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Home My WebLink About6330 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at YoUngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1509 Fax (631) 765-9064 FINDINGS, DELIBERATIONS, DECISION MEETING OF SEPTEMBER 22, 2009 RECEIVED + "SEP 2 9 2009 $o-lhohl lown Clef[ ZBA FILE # 6306 and # 6330 NAME OF APPLICANT: KELLY MYERS PROPERTY LOCATION: 1730 Deep Hole Drive, Mattituck CTM 115-12-23.2 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 July 6, 2009, 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 applicant's property is nonconforming with 8,480 square feet, 50 feet along Deep Hole Drive, 169.80 feet along the south/east property line and 50 feet along a bull~'head at Deep Hole Creek, as shown on the May 29, 2008 survey prepared by John C. Ehlers. ~ BASIS OF APPLICATION: #6306 - Requests for Variances from Zoning Code Section 280-124, based on the Building Inspector's March 25, 2009 Notice of Disapproval concerning a proposed addition to the existing dwelling on this 8,480 square foot lot, with proposed: (1) lot coverage exceeding the code limitation of 20%; (2) a side yard setback at less than 10 feet; (3) both combined side yard setbacks at less thah 25 feet. # 6332 - Amended Request for additional Variance from Zoning Code Section 280-116, based on the Building Inspector's amended August 12, 2009 Notice of Disapproval concerning a proposed addition to the dwelling at less than 75 feet from the bulkhead. LWRP DETERMINATION: This application has been reviewed under 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 Page 2 - September 22, 2009 ZBA # 6306 and # 6330 - Kelly Myers, Applicant Property Location: 1739 Deep Hole Drive, Mattituck CTM 115-12-23.2 us, it is our recommendation that the proposed action is consistent with LVVRP policy standards and therefore is consistent with the LWRP. Confirming a recommendation of Consistency, the Town LVVRP Coordination submitted a letter dated August 17, 2009 to the ZBA. RELIEF REQUESTED: The applicant proposes to construct a new 633 square foot wooden deck attached to the rear of their existing single family dwelling maintaining the pre-existing non-conforming single side yard of 8 feet where the code requires a minimum of 10 feet, a total combined side yard of 18 feet where the code requires a minimum combined side yard of 25 feet, a lot coverage proposed at 21.4% where the code permits a maximum of 20%, and a setback from the bUlkhead of 57.08 feet from the bulkhead along Deep Hole Creek, where the code requires a minimum of 75 feet. AMENDED APPLICATION: During the hearing on August 27, 2009, the applicant was asked to bring the plan into more conformity with the code. The applicant on 9/11/09 submitted a revised site plan dated 8/30/09 increasing the setback from the bulkhead to 59.75 ft. from the proposed raised deck and 55.5 feet from the closest edge of the steps to the deck, reducing the deck by 31 sq. ft. to 602 sq:. ft. thereby reducing the proposed lot coverage to 20.9% and bringing the plan into more conformity with the codes. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law .~267-b('3)(b)(3)(1). Grant of the variances in the amended application will not produce an undesir',able change in the character of the neighborhood or a detriment to nearby properties. The prO'posed deck is not visible from the street and decks in rear yards on these waterfront properties are typical in this area. 2. Town Law §267~b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible foi; the applicant to pursue, other than an area variance because the house has pre-existing non'confirming side yards setbacks so any additional construction will require a variance. 3. Town Law §267:b(3)(b)(3). The variance granted herein are not substantial with regard to the maintenance of:the pre-existing non-conforming single side yard and total side yards and the lot coverage which is less than one percent beyond the code, for a total of 20.9%. The proposed setback frbm the bulkhead is a 20% variance and is substantial. 