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HomeMy WebLinkAbout6243 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 SOUTItOLD RECEIVED 2009 Tel. (631) 765-1809 Fax (631) 765-9064 Soul;hold ?own Clerk FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF APRIL 14, 2009 ZBA Files # 6281 and # 6243 - KEVIN B. and JEANINE FAGA, Applicants PROPERTY LOCATION: 12580 Main Road, East Marion CTM 1000-31-14-8.2 PUBLIC HEARINGS: February 19, 2009 and March 19, 2009 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 a reply dated March 17, 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 subject property is a 17,532.58 square foot parcel measuring 142.69 feet on the east, 120.86 feet along Orient Harbor on the south, 138.29 (44.62 feet + 93.87) feet on the west, and 103.35 feet on the north. The lot is improved with a single family house and three sheds, as shown by a survey prepared by Jeffrey T. Butler, P.E. dated June 19, 2008. Page 2-April 14, 2009 ZBA #6281 and #6243- K. and J. FAGA, Applicants CTM 1000-31-14-8.2 BASIS OF APPLICATION: Requests for Variances under Sections 280-124 and 280-116B, based on the Building Inspector's February 23, 2009 amended Notice of Disapproval concerning proposed additions and alterations to the existing single- family dwelling at less than the code-required minimum of 10 feet on a single side yard and less than 75 feet from the existing bulkhead adjacent to Orient Harbor. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 19, 2009 and March 19, 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: LWRP DETERMINATION: A letter was received on February 6, 2009 from the Town LWRP Coordinator recommending the proposed action to be inconsistent under Chapter 268, Waterfront Consistency Review of the Southold Code and LWRP standards. The reason stated for this inconsistency is that the building is set back is less than 75 from the bulkhead. Consistency with the LWRP policies will be improved by removing part of the house closest to the bulkhead to increase the setback from 19.1 feet to 25.5 feet, which will be the same setback of the proposed addition. The ZBA proposes that a 10 foot non-turf buffer along the bulkhead be required in accordance with the LWRP recommendation. AREA VARIANCE RELIEF REQUESTED: The applicant requests variances to allow a setback from the bulkhead of 21.5 feet and 25.5 feet at its closest points, and to allow westerly side yard setback of 9.2 (and 9.5 feet). AMENDED APPLICATION and ADDITIONAL INFORMATION: By letter dated February 23, 2009, an amended application and 2-19-09 revised site map prepared by Jeffrey T. Butler, P.E. were submitted on February 23, 2009 in which the setback to the bulkhead proposed in the original application was increased from 22.4 feet to 25.5 feet for the proposed second-floor porch and increased to 30.6 feet fo~ the proposed two-stow (18' x 16') addition, covered entry porch, and alterations shown Page 3 - April 14, 2009 ZBA #6281 and #6243 - K. and J. FAGA, Applicants CTM 1000-31-14-8.2 thereon. The amended application also includes a request for a reduction of the west Side setback from the code-required minimum of 10 feet to 9.5 and 9.2 feet. Also, the applicants are raising the house eight (8) inches to meet the minimum elevations under FEMA regulations and filling within the basement. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law Section 267-b(3)(b)(1). Grant of the variance relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The minimum setback of the existing house will be increased from 19.1 feet to 21.5 feet. The proposed second-floor porch addition will be set back 25.5 feet from the bulkhead and the proposed two-story addition at 30.6 feet. The decrease in the side setback from 10 feet to 9.3 feet will be a result of squaring off th~ existing one-story wing of the house pursuant to removal of a portion of that section of the house. 2. Town Law Section 267-b(3)(b)(2). The benefit of an increase in living space cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing house is in a nonconforming location. An addition on any side of the house would also require variances. 3. Town Law Section 267-b(3)(b)(3). The proposed variance with respect to setback from the bulkhead is substantial, but not with respect to the existing house, which is closer to the bulkhead than is the addition. The variance for a side yard setback will be 7 percent. 4. Town Law Section 267-b(3)(b)(5). The difficulty has not been self created. It is a consequence of the original dwelling having been constructed closer to the bulkhead than subsequent amendments to the code permitted. Page 4-April 14, 2009 ZBA #6281 and #6243 - K. and J. FAGA, Applicants CTM 1000'31' 14'8.2 5. Town Law Section 267-b(3)Co)(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. 6. Town Law Section 267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the additions and alterations to the dwelling, 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 tl~e balancing test under New York Town Law 267-B, a motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, subject to the following CONDITIONS: 1. There shall be a minimum non-turf, vegetated buffer 10 foot landward of the bulkhead; and 2. Gutters and drywells shall be installed to contain roof run-off; and 3. If any of the original foundation has to be replaced or repaired, it must conform to the dimensions of the site plan given to ZBA. