County,. Commission Expires __ *near the entrance or driveway entrance of my property, as the area most visible to passersby. $2.80 0941 USE Po..~ $0,44 c~d Fee $2.80 O~ (Endorsement Required) $2 · ~0 ~ ,Here · 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 mailpiece, or on the front if space permits. 1. Articb) Addressed to: B. Recaivad by ( O. Is delive~ address different from item 1 ? if YES, enter daiive~ address below: [] Agent []~ Mall [] Registered ;,~etum Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number p-r~sfer ~orn ~wce/abe0 8387 ~ Fo~ 3811, Februa~ 2004 1~59~-M-1~ 7008 1140 0002 2993 Domestic Return Receipt · 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 mailpiece, or on the f'~ont if space permits. A. Sign ure [] Registered [~'3~tum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deliver/? (Extra F~e) [] Yes 2. A~ticle Number (Trans~r from service/abe/) 7008 1140 0002 2993 8370 PS Form 3811. February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Detivery 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 mailpleca, or on the front if space permits. 1. Article Addressed to: PS Fo~ 3811, Febm~ ~ o. r o, O Is ,elive~J ,dd..~ different fi'om item 1~' r-i Ye~sTM / [] Insured Mail [] C.O.D. 4. Restricted D~livery? (Extra F~e) [] Yes 1140 0002 2993 8394 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: DELUCIA, DIANA # 6296 MAP #: 107-4-5 VARIANCE: SETBACKS REQUEST: ADDITION TO DWELLING DATE: THURS, JULY 30, 2009 9:40 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZO. NO BOARD OF ^PPE^LS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 29, 2009 Re: Town COde Chapter 55 - Public Notices for Thursday, July 30, 2009 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before July 9th 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 ail 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. I1 you know of another address for a neighbor; you may want to send the notice to that addre~ss as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability,, and to confirm how arrangements were made in either a written statement, or durinq the hearin.q, prov d n.q the re.t. urned etter to us as soon as possible; AND not later thad July 10th: 'Please either mall Or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later 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 July 22nd: Please make arrangements to place the enclosed Poster on a signboard such as ..cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your~Affidavit of Postinq for receipt by our office before July 28, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) NY 11971 Mailing Address: ~ ~9%,%~ 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF $OUTHOLD Tel. (631) 765-1809 Fax (631) 765.9064 April 3, 2009 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: ZBA File #6296 Action Requested: Within 500 feet of: Owner/Applicant: Delucia, D. Setbacks ( ) State or County Road (x) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chai,~an By: ~/'~.~ ~t,~-7~,~L3 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) NY 11971 Mailing Address: ~ 53095 Main Road P.O. Box 1179 Southold~ NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765.9064 April 3, 2009 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6296 (Delucia, D.) Dear Mark: We have received an application for construction of a deck addition to an existing dwelling as detailed on the enclosed map. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. May we ask for your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D. Thank you. Very truly yours, Gerard P. Goehringer Chairman Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) outhold, NY 11971 Mailing Address: ~ ~kO_- 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 3, 2009 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA # 6296 Delucia, D. Dear Sir or Madam: We have received an application for a project adjacent to a waterway, shown on the enclosed site map. The hearing on this application is expected to be held in approximately 3 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Gerard P. Ooehringer Chaii man Encls. Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 L~lailin _~ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765-9064 August 26, 2009 Ms. Diana Delucia 12 South Bay Avenue Eastport, NY 11941 Re: ZBA #6296 - Diana Delucia Variance application Dear Ms. Delucia: Transmitted for your records is a copy of the Board's August 18, 2009 Findings, Deliberations and Determination, the odginal of which was filed today with the Town Clerk regarding the above application for variances. Please be sure to submit an application for a building permit with three sets of maps and any other documentation (if not already filed) directly with the Building inspector's Office. You may want to furnish an extra copy of the enclosed when furnishing additional information to the .Building Department. If you have i~any questions, please feel free to call at any time. Very truly yours, i Encl. ~ Copies of Decisior~ to: Building Department Town Clerk (Original for filing) .,Ltl ZL5