4. Town Law §267,b(3)(b)(5The difficulty has not been self-created in that the location form the bulkhead of the existing house does not permit the construction of a confirming deck that is of a reasonable size. 5. Town Law §267-'b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The proposed deck is consistent with the LVVRP, and has Trustee approval conditioned with no use of CCA timber. Page 3 - September 22, 2009 ZBA # 6306 and # 6330:- Kelly Myers, Applicant Property Location: 1730 Deep Hole Drive, Mattituck CTM 115-12-23.2 6. Town Law §267-b. Grant of the amended relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a deck addition while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Chairman Goehringer, and duly carried, to GRANT the Variances as applied for, and shown on the revised plan dated 8-30-09 by Peconic Permit Expediting, Sheet A-l, subject to the following Condition: 1. The deck shall remain open to the sky. That the above condition be written into the Building InspectoFs Certificate of Occupancy, when issued. Any deviation from ~t. he 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 properly 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 hot increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Ch~, We,,i~ (Absent was Member Horning.) This Resol~ff /G era r.~t4~¢. Goeh ringer, Chairman /,.~ oved for Filing n~neider. 2£/2009 · ~ S.C.T.M. ~ 1000 - 115-12-23.2 ~VISIONS: DATE: AD PER ZDA 'x. SEP 1 1 200] EXISTING DECK TO BE ~EMOVED SCALE: I/&" = ILO" ~ ~ ~' P.O. Box 1106 Phone: 914.762.6072 - F~: 914.801.4167 ~ PHONE: G3 I .734.83G I I'~SE PLANS AND SPECIFCATIONS ARE INSTRUMENTS OF SERVICE : ~ NEW WOOD ~ILING ANDARETHEPROPEKTYOFPECONICPER~T EXPEDITIN~ ~ DATE: 3-9-09 ~ DR. BY: RWL SC~E: AS NOTED SITE A~ ZON~G DATA ~ ~ REVIEWED BY ZBA LOT AREA 8, 48O 5.F. & 480 5.P. ~ E ~ ~ ~ DAT~ DO0 ~ PRONT YArD 5~BAC~ ~5.0 ~ 52. ¢' ~, 52. 3' ~, REARYAKD SETBACK ~5.0 ~ ¢2. G ~. SD. 75 ~, M~IMUM HEIGHT 35.0' ~ 20. 0'~ 20. 0'~ PRO~CT~ER S~ET~ER SCALE: I/4" = ILO" SITE AND ZONING DATA ZONrNG P.~QUIREMENT5 K-40 EXISTING CONDITIONS PRO?ODED CONSTRUCTION AD PER 280 - I 24 LOT AREA 8, 480 5.F, 8, 480 5.P. FRONT YARD 5ffFBACK 35,0 PT 52. 3' PT, 52. 3' PT, REARYAKD SETBACK 35.0 PT 82. G PT. 59. 75 FF, 51D~ YARD SETBACK [ O.O PT 4% O PT. ~. O fiT. TOTAL @ DOT~fl 5rpE5 25.0 PT I &. 0 PT I 8. 0 PT MAX, GRO55 FLOOR AREA 20% I 172 5.F. I 3,&% I '774 5.P, 20. 9% MAXIMUM HEIGHT 35.0' fit 20, O' fit 20. O' fit FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 25, 2009 *Amended: 8/'12/09 TO: Rob Lehnert~r Kelly Myers 32645Main Rd. Cutchogue, NY 11935 Please take notice that your application dated March 13, 2009 For an addition to an existing single family dwelling at Location of property 1730 Deep Hole Dr., Mattituck, NY County Tax Map No. 1000 - Section 115 Block 12 Lot 23.2 Is returned herewith and disapproved on the following grounds: The proposed addition on this non-conforming 8,480 sq. t~. lot, is not permitted pursuant to Article XXIII Section 280-12463 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 & have not merged pursuant to 280-10." For lots less than 20,000 sq. ft., the required side yard setbacks are 10' & 25' combined. The proposed addition indicates side yard setbacks of 8' & 18' combined. *In addition, the proposed addition is not permitted pursuant to Article XXII Section 280-116 which states: "All buildings or structures located on lots upon which a bulkhead .... and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet AUG 1 2 200L, BOARD OF APPEALS fi.om the bulkhead." The proposed deck addition is indicated at 57' fi.om the bulkhead. Also, the required lot coverage is 20%. The proposed construction indicates a lot coverage of 21.4%. This Notice of Disapproval was written based on the site plan of OS Design, dated 3- 9-9. g~uthorized Signature DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE P. ECE~VED OCT 1 ~ 2009 BOARD OF APPEALS THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING October 6, 2009 Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman 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 Myers, Kelly (c/o Peconic Permit Expediting) Lieblein, William Penny, William A. III Highland House FI LLC Scarola, Frank Scarola, Frank Simpson, Laurence & Lillian Fabb, William J. (TFLC Inc.) Nardone, Mark M. & Elizabeth 6330 6333 6336 6337, 6338 6339 6340 6341 6342 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 OFFICE mCA~ON: Town Hall Annex 54375 State Route 25 M~n Rd. & Youngs Ave.) Southold, ~ 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIVED rrOARD OF APPEALs To: Gerard Goehringer, Chair Town of Southold Zoning Board of App~ From: Mark Terry, Principal Planner 't, )"~ LWRP Coordinator~v ~/ Date: August 17, 2009 Re: ZBA file Ref. No. 6330 (Kelly Myer) Location: 1730 Deep Hole Drive, Mattituck; CTM 115-12-23.2 (adjacent to Deep Hole Creek). The proposed action is an request for Variance from Zoning Code Section 280-116, based on the Building Inspector's amended August 12, 2009 Notice of Disapproval concerning a proposed addition to the dwelling at less than 75 feet from the bulkhead. On April 22, 2009 the Southold Board of Trustees issued a permit for the proposed action with the following condition (in part): 1. Non-treated lumber shall be used in construction of the deck. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP. Figure 1. Subject parcel shown at arrow terminus. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney SOIL AND WATER CONSERVATION DISTRICT FAX:(631)72?-3160 July6, 2009 Chairman Gerard Goehringer Board of Appeals Town of Southold P.O. Box 1179 Southold, New York 11971-0959 COUNTY OF SUFFOLK Steve Lever JUL 13 RE: ZBA File REF. No 6306 (Myers) Dear Chairman Goehringer: As requested, a site review was conducted at 1730 Deep Hole Drive in Mattituck on July 2, 2009. The site was evaluated for potential natural resource concerns regarding the construction of a rear deck. The home is fitted with gutters and downspouts that outlet into drywells. The rear yard slopes towards Deep Hole Creek with a slope of approximately twelve percent and is vegetated with grass and a few large trees. There exists an old wooden bulkhead protecting the property's shoreline; the top of the bulkhead is un- vegetated sand which is nearly level. There is no beach front seaward of the bulkhead; high tide does not appear to rise above the bulkhead. The bulkhead was in stabile condition and there was no active erosion on the property at the time of the site visit. It is advised to plant the top of the bulkhead with 'Cape' American Beachgrass and 'Avalon' Saltmeadow Cordgrass, leaving apath leading to the floating dock. Planting the top of the bulkhead will help prevent any possible future erosion, such as that from storm surges. No natural resource concerns were observed at the above property with regard to the proposed construction of a rear deck. If you require further assistance in this matter please don't hesitate to contact our office. Best regards, , ' tq ,q .., District Technician 423 GRIFFING AVENUE SUITE 110 RIVEP=qEAD, NY 11901 ' ' APPLICATI~rTO THE SOUTHOLD TOWN BO~F APPEALS O , jFor Office Use Only Fee: $ Filed By: .% ~.-~'~L~ Date Assigned/Assignment Office Not~: House No.J 730 Street /~¢~ff SCTM 1000 Section 115' Block/P Lot(s) ~gff, :9 LotSize ff~ot~O 5'/t: Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED .~-23--oq BASED ON MAP OATED ~-~- Of Applicant(s)/Owner(s): /~ ¢ ! ] x/ ~ y'-~ f~ ! · MailingAddress: ~;~e, O~en Telephone: Fax #: Emaih NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc- and name of person who agent represents: Name of Representative: PCgP~tG P,~f~ ~::~/~r~ for (~ Owner, or ( ) Other: Please chech box to specify who you wish correspondence to be mailed to, from the above names: 13 Applicant/Owner(s), or ~Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED ~- q~O AN APPLICATION DATED ~4 3- O ~ FOR: )8~Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy U Change of Use [] Permit for As-Built Construction UOther: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) ArticleX~(.~ Section 280- /,2. ~- Subsection Type of Appeal. An Appeal is made for: ~ Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal 13 has, ~'has not been made at any time with respect to this property, UNDER Appeal No. ,Year ' (Please be sure to research before completing this question or call our office for assista~t ce.) ' '-- t - · 'Town 0f South3ld 7-, ~A. ~-~I'NSTRUCTIONS LWRPCONSISTENCYASSESSMENTF~RM ~;'' ;~=' v ';'(J>/,~; ~ 7/~/ | AUG 1 4 ?' All applicants for pemts* including Town of Sou~old agendi~ ~fi~ ¢o~plefe :~}'CC ~ for proposed actions that are subject to ~e Town ofSouthold Waterko~t C6h~[~Sfie9~e~6;g-L~<. TMs assessment is intended to supplement other info~ation used by a Town of Sou~old agency in making a dete~Mation of consistency. *Except minor exempt actions including Building Permits arid other ministerial pe~its not located within the Coastal Erosior~ ~azard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and esplanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). It' 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 (eview law. Thus, the action should be analyzed in