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applibant'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, Page 5 - April 14, 2009 ZBA ~4~281 and #6243 - K. and J. FAGA, Applicants CTM 1000-31-14'8.2 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: Aye~rs ~ehri~'~er (Ch~a~, Oliva, Simon, Weisman, //-~¢ ? /2009 Approved for Fili~(g Page 5 - April 14, 2009 ZBA~6281 and #6243 - K. and.J. FAGA, Applicants CTM 1000~31'14-8.2 setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de wlnimis in nature for an alteration that does not increase the degree of nonconformity. Simon, Weisman, Vote oft he Board: Aye~rs ~ehri~a]~' Oliva, and Schneider. Thi~l~s°l~~~~/~ ? ~2009 Approved for Filldg Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http:Hsoutholdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 April28,2009 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Mr. Jeffrey T. Butler, P.E.P.C. P.O. Box 634 Shoreham, NY 11786 Re: ZBA File No. 6281 and~6~243'-~ariances (Faga Premises) Dear Mr. Butler: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the April 14, 2009 Meeting. Before commencing construction activities, other agency approval(s) would be necessary. Please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. Thank you. Very truly yours, Linda Kowalski FORM NO. 3 NOTICE OF DISAPPROVAL DATE: October 23, 2008 Revised: February 23, 2009 TO: Jeffrey T. Butler, PE For Kevin B. & Jeanine Faga 206 Lincoln Street Riverhead. NY 11901 Please take notice that your application dated September 29, 2008 For permit to construct additions and alterations to an existing single family dwelling at: Location of property: 12632 Route 25, East Marion County Tax Map No. 1000 - Section 31 Block 14_ Lot 8.2 Is retumed herewith and disapproved on the following grounds: The proposed additions and alterations to this existing single family dwelling, in the Residential R-40 District is not permitted pursuant to Article XXII Section 280-116 (B), which statesl All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead. Proposed addition shows a setback from the bulkhead of 25.5 feet. Additionally, pursuant to Article XXIII Section 280-124, non-conforming lots, measuring less than 20,000 square feet in tOtal size, require a minimum side yard setback of 10 feet, the proposed addition is shown at 9.2 feet. This Notice of DiSapproval was Written based on site plan prepared by Jeffrey T. Butler~ PEt dated 6/19/08 last revised 2/19/09, Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL Jcl]fey T. Butler, PE For Kevin B. & Jcanine Faga 206 Lincoln Street Rivcrhcad, NY 11901 DATE: October 23, 20 Please take notice that your application dated Septcmber 29, 2008 For permit to coostruct additions and alterations to an existing single family dwelling at: Location of property: 12632 Route 25, East Marion ('ounty Tax Map No. 1000 - Section 3~1 Block 1_4 Lot 8.~2 Is returned hcrewith aod disapproved on the tbllowing grounds: '1)!~ p[gposcd additions and alterations to this existing single thmily dwelling, in the Residential R-40 District is not permitted pursuant to Article XXI[ Section 280-116 (B), which states; All buildiqgs or structures located on lots upon which a bulkhcad, concrete wall, [i.prap or similar structurc exists and which are adjacent to tidal watcr bodies other Ihan sounds shall be set back not less than 75 feet from thc bulkhead. Proposed addition shows a setback from the bulkhead of 22.4 feet. This Notice of Disapproval was written based on site plan prepared by Jeffrey T. Buller~ PE~ dated 6/19/08. Authorized Signature Notc to Applicant: Any change or deviation to the above referenced application, may l-cquirc lBrther review by thc Sou/hold Town Building DepartmenL CC: tile, Z.B.A. LINE / S¥i'4DOL SITE: t:PLAN I L I TEST HOLE DATA AD, t~R. EVlATI ONS LOGATION f'dAP: PROPOBEI? BITE PLAN: flSAFE DIG Before You Dig, DfiI Or B/Il ZONING INFORMATION: RESIDENTIAL DISTRICT (R 40~: LOT AREA: PA©E: 1 oF I LINE / SYh4B( 20 iD O ®P-.APHIC, 9C.ALE ,EN~ UTILIT'f POLE TECT HOLE DATA (TEgT HOLE POE, Dr', HcDONALD GE05GIEHGE ON JUNE 26, 200b) AREA COVERAGE CHART: EXISTIN~ AREA, PIt,ST PLOOR 1,14D SOt.FT. '~D.44 5~.PT, =~25.00 SOl.PT. ~2.00 SOl.PT. I~D.44 SOl.PT. SECOI~"PL~OR 4q6 4~,,00 5GLPT. AREA TO BE REMOVED, t25.00 8,OI.FT. D2.00 SOl.PT. :~11 I,.SCl SGLFT. AREA TO REHAIN, I/2b~,&2 .~.~T. 'f~.44 Sol.P'r. 1,18,2.O8, ~.PT. I,O88.8,2 SOl.PT. PROPOSED PIRST PLOOR SECOND FLOOR SOl.FT. 25.OO ~.FT, 8,00 ;~1OO2.5q ~.F:T, 288.OO SGLPT. 2~'8,'.O SOl,PT. 521.U2Ex2.PT. TIE = 202.58; ..% '/ I S,O.T.H. LOT No, 00,¢,.I HUKILL I I EXISTI~ E~JILDIN~ C, OVEf:~A~E, 1,2.1~.44 c'~2.FT. / ±1"/,5~2.58 ~.PT. = pf~DPOSE[D DUILOIN~ COVE~E (INCLUDIN~ pP42p~Eo LIVIN~ I,,58,4.~2 SOl.PT (EXISTINE0 + ,~8,O.-/2 SGLFT. (PF~2PO~EO) = 2445J~1- 5dLFT. (TOTAL) S ~8'44'OO" E ABBREVIATION& 2O DV --- OALVANIZEP MET --- METAL NON TURF DUFFER EXISTIN¢ HOOD ~JLKHEAD__ \ STEPS ~V P. AILI (E~¥ OP, INER OP LOT ~.1.) \ // PF~2POSED ,., pt~.OPO~EO (~) 2 STORY ~ ADDITION I EL. II.Tf' I EXISTIN¢ 2 .5TORT RESIDENCE (4 BEDI~OI'4) (1'O BE ALTEf~EO) EL. II.T/' EXISTIN~ I STORY' P,V pOI:~,H ABOVE (EL. II.T/') ~4~DOD SHED ROOF OVE~HAN~ ~E REMOVED --'BUILDIN¢ AREA DE REMOVED pI:~.OPO~EO LEAC'HIN¢ POOL (I) 5'¢ ,< 4' DEEP FOR RAIN HATER P,t/NOFF ! X EXISTIN¢ % FRAHE SHED~ ~.... TO DE ,' '. 44.8,2' EXIDTIN¢ STOCKADE FENCE MALL LOCATION MAP: PROPOStEE) SITE PLAN= SITUATE AT, TO~IN DP ~-~2UTHOLD ~FPOLK COUNTY, NEN 'lOP. K. .GOTH f',~2., 1000-~1-14-0008.2 ZONIN¢ DISTRIC, T* RE-'~IDENTI/kL- SITE 12D,DO MAIN f~OAD EAST MARION, NY IlClDq si'rE DATA, EXISTINg, AREA DP SITE, ±I'I~2.5,SS.F. (0.40~A~,.) N.C. C.A CU TION= SEE AREA COVERAge CHAleT MAP HO. 8Sl5C, OO8,4~ - AE ~ (14¢VD ICi2q) KE~/IN 12&52 HAIN EAST MARION, NY' IIqDq D__G_G ~ Yo-'~ig, Drill Or Blast! ZONING INFORMATION: RESIDENTIAL DISTRICT (R-40): LOT AREA: MINIMUM ALLOWED: 40,000 SQ.FT. PROVIDED: :1:17,532.58 SQ.FT, LOT WIDTH: MINIMUM ALLOWED: 150' PROVIDED: 103.35' LOT DEPTH: MINIMUM ALLOWED: 175' PROVIDED: 14-2.69' YARD REQUIREMENTS: MINIMUM FRONT SETBACK: 35' PROVIDED: 91'-0' MINIMUM SIDE YARD SETBACK: 10' PROVIDED: 9'-3" CUMULATIVE SIDE YARD SETBACKS: 25' PROVIDED: 65'-6' MINIMUM REAR Sb. lt:~ACK: PROVIDED: 35'-7" UVIN6 (FLOOR) AREA: MINIMUM REQUIRED: 850 SO.FT. EXISTING: 1ST: 1,088.62 SQ. FT. PROPOSED: TOTAL: 2ND: 496 SO. FT. 1ST: 288 SQ. FT. 2ND: 559.4-1 SQ. FI' 2,400.34 SQ. FT. LOT COVERAGE: MAX. ALLOWED: 20% EXISTING: 7.26% PROPOSED: 12.98% BUll_DING HEIGHT: MAX. ALLOWED: 35' EXlSTIN(~: 24'-0" PROPOSED: 28'-0" NUMBER OF STORIES: MAX. ALLOWED: 2.5 EXISTING: 2.0 PROPOSED: 2.0 II1%, I- PAGE: off II II II F:::'~Of:::'OSED t~EA~ ELE",.,"ATION m P~OPOSED F~ONT ELEVATION /~~ OWN ER SEAS. RES. LAND Tillable Woodland Meadowlond VL SOUTHOLD TOTAL FARM DATE VILLAGE E W CArD DIST. I SUB. LOT .~ ACR. TYPE OF BUILDING FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD Totol House Plot REMARKS COMM. CB. MICS. Mkt. Value M B~dg. Extension T Bath 4 Floors APPLICATIO~O THE SOUTHOLD TOWN BOAI~OF APPEALS For Office Use Only Office Notes: Parcel House No. Street SCTM 1000 Section~ ] Blockj_t~_Lot(s)~ I (WE) APPEAL THE ~TTEN DETE~INATION OF T~ B~LDING INSPECTOR DATED: Applicant/Owner(s): Mailing Address: Telephone: 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: Authorized Representative: ~/~.J~ ~/~b{7-~:f~ for (x~ Owner, or ( )Other: Please check box to specify w~ho/you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s) /~uthorized 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 [3Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. Article X.~ r_'/" Section 280- ~[ ~ Subsection ~-) Type of Appeal. An Appeal is made for: AA Variance to the Zoning Code or Zoning Map. 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~a~ea~as not been made with respect to this property UNDER Appeal No!_~.~ea~ ~lease be sure to research before completing this question or call our office to assist you.). ' ' ' Name of Applicant: CTM g ~ - ZBA le # REASONS FOR APPEAL (additional sheets tna~ be used with preparer's signaturel: .... AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of ~he neighborh~-o~l detriment to nearby properties if gran~ted, because: .......... [~1 ~ne nenem sought oy tne applicant CANNOT be acnievell by some methoo f~asible ~or me applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (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? ( )Yes, or ~No. Are there Covenants and Restrictions concerning this land: X~No. [] Yes (~lease furnish co~v). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please b~~tyou~to~ Signature of Appellant or Authorized Agent ~'7 '~ (Agent must submit written Authorization from Owner) Sworn~tp b~fore this APPLICANT'S PROJECT DESCRIPTION (Fol ZBA Refc~encc) For I)enmlilion of Existing Building Areas . Ph'asc dcsc,'ibe areas being removed: II. New Cnnstruction Areas (New Dwelling or New Additions/Extensions): Dimensions ol. ~rst floor cxtensmn'. ~. _~, ~ //~ Z/~/~ _~ , , ,/ '~ I)imcnsions of floor above second leveh ~/~ e - Ileigbt (fi'om finished gronnd tn top of ridge): ~ ' 7 ~' Is bascmct~t or lowest floor area being constructed? If yes, please provide height (above gn-ound) measured l)'om natural cxisling gq'adc to firsl floor: ~/~ . ~ 111. I ~ scd(.4nst~uct' ~Descr It ~(AIte~atonsorStructuraIChanges) {allach CXtla short il Ilcccssaly) - Please describe building aleas: Number of l'loors m~d General Cbaractcrislics ItIiFORE Alterations: iV ('alcnlafions of buihling areas and Ioi coverage (frmn surveyor): J L'ICCi/Ia~c .... t)} COVC' ~C ( y k ' )V tll]dlllU area'._ VI ['lease describe Ihe land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it rclalestolhedifficultyinmeclingthe¢oderequiremenl(s): ~..... Please sul}mil seven (7) i)holos, lal)eh'd t{} sho~ different angles of yard areas after slakil~g corm'rs l'Ol- IIt'~* cons(l'llt.'{illll}, alld pholos 1}1' Imihling area ta be altered ~i(ll yard view. ,,., FOR Fll ~ING WITH YOUR Z.B.A. APPLICATION ~ ' ~ Is the subj,ect/premises listed on the real estate market for sale? []Yes ~18~o I ~l, ._ ..,, .~. B. ~ there any proposals to change or alter land contours? ~i~o [] Yes, please explain on attached sheet. C. 1) Are there areas that contain sand or wetland grasses? c~~ 2) Are these areas shown on the map submitted with this application? ~/~ - 3) Is the property bulkheaded bet.ween~the wetlands area and the upland building area? 4) If your property contains we~tla~d~ or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? X~t~ Please confirm status of your inquiry or application wi~theT'~ and if issued, ple~'aftach cop~t with condifio'ns and approved map. D. Is there a depress~n c,r~0'~ng elev. aJ~,on near the area of proposed construction at or below five feet above mean sea level? /4/O E. Are there any patios, concrete barriers, bulkheads or fenc, esr~t exist and are not shown on the survey map that you are submitting? .,/l/t..,' (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? /~D If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at th_is parcel ~ ~9/~; --- ~ __ and proposed use ,.