more detail and, if necessary, modified pr/or to malting 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 LTM policy standards and conditions, it shall not be undertaken A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# /If /2 _~- The Application has been submitted to (check appropriate response): TownBoard [--q Planning Board ~-q Building Dept. ~ BoardofTrustees 1. Category of Town of Southold agency action (check appropriate response): (a) (b) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) Financial assistance (e.g. grant, loan, subsidy) (~it, approval, license, certifich~b~ni ...................... ,~ Nature and extent of action: ,., __ . Location of action: Site acreage: Present land use: /qr~4t~c~ Present zoning classification: RECEZVED AUG 1 4 2009 BOARD OF APPF. AL~ 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: ~/'~e-, //)/' ]~4 X¢ £5 (b) Mailing address: e~ff 1~1.~ dt~O dV~ (c) Telephone nmnber: Area Code ( (d) Application number, if any: Will the action be directly undertaken, require funding, or approval Yes [] No ~2] if yes, which state or federal agency? by a state or federal agency? C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal locati0n, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. F~¥es ~ No ~ Not Applicable Attach additional sheets if necessary ...... Poii~'rot~t-~(l~f~erv~ hi'sl~i-e-~d~Fcl~fieo ol~g~c'~I resources ol'~he- oT6~S~ht~lttTSee LWRP - __Section III - Policies Pages 3 evaluation criteria ............. through6 for ~ Yes [] No ~7] Not Applicable Attach additional sheet Policy 3. Enhance visual quality and protect scenic resources throughout the Town Of South01d. See LWRP Section III - Policies Pages 6 through 7 for evaluatiou criteria RECEZVED Yes No [/~J Not Applicable AUG 1 4 2009 Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and uatural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes [--] No IH Not Applicable Attach additional sheets if necessary Policy 5. Protect and i~nprove 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 Agtach additional sheets if necessary Policy 6. Protect and restore the quality and functiou of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies~ Pages 22 thrOugh 32 for evaluation criteria. A---~ach additional sheets if necessary AUI 1 4 0119 Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP 81~ll~lOl[l$Pl~.llpljcies Pages 32 through 34 for evaluation criteria. [] Yes [~q 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 IH 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 locatioas. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. RECEZYED ~06 1 4 200~ Attach additional sheets if necessary BOARD OF APPEALs Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic ~stuary 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 appropriate use and development of energy and nfineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ' es No Not Applieab,e Created on 5/25/05 11.'20 AM RECE~/ED PECONIC PERMIT I XPI DITING 15ud&n~j / DEC / Variance / Manne E-Mail peconicpermits~oDtonline.net 32645 Main Road Cutchogue, NY 11935 Ph 631.734.8361 · Fx 631.734.2276 ra, ~ tO April 27, 2009 Revhed: Au~st 12, 2009 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 RE: Questions on Application Due to the uniqueness of this application, I will be addressing these questions to each of the four variance requests being made. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because; As this is only a rear deck application, we feel that it will not change the character of the neighborhood. Decks are typical in any waterfront community, and especially on the creeks such as this. 2. The benefit sought by the applicant CANNOT be achieved by some method feusible for the applicant to pursue, other than an area variance, because; Due to the size of the subject property, there is nothing we can do to avoid the need for a variance. The amount of relief requested is not substantial because; We are only asking for the existing side yard setbacks to be extended to the decks. This is not substantial since it already exists. Also the increase to 21.4% of lot coverage is not substantial since the new lot coverage will be open deck only. As for the setback from the bulkhead, the bulkhead exists legally, and since the land has already been altered, the approval of this vaxiance will not be substantial. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or the district because; There will be no adverse effect or impact on physical conditions or environment due to this project since it is a small deck addition. There are also bulkheads present in the rear yard, and also a non-turf buffer as required for proper drainage into the creek. EFFECTIVE All must be al ons for .e( Insurance that you have contractor, above info~ struct~on license and In the event C( your the prior truct~on. yOLl. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 8-17-09 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP Amended application- amount of $600.00 pd NONE #6330 Myers, Kelly w/application #6306 (amount capped) RECEIVED TOTAL NONE S~ ,uthold Town Cled~ Sent via Inter-Office to Town Clerk by: Thank you. ES ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville August 18, 2009 Zoning Appeal No. 6330 (Amended) Transmitted herewith is Zoning Appeals No. 6330 of Kelly Myers - the Amended Application to the Southold Town Zoning Board of Appeals. Also enclosed is the LWRP Consistency Assessment Form, Letter fi.om Peconic Permit Expediting Revised August 12, 2009, Notice of Disapproval from Building Department Amended August 12, 2009, and Letter from Rob Lehnert #9423 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) RECEIVED /~U~ 3 1 200,9 BOARD OF APPEALS 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 / P~'incipal Clerk Sworn to before me this 2009. SOUTHOLD TOWN ZO/~G BOARD OF THURSDAY, AUGUST 27, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pur- suant to Section 26? of the Town Law and Town Code Chapter 280 (Zoning}, Town of South61d, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF AP.- PEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold~ New York 119~71 ~)9591 on THURSDAY. AU- 11:2~ A.M. KELLY ~MYERS. Loca- tion of Properly: 1730 Deep Hole Mattituck; CTM 115-12-23.2 (adjacent to Deep Hole Creek). # 6306. Requests for Variances feom Zoning Code Section 280-124, based on the Building Inspector's March 25, 2009 No.6ce of Disapproval concerning a ~ posed addition to the existing d~l~Js~ on this 8,480 square foot lot, with pro- posed: (1) lot coverage, exceeding code limitation of 20%; (2) a side yard setback at less the~ 10 feeS; (3') both combinexl aide yard setbee,~ ~1~, 25 feet. # 6330. Amenaknl RexlUe~t for Vari- ance from Zoai~ Cod~ Sectiola ~0. I16, based qn the Budding InspectOr's amended August 12, 2009 Notice of Disapproval concerning a propo~d ad- dition to the dwelling at less than 75feet from the bu/kliead. The Board of Appeals 'wil/liear al/ persons, or their representath, e~r~ ing to bc heard at each hea~ng, and/or' desh~ng to submit written statements' before the conclusion of each hear- ing. Each hearing wffi not start earlier than designated above. Fi/es ara avail- able for review during regular business hours and prior to the day of the hear- lng. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by etnafl: Linda. KowaiSki@ Town. Southold.ny. us. Dated: August 14, 2009. ZONING BOARD OF .~PPEALS GERARD E GOI~HRINGER, CHAIRMAN By LINDA KOWALSKI 54375 Main Road (Office Locati6n) 53095 M0in Road (Mailing/USPS) P.O. Box I Southold, NY 11971-0959 NOTARY pUBLIC-SIAIE OF NEW yORK No. 01.VO6105050 Quoilfled in $uftOl~ counW 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 Southo[d, 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 13th day of August, 2009. Principal ~lerk Sworn to before me this APPEALS BOARD MEMBE~ Gerard R Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631} 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 119714)959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue} Southold, NY 11971 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 27, 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, AUGUST 27, 2009: 1t:25 A.M. KELLY MYERS. Location of Property: '1730 Deep Hole Drive, Mattituck; CTM 115-'12-23.2 (adjacent to Deep Hole Creek). # 6306. Requests for Variances from Zoning Code Section 280-t24, based on the Building Inspector's March 25, 2009 Notice of Disapproval concerning a proposed addition to the existing dwelling on this 8,480 square foot lot, with proposed: (1) lot coverage exceeding the code limitation of 20%; (2) a side yard setback at less than 10 feet; (3) both combined side yard setbacks at less than 25 feet. # 6330. Amended Request for Variance from Zoning Code Section 280.116, based on the Building Inspector's amended August 12, 2009 Notice of Disapproval concerning a proposed addition to the dwelling at less than 75 feet from the bulkhead. 