~ '~lAd"///' ~-~/v/)O~'l/,4 / ~e.,,~a~ple~ e.'C~tt~ng: Cmgle-~-cnJi4y; proposed:, same with ~a;a~/.~r-pool, or other des~ri-pt~n.) Authorized Signature and Date 2/05; 1/07 I ~WRP (ONSIS FEN£.Y ASSESSMI~N I I~ ORM /~11 alqfliuan/s lbr pcrmils* inch[ding Town of Soulhold agencies, actions thai are subject to thc l'own of Sou/hold Wa)ertl'on) Consislcr~cy Review law ;I~;XUNXmcHt iS i;llcndcd to supplement other inl~mnation used by a Towu of S(mlhold u~(,,n~s I~clinc an:swc~ing thc quest>oas ill Section C, tile preparer of this lbrm should ruvi[tv, Ilu_ min.r aclhm list, policies and explanations of each policy contained in thc Town ~q' Y;otuh.hl ~: Walcrl~ont Revitalization Program. A proposed action willie 9~iA[ttatcd as h) >tx ?;[7511[] :Iii hum:licial a!~t[ ~lvcrsc cl'lbcls[!pon the coastal area.(which includes all ol'Sotflhob.~ !l any qucsti(m in ~cction C Ol7 this form is answered "yes" or "no", then thc ]m)lXmCd alii_tGI thc achievement of thc LWP, P policy standm'ds and conditions conlaincd it/ Ibc review law. Thus~ each answer ~nust be explained in detail~ listing, both snpl.Lmq~_t.g L[?!. :~? supporting facts. 11' an action cannot be certified ~ consistent with the LWRP policy cC>mi>ti)mx, it shall not be undertaken. /\ c~)l~5' o1' tl~c I,WRP is available m the lbllowil~g [>laces: online at Iht '['own wchsilc {s~mflufldlo~vt~,northlbrlc.t~ct), the Board olTTrustees Office, thc Pk n h}cul lihrarics and thc 'l'oxwt Clerk's oflScc. Db;Si :l~:ll"l'lliN ()F SITE ANI) IqIOPOSEI) ACTION ,,, ,, lqAivalmn has been submitted tit (check appropriate response): ~h, , ~ Iii~l Iq:mningBoard[~ Building Dept. [] BoardofTrustees F~/''' ', ':}lc!,,{>l'y {fl"l'~>wn el'Sou)hold agency action (check appropriate response): Acli<m tmdcrlakcn directly by Town agency (c.g. capital collstl itel ioll, pkmning activity, agency regulation, land transaction) I"iu;mcial assistrmcc (e.g. grant, loan, subsidy) ~l,l~)tmaiion ~hall be provided: (c) I~lcphoucnumbcr:AreaCode( )~ 7:) / ~,~ ...... ..2 .~-.,~? ....... APplication nulnbcr ii'any: ................. \,,V)II thc ucli(m I)c di]cclly undertaken, require fi_mding, or approval by a slalc or IEdera[ agency'/ i,'~'ahmlc the project to thc following policies by analyziog how ~.he project will I'urthcr Snl}pma w' ~ ,I :optmri the pul]tics. Prnvide all proposed Best Management Practices tha~ will fnrlhev each pc~!)~i,,?~ ,, ~,agA[~lc :mswcrs will require that the form be returned for compleliou. :, ~G AHq,;t) ,['()AST I OLI(¥ Fosler a paltern of development in the Towll of Southohl that enhances community open space, makes efficient use of infrastructure~ makes bcncficial usc of a coa~;lal h~calioa~ adverse cf feets of development. See LWRP Section III - Policies; Page 2 for evaluafim] 2. Protccl and prcncrvc historic and archaeological resources of the Town of Soulhold, ;%: , i,:l; Scclion I I I Policies Pages 3 through 6 for evaluation criteria j ] ?cs [ ~ No I~:t~ Not Applicable ~/i~lt~l] (Itlaliliy alld protect SC¢lliC i'esotll'CCS thl'Ollgholld lhe ~'(}TVll o[' ~tIi~I~I[CJ "~' Policies Pa~cs 6 through 7 for cwfluation criteria ,'. ~' ~, '2~, :~ ~ (:(lAST I ()IA(ILS .~,. IVtinimizc loss of Iii'e, slructurcs, and natural resources from flooding ami crosioa. ;' . ,~>~ ~[ Policies Pages S Ihrough 16 for cvahmtion criteria , I :~cs No Not Apl~licable · ~: .L i}rolcrtamlimpruvcwatcrqualityamlsupplyiutheTowuufSouthold. Secl~WRPSccfic:~ q.Ji:3qs ~'agcs 16 Ihrough 2 1 for cwduation criteria / and restore thc qualily and function of thc Town of Southohl ecosystems i.elm~iis~ Fish and Wildlife llabitals and wetlands. See LWRP Section III - Policies; I}a~,c:; ~ .... :; No Nol AplO~ble ;iud improve air (inalily in the Town of Southold. Nee LWRP ' ' I~ ' ' ' for evahmlion crileria. · 5. I¥1ioimizc environmental degradation in Town of Southoht from solid wasl[e ;md l~aLai'r] [!y; , :~:,~cs '.lnd wa.sics. Ncc LWRP Section Iii-Policies; Pages 34 through 38 fin' c'valtmfilm crime;% ' ; i,i~'I't}ANTI()LI(ILS Pcovidc for lmblic access to, and recreational use of, coastal waters, public lands, and Town of Southold. See I~WRP Section II1 - Policies; Pages 38 fln'ough 46 liw / So~llhohl's watcr~dcpcudcnt uses and promote siting of new watel'-dcpcndesH m.::~: Ncc l ~WRP Scctiun III - Policies; Pages 47 |brough 56 for evtthmtion m'ileria. / 1~. th'omolc sustainable usc o1' living marine resources in Long islam] ;md ']hm, n w;~lcrs. Ncc i,~RI Section Ill-Policies; Pages 57 throngh 62 l~rolcrl agricultural lands in the Town of Soulhohl. See LWRP Section iL Ih-uumtc al)prol)riatc use and development of energy and mineral ~tl Policies; Pages 65 through 68 for evaluation criteria. 151 ' Not Al)l)licablc ~ ,~ACTIONAL DISCLOSURE FORM ; TO OWNER, CONTRACT VENDEES) AGENT: The Town of Southold's Code af~-~' , .- ..... m~cs pronmits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessaD, to avoid same. (Last name, fi~t name, middle initial, unless you are applying irt the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Special Exception *Other Approval or Exemption ...~ ~/_.~ from plat or official map Ch g fZ 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? 'Relationshi-" includes b blood mama e or business interest. "Business interest" means a bus/ness includm a ~ment b~sL~q~)oration in which tim Town officer or em lo ce o'wns~nore than 5% of Xhe~ ~tmres YES NO if you answered "YIzW', complete the balance of this fi~rm atld date altd xigtl }5'here indicated Name of persou employed by the Town of Southold: Title or position of that pmson: ....... ___ _ __ Desclibe that relationship between yourself (the applicanh agent or contract vendee) and the Town officer or employee. Either check the approp~sate line A tb2'ough D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her, spouse, sibling, parent, or child is (check all that apply): A) the owneI of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); ~ B) lhe legal or beneficial Owner of any interest m a non-co~T~orate entity (when the applicant is not a corporation); C) an officer, director, partoer, or employee of the applicant: or D) the actual applicant. DESCRIPTION OF RELATIONSHJI~ Submitted this ,,~7 day of '~,~d~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765~1802 FAX: (631) 765-9502 Southold'FowmNorthFork-n~t Exmnin~d__ 20 Approved _,20 Disapproved Expiration ,20 BUILDING PERMiI~PPLICATION CHECKLIST ~~_~,~ -~i Do you hay ~':e.d the following, before applying? / ..... ~,~ ' ~ B~ of Health ~ ~ ~ ~. . , 4se~ofBuildingPl~s ~ Pla~ing Board approval PE~IT ~, Ch~k ~ NY.S.D.E.C. · -~ ;~ ~ ~ ~ff ~0 [~ , Storm-WaterAssessmentFo~. OF SO OLO I Building l~ctor / ZL 5 APPLICATION FOR BUILDING PERMIT Date '~-a~'. INSTRUCTIONS '-' ~/ ' a. This applicaliou MUST be completely filled in by typewriter or in i~ ~d submiRcd to the ~uilding lnspcmor ~h 4 sds of plans, accurate plm pl~ ~o sclc. Fcc ac~rding ~o schedule. b PIm plan showing location of lot ~d of buildin~ on premiss, relationship to adjoining premiscs c. The work covered by ~is application may not ~ co~enced ~fore issu~ of Building Pemfit. d. Upon approv~ of this application, ~ Building Inspector will issue a Building Pe~it to the applic~t. Such a pemftt shall bc kept on the premises available for i~ction ~mu~out the wo~ e. No budding shall be ~cupied or ~ed in whole or in pm for ~y p~se what so ever until the Building Inspector issues a Ceaificatc of Occupancy. propeay have been enacted in the inter~, ~e Building l~pector may authorize, in w~fing, the exlension of the permit for addition six monfiis. Thereafter, a new pe~il shall ~ requ~d. APPLICATION IS HEREBY MADE to the Building ~p~ent for ~e iss~ of a Building Pe~it pursumlt to Building Zone Ordinmlce of the Town of Son, old, Suffolk Count, New Yo~ ~d o~er applicable Laws, Ordin~ces or Regulations, for the construction of buildings, additions, or ~temtions or for remov~ or demolition ~ herein described. The applicant agrees to comply with all applicable laws, ordinals, building ~de, housing ~d~, ~d regulations, ~d to admit (Mailing addre~ of applit~t) /ifa/ State whether applicant is owner, lessee, ~ent, architect, engin~r, general conff~tor, electrician, plumbor or builder N~mc or ow,c,- or premises IJittA ./n nrz 4. - (As~n the ~x roll or latest deed) '- (Ni~;~f~g. orate officer~ ltuilde, s I.iccnse No._ ___ Plumbcrb Liccn~c No, Electricians License No.~ Ott er l'rade s l.icense No.~ I. t.ocation of land on which pro~sed work will be done: , Ilouse Number Street t ltamlet ff County Tax Map No. 1000 Section O31 Block IH Subdivision Filed Map No. / t q3q Lol 00 . ?_ Lot 5. I f dwelling, number of dwelling units_ If garage, number of cars State existin use and occupancy of premises %nd ~tend,ed use and occupancy of proposed constructi°n: a. Existing use and occupancy _ b. lntended use and occupancy_ Nature of work (check which applicab e) New Building Addition_ / Alteration Repair_ __ Removal Demolition Other Work Estimated Cos[ ~;>~OOt 000 Fee I (Description) (To be paid on filing this application) Number of dwelling units on each tloor ~ 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_ '~q, ~Z-~ __Depth Height ~,,~ ~ Number of Stories Dimensions of sarape structure with alterations or, additions: Front /"~5', 2. ~ Rear Depth .~ ~ Height 2.~ Number of Stories 8. Dimensions of entire new construction: Front ~ ~A Rear Depth Height Number of Storie~. 9. Size oflot: Front I0~' Rear {~t~}1 Depth_ ltl. Date of Purchase_ .2.~O(:~ Name of Former Owner l I. Zone or use district in which premises are situated. ~-/~ O 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~ NO 13. Will lot be re-graded? YES ~ NO Will excess fill be removed from premises? YES ~NO 14. Names of Owner of premises ~l/{,~/~,'~ Addres~ Name of Architect~ Addres~Phone Name of Contractor "r'~ ' Address ~.~.~,o~a,., Phone No. _ 15 a. Is this property within t00 feet of a tidal wetland or a freshwater wetland? *YES_ _.V~_~ NO ~ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES ~ NO * IF YES, I).E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. I 8. Are there any covenants m~d restrictions with respect to this property'? * YES NO V~ * IF YES, PROVIDE A COPY~ SFATE OF NEW YORK) ' SS: (.(,[JN I'Y _Z~"~i~_.-/',.~_.