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 pr/or to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-t809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: August 14, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: Myers, Kelly # 6306 + # 6330 MAP #: 115.-12-23.2 VARIANCES: SETBACKS & LOT COVERAG REQUESTS: ADDITIONS & ALTERATIONS DATE: THURS, AUG. 27, 2009 11:25AM If you ar.e interested in this pro!ect, you may review the file(s) prior to the hearing dunng normal bus~ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 631765906~ ZONINGBDOFAPPEALS ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (N ime of Applicants) CTS. Percel # 000- I/,¢' ' 1 2. PAGE 85/86 AFFIDAVIT OF MAILINGS couN~f' OF SUFFOLK) STATE OF NEW YORK) ~"U'/~ ~.~'¢~' , New York, being duly sworn, depose and ~y that: . On the I0~ I~ day of ~ v~ ~ ,200.~ I pemonally mailed at the , New York, by CERTIFIED Notice iD prepaid envelopes address~ to ~ent owners shown on ~e ~ffent assessmen[.¢oll vedfied f~m the official r~o~s on file with the ( ~ As~e~som, or ( ) County Real Prope~y ~ce' .., for ev~ .prope~ which abut~ and is across a public or pdvate street, o~ v~ar dght~P. surrounding ~e applicant's way of [ecord, ~ Sworn to before me this day of ~7ud.~,/,,"~- ~ 200? (Notary Public)~ NOTARY PUBLIC-STATE OF NEW YORK No. 02MC6151514 gualltlecl in Sullolk County .My Comml~lon Expires Auguit 08, 2009 PLEASE list, on the back of this Affidavit or on a sheet of paper, the ct numbers next to the owner names and addresses for which notices were mailed. Thank you. $ $5.,~ USE I $0.44 $2.80 $2.30 $0.00 USE $2.30 $5.54 $2.30 Total Postage & F~s J ,~E~I~iAL USE ,~t~ i A L USE Cl~, State, Zl ............ · ..................................... USE ru Postage Return Recelpl Fee (Endomement Required) Restricted Delivery Fee Total Postage & Fees ru ~- or PO BOx No. J ~J ~F~IAL USE[ Postage $ ...j. Cerafled Fee I'-1 Return R~elpt Fee ~(~:~: ................................................. ~ State, Zi +4 ...................................... ~ ............... m Complete Items 1, 2, and 3. Also complete It~ 4 if Rest~cted Deliver/is desired. I Print your name and address on the reverse so that we can return the card to you, I Attach this card to the back of the mallpleca, or.~n the fror~ if space permits. ~n item 1 ? 9 yes · A~ticle Addressed to: IfY~S, enter delive~addmes beicw: r-I No 3. Se~ice lype [] Registered [] Return Receipt fo~ Merchandise [] Insured Mall r'l C.O.D. 4. Restflcted Delivery? (Ex~ra Fee) [] Yes ,~-,,,~-~?~o ( 7Q06 2~1~0 000~ 2218 544~ 1~ ~ ~1~:11:, ~b~ 2~ ~ R~m R~ 1~ I C~e ~s 1, 2, ~ 3. N~ ~l~e ~ S~ ' I P~nt your n~e ~d ~dm~ on the mveme ~ th~ we ~n ~m ~e ~ to you. B.~ by (~) ~C. ; ~ or on the f~.t if s.ce .~.s.D. Is. YE~:erda .d--d.~~A'No~' ' Yes ~ ~ Insu~ Mail ~ C.O.D. ~ 4. R~ Da~ ~ F~) ~ Y~ ~ ~.~N~ 7006 2150 0004 2218 541h PS Fom~ 3811, February 2004 · (~lll~ate Itern~ 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 mailplece, or on the floflt If space permits. [] F..xpr~ Maml [] Registered [] Return Reselpt fo~ Memhesdlee [] Insured Mall [] C.O.D. 4. Rest~tieted Del!vevfl (Ex~a Fee) OYes 7006 2150 0004 2218 5423 · Complete Items 1,2, Item 4 if RestItcted Delivery is desired, · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpisoe, or on the front if space permits. 1. Article Addressed to: D. Is delivery If YES, enter deliver 3. Sewlce Type [] C~t~d M~I [] Express Mail [] Registemcl [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Rsstdcted Daiive~y? ,(,(,(,~ Fee) []Yes 2. Ntlcle Number (r,~f,,~,,=,,,,~e~,~,~) 7006 2150 0004 2218 5454 PS Fora1 381 ~, February 2004 , D0~o R~um R~em~ · Complete items 1,2, and 3. Also complete Item 4-if Res~cted 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 flont if space permits. 1. ktlcle Addressed to: A. Signature - [] Agent -'1 Addressee 3. ~entfromltem 17 [] yes If YES, enter delivery address below: [] No [] Catlfied Mail [] ExpmssMail [] Registered [] RetUrn Receipt for Merchandise [] Insured Mall [] O.O.D. 4. Restricted Oaiive~y? ~xtra Fee) [] yes · 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 mallpisoe, or on the front if space permits. 