~4~ d, ~r~ being duly sworn, deposes ~d says that Is)be is fl)e applicant INane of individual signing con,act) a~ve n~ed, is toe ~-- ' - ~ontractor, Agora, Co~orate Officer, etc) of said owner or owners, m~d is duly authorized to ped6~ or have performed the said work and to m~e and file this application; that all statements contained in this application are due to ~e best of his ~owledge m~d belief; and that flxe wmk will be perfi)rmed in tbe rammer set forth in the application filed therewith. Sworn to before me this~" ~ ..... b/ ~ Nota~Public.Sta~N~Y;~ ~ .... - No 01106190696 ~]gnature olAppucant Notary Public Qualified in Suffolk County Commission Expires July 28, 20 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEP~TMENT Office of the Building Inspe~to To%~ Hall Southold, N.Y. CERTIFICATE OF OCCUP~N~ NO: Z- 32413 Date: 06/19/07 ~{IS C~TIFIHS tt~at the building DWELLING Locat±on of Property 12632 ~IN RD (HOUSE NO,) (STREET) (HAMLET) County Tax Map NO. 473889 Section 0131 Block 0014 I~t 008.002 S~ivision Filed Map No. __ I~Dt No. __ conforms su~sta~tially to the Requirements for a ONE FAJ~ILY DWELLING built prior to APRIL 9, 1957 pursuant to which C]~RTIFICA~]E OF OCCN3PANC"f NI~ER Z- 32413 dated JI~E 19, 2007 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE F~ILY DWELLING WITH 2 ACCESSORY STOPJtGE SHEDS* EAST MI~RION ]~he certificate is issued to MARY H DIAZ of the aforesaid building. (OWNER) PLIIMBFJ~S CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. N/A N/A N/A /uth/rize Signature Rev. 1/81 BUI LDINC; DEPARTMENT TOWN 0F BOUTHOLD ~{OUSING CODE INSPECTION REPORT EAST MARIDN TONY DIAZ 6/5/07 DATE: 06/19/07 ACCESSORY STRUCT~RES~ VIOLA?IONS~ CHAPTER 45 N Y. STATE U~IFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART, SEC. EAST MARION, TOWN OF SOUTHOLD *~*r .... ?~';? S£ SUFFOLK COUNTY, N.Y, o* AUTHORIZATION (where the applicant is not the owner) (print owner of property) residing at J~:5> ('.d~ ;~4z.r~ (mailing address) ~,,~)AJx2, A,], ~. /~'/ do hereby authorize (Agent) 'x.7~i~t~J7 jQ, ,~7-~_-~t ~', to apply for pennit(s) fromthe Southold Boar..d.,~Tmstees on my behalf. (,./~vn~r!a s~'~gnatnre) 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.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville October 30, 2008 Zoning Appeal No. 6243 Transmitted herewith is Zoning Appeals No. 6243 of Jeffrey T. Butler~ PE for Kevin B. & Jeanine Faga- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, LWRP Consistency Assessment Form, Transactional Disclosure Form, Notice of Disapproval from Building Department Dated October 23, 2008, Copy of Building Permit Dated September 29, 2008, Pre-Existing Certificate of Occupancy for One Family Dwelling with 2 Accessory Storage Sheds Dated 6/19/07 with Survey (3 pages all together), Authorization Letter from Kevin Faga to Jeffrey T. Butler, P.E. to Represent them in this Matter, 3 Pages of Photos Showing Property as it Exists, Copy of Property Record Card (2 pages), Copy of Survey Showing Existing & Proposed Construction Dated June 19, 2008 Prepared by Jeffrey T. Butler, P.E., P.C., Copy of Proposed Elevations Prepared by Jeffrey T. Butler, P.E., Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 10/30/08 * * * RECEIPT * * * Receipt: 30246 Transaction(s): 1 Application Fees Reference Subtotal 6243 $600.00 Check#: 6243 Total Paid: $600.00 Name: Butler, Jeffery 20 Overhill Rd, P 0 Box 634 Shoreham, NY 11786 Clerk ID: CAROLH Internal ID: 6243 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 10/29/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED FAGA, Kevin B. & 1603 $600.00 6243 Jeanine . ~, ~-, ~ ~ $6OO.OO By__ Thank'fou. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK la the Matter of the Application of (lqa~¢~f Applicants) CTM Parcel #1000- AFFIDAVIT OF MAILINGS COUI~rY OF SUFFOLK) STATE OF NEW YORK) New York, being duly sworn, depose and say that: On the_~day of~,_~g~, I personally mailed at the United States Post Office in~, lxlev~ York, by CERTWIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to c ,u~.,ent owngts shown on the current assessment roll verified from the official records on file w~th the ~Assessors, or ( ) County Real Property Office , 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) Sworn to before me this Nota~ Public, ~ ~? No. OIBR61~ou'zu f ~ PLEBE lis~ on ~e back offs ~&dt or on a sh~t of pa~r ~e lot nmbers omer nines ~d M~ses for which notices were mail~. ~ you. 7 A L · ~ $5.~ ~ ' t p' [s~tro Maria Xefos i m ~t,~: P.O. Box 413 East M~ion, NY 11939 ~ SCTM 1000-31-14-7 USE ~ $5. Willi~ Cla~on 12832 Route 25 East M~on, NY 11939 SCTM 1000-31-14-15 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) O Total postaae & Fees $5. ~{¢) 113 r'- |so,,~o William Hukill r~ t~tr'~t: 1770 Stars Road P- [ ........ East Marion, NY 11939 SCTM 1000-31-14-8.1c~ st, so that we can tatum the c~d to YOu. · Attach this card to the back of the mn4Pisce, or on the font If space permits. 1. A~flcle Addsessed to: William Clayton 12832 Route 25 East Marion, NY 11939 SCTM 1000-31-14-15 2..~e Number 7007 (transit ~mm set, ce t~e0 A. S~mmm D. isdellverja(~;,~dlff~tf/onlEeml? r-I Yes if ~tl~S, entre de#ve~ address below: ri No 3020 0002 6834 0963 item 4 if Restricted Dmiver/,s u~, · · print your name and eddrsSS on the reverse so that we can ratum the card?o you.., ece · Attach th s card to the back ot the mattp , or on the font if space permits. __ 1. Article Addressed to: William Hukill 1770 Stars Road East Marion, NY 11939 SCTM 1000-31-14-8.1 ~. Signature r~ No T3. Se~ce Type ~ ~'1 Insured Mall [] C.O.D. 7007 3020 0002 6834 0754 · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Deliver/is desired. · print your name and address on the reverse so that we can ratum the card to you. · Attach this card to the back of the mailpiece, or on the font if space permits. 1. Adlcte Addressed to: Maria Xefos P.O. Box 413 East Marion, NY 11939 SCTM 1000-31-14-7 A. Signature Is dstive~ address dtffa~ f~om If YES, enter delivery [3. Servioe Type | ~cert~ed Mel~ t '~ .oglste~ ~Re~ Receipt for ~,e t [3 ~.