1. Article Addressed to: B. R~dby(P"%d~;'~) ~ of~ [] Certified Mall [] Express Mail [] Reglste~d [] Retum Receipt for Memhaedise [] Insured Mail [] C.O.D. []Yes 4. Restrlct ed Daiiver~? {Ex~a Fa)) 7006 2150 0004 2218 5461 PS Form 3811, February 2004 , Domestic Return Recaipt 1o2ss5~2,4~-154o r 88/83/2889 l§:3G G317559064 ZONINGBDOFAPPEALS PAGE 06/06 ZONING BOARD OF APPEALS · TOWN OF $OUTHOLD:NEW YORK In the Matter of the Application of (Nudge of Applrcant) AFFIDAVIT: OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as COUNTY OF SUFFOLK) STATE OF NEW YORK) .X 6~'u-$~ ~ ~.~ ~'~' , New York, being duly sworn, depose al3d say'that: On the I ~' day of /~v.~u~ ~ ,200 ?1 personally placed the Town's official Poster, with the date of hearing and nature of my application. '. noted thereon, Se~curely upon my property, located ten'(lO) 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 placo for sey.en days prior to th'e date of ~he subject hearing da~sh°wr~ to be SwOrn to before me this .¢-r~ daY of/:"-~'-,~.~"77i200~. (Notary public) PST~R R. MC~IIiSVY NOTARY PUBLIC-STATE OF NEW YORK No. 02MC~151514 Qualified In Suffolk County .My Commission Expire~ Augur!'01, 2009 *near the entrance or driveway entrance of my properly, as the area most visible to. passersby. oFFIcE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youugs Ave. Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Soulhold, NY 119,'kl,. Telephone: 631 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTItOLD To: From: .Date: Re: Jim King, President Town of Southold Board of Trustees Mark Terry, LW1),P Coordinator Scott A. Hilary, LWRP Coordinator April 8, 2009 APR 2 2 2009 Chapter 268, WATERFKONT CONSISTENCY RI~:VIEW Wetland Permil for KELLY MYERS SCTM# 115-12-23.2 Pecon, i¢ permit Expediting on behalf of KELLY MYERS requests a Wetland Permit to construct a 633 sq.fi, deck at the rear of the dwelling. Located: 1730 Deep Hole Dr., Mattituck. SCTM#115-12-23.2 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 depeStmcnt, as well as-the records available to us, it is our recommendation that .the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the SouthoM Town Board of Trustees laws and regulations for all Andros Patent and other lands Under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. § 275-3 Findings; purpose; jurisdiction; setbacks. D. Setbacks. The following mmimum setbacks apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trusteq~: - (a) Wetlandboundary. [1] Residence: lOOfee~ The distance from the Wetland. boundary to the proposed 'action (633 sq. ft deck) is feet~ a' minimum setback distance of 100 feet from the wetland bounda.~ is Chapter 275-3. Findines: ourpose; iurisdiction;.setbacks. Please r~uire t"ha, the application to meet the above pohcy to the greatest extent practicable. If the a~encw Board of Trustees m~k~ a Contrar~ determination of consistency, the a~enc¥ shall e~aborate in writing the bnsjs for its disaRr~ement with. their recommendations Pursuant to Chapter 268 Waterfront Consistenev Review. § 268-5. Review of actions. In the event the LWRP Coordinator's recommendation is that .the action is inconsistent with the £Y~Rt', and the agency makes a contrary determination of consistency, the agency shall elaborate in Writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP poliCy standards. Pursuant to Chapter 268, the Board of Trustees shall consider this r~ommendation in preparing sts wratten determination regarding the consnstency of the proposed action. APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 August 17, 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. #6330 (amendment to # 6306) Myers, Kelly Dear Mark: We have received an application for additions and alterations to existing structure. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, were submitted to you on May 7, 2009. Your written evaluation with recommendations for this proposal, as required under the Code procedi~res of LWRP Section 268-5D is requested by August 25, 2009. Thank you. Very truly yours, Gerard P. Goehringer Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http;//southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 September 2, 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 # 6330 Owner:Myers, Kelly Action Requested: Proposed deck addition/bulkhead setback. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ~ ( ) Boundary of Agricultural District ' ( ) Boundary of any Village or Town 1 If any other information is needed, please do not hesitate to call us. Thank you. Encls. Very truly yours, Gerard P. Goehringer By: ~'-"~r~"' v -