-~.~ ~: '/iq,c'°'°' - - 2. AlttcleNumber 7007 3020 0002 6834 0969 PS Form 3811, Febm~/2004 Oomest~ Return ZONING BOARD OF APPEALS TOWN OF 80UTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING _, New York, being duly sworn, depose and say that: On the ~day ofl~Z~,~, I personally placed the Town's official Poster, with the date of hearing and nature~of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for.__seven days prior to tlYa/ir date of the subject hear/ng date, wh/ch hearing date was shown to be (Signature) S~vom to before me this day ofD ,200cA ' - Notary Public, State of New York NO. 01BR6186025 ~ (Notary Public) ~ ~lalilied in Suffolk Cotmty Commission [zoires Apd128 2012' *near the entrance or driveway entrance of my properly, as the area most visible to passersby. Jeffrey T. Butler, P.E.P.C. Architectural and Engineering Services 206 Lincoln Street Riverhead, NY 11901 Tel: (631) 208-8850 Fax: (631) 727-8033 February 2, 2009 VIA CERTIFIED MAIL RE: Application of Kevin B. and Jeanine Faga #6243 (SCTM 1000-031-14-008.2) To Whom it May Concern: This is to notify you that there will be a public hearing before the Town of Southold Zoning Board of Appeals at Town Hall, 53095 Main Road, Southold, New York on Thursday, February 19, 2009 at 9:50 a.m. Proposed plans and detailed information can be reviewed at the Town of Southold Zoning Board of Appeals office. For your convenience we have enclosed a reduced copy of the proposed site plan. At this meeting, all who choose to speak will be given the opportunity to be heard. This meeting is a major influence on the outcome of this app,lication. If you have any interest in this proposal, we urge you to attend. Very ¢[tl-f yours, Jeffrey T. Butler, P.E. Enclosure Office Location: 'lbwn Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 19, 2009 PUBLIC HEARING Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 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~ FEBRUARY 19~ 2009: 9:50 A.M. KEVlN B. and JEANINE FAGA #6243. Request for a Variance under Section 280- 116B, based on the Building Inspector's October 23, 2008 Notice of Disapproval concerning a proposed additions and alterations to the existing single-family dwelling at less than the code- required minimum of 75 feet from the existing bulkhead adjacent to Orient Harbor, at 12580 Main Road, East Marion; CTM Parcel 1000-31-14-8.2. 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: January 16, 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 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 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 To: Gerard Goehringer, Chair Members of the Zoning Board of Appe~ From: Mark Terry, Principal Planner LWRP Coordinator Date: February 6, 2005/ Coastal Consistency Review for ZBA File Reft No. # 6243 (Faga) SCTM# 1000-31-14-8.2 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 department, as well as the records available to me, it is my recommendation that the proposed action (Proposed two story addition and proposed garage) is INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRPo Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. The distance from the bulkhead to the proposed action is approximately 22.4 feet; a minimum setback distance of I00 feet from the wetland boundary (bulkhead) is required pursuant to Chapter § 280-116. Building setback requirements adjacent to water bodies and wetlands which states: B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 7Sleet from the bulkhead. To further Policy 5, Protect and improve water quality in the Town of Southold and 6.3 Protect and restore tidal and freshwater wetlands it is recommended that the following best management practice (BMP) is required: 1. Require a minimum 10' non-turf, vegetated buffer landward of the bulkhead. Figure 1. Figure 2. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kieran Corcoran, Assistant Town Attomey DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE December 5, 2008 RECEIVED DEC 1 1 2008 ZONING BOARD OF APPEALS THOMAS ISLES, AICP DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Att: Mr. Gerry Goehringer, Chair Dear Mr. Goehringer: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicants Hughes, Michael & Therese* Moskowitz, Jacqueline Kaufer, Phyllis Bergamini, Robert & Margaret R & B Anello Faga, Kevin & Jeanine Wood, Timothy Cardinale Jr., Alan & Jeanne Hobbs, Diane & Henry Topper, Lewis Municipal File Numbers 6236 6238 6240 6241 6242 6243 6244 6246 6247 6248 *The requested variance appears to be an unwarranted over-intensification of use and the Board should proceed with caution so as not to establish a precedent that could tmdermine the Town's Zoning Code. TRK:ds Very truly yours, Thomas Isles, AICP 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) 853-4044 James F. King, president Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 23, 2008 Jeffrey T. Butler, P.E. 206 Lincoln St. Riverhead, NY 11901 RE: KEVIN FAGA 12580 MAIN RD., EAST MARION SCTM~L31-14-8.2 NOV 1 4 Dear Mr. Butler: The Board of Town Trustees took the following action during its regular meeting held on Wed., July 23, 2008 regarding the above matter: WHEREAS, Jeffrey T. Butler, P.E. on behalf of KEVIN FAGA applied to the Southold Town Board of Trustees for permits under the provisions of Chapter 275of the Southold Town Code the Wetland Ordinance, and Chapter 111 Coastal Erosion Management, applications dated June 25, 2008, and, WHEREAS, said applications were referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed applications be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6.3 of the Local Waterfront Revitalization Program to the greatest extent practical through the imposition of the following Best Management Practice requirements: the Board of Trustees did not find it practical to relocate the existing dwelling 100' from the wetland boundary, however, requires the installation of a 10' non-turf buffer, the addition of gutters and drywells to contain roof run-off in accordance with Chapter 236-Stormwater Management of the Town Code, and the installation of a line of staked hay bales and silt fence pdor to construction activities, and, 2 WHEREAS, a Public Hearing was held by the Town Trustees with respect to said applications on July 23, 2008 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning these applications, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 and Chapter 111 of the Southold Town Code, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirements imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approves the applications of KEVIN FAGA to renovate and construct additions to the existing single-family dwelling and upgrade the sanitary system, with the condition of a 10' non-turf buffer, the addition of gutters and drywells to contain roof run- off in accordance with Chapter 236-Stormwater Management of the Town Code, and the installation of a line of staked hay bales and silt fence prior to construction activities, and as depicted on the site plan praparad by Jeffrey T. Butler, P.E. last dated October 29, 2008. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections ara required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $100.00 Very truly yours, Jame F~ rg, Preside'e~ Board of Trustees JFK:lms BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 6931 & 6931C DATE: July 23~ 2008 ISSUED TO: KEVIN FAGA PROPERTY ADDRESS: 12580 MAIN RD., EAST MARION SCTM#31-14-8.2 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on Julv 23, 2008 in consideration of application fee in the sum of $500.00 paid by Kevin Faea and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and following: Wetland Permit and Coastal Erosion M~nagement Permit to renovate and construct additions to the existing single-family dwelling and upgrade the sanitary with the condition of a 10' non-turf buffer, the addition of gutters and drywells roof run-off in accordance with Chapter 236-Stormwater~ Management of the Town ~ and the installation of a line of staked hay bales and silt fence prior to construction activities, and as depicted on the site plan prepared by Jeffrey T. Butler, P.E. last dated October 29, 2008. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit #6931C Date: July 23, 2008 SCTM#31-14-8.2 Name of Applicant/Agent: Jeffrey T. Butler, P.E. Name of Permittee: Kevin Faga Address of Permittee: 12580 Main Rd., East Madon Property Located: 12580 Main Rd., East Marion DESCRIPTION OF ACTIVITY: To renovate and construct additions to the existing single-family dwelling and upgrade the sanitary system. SPECIAL CONDITIONS: The installation of a 10' non-turf buffer, addition of gutters and drywells to contain roof run-off in accordance with Chapter 236-Stormwater Management of the Town Code, and the installation of a line of staked hay bales and silt fence prior to construction activities. The Coastal Erosion Management Permit allows for the activities as indicated on the site plan prepared by Jeffrey T. Butler, P.E. last dated October 29, 2008. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) James . K~ing, Preside~ Board of Trustees JFK:lms ................... o~ th~ Zoning Ordinance and ~he de~islon of ~e ~uH~ ~ ( ) ~ ~ ( ) ~ (Continue on o~er side) 4~*ter ~nveatlsation and lnapoot~.on the Board rinds that apylioant roquee~f permiewion to divide prope~ and set o~r with lnsu~*£~olent a~ea, and for approval o~ aeoeee over p~vato ~l~t-or-v_a~ Ln aooordanoe vith ~he s~ate or How Work Tern beaten 250& on prope~,~2 looated on the so,th olde or Nlin (State) roaaontnA o~ the ~pp~oant. ~%p o~a~e4 %l ~%q~ a~ v~ld ~e a~ed ~ a~ p~opar~oa al~b ~n ~b lmd~a~e v~o~n~2 of ~his propar~ ~ tn t~ lam ~d~oo ~ w~ no~ o~ ~ oh~eo~oF ~ ~b d~o~o~. #9177 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 I week(s), successively, commencing on the 5th day of February, 2009. ~.~¢(.,~._ ~P al Clerk Sworn to before me this day of ~ 2009. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY. FEBRUARY 19. 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, put- 12 and 280-124, based on the Building Inspector's amended October 10, 2008 Notice of Disapproval and the owner's request for a building permit to con- struct a new single4amily dwelling and a new accessory building proposed with a nonconforming use (after demolition of the existing dwelling and existing nonconforming accessory building). The reasons for disapproving the bui[dlng permit application are that: (1) the proposed single-family dwell lng will be less than 15 feet on a single side yard; (2) the proposed single-famiiy dwell lng will be less than 35 feet for total side yard setbacks; (3) the proposed dwelling at less than 75 feet from the bulkhead adjacent to Great Peconic Bay; 14~ a new accessory building ~s pro; posed with (nonconforming) habitable space, and permitted uses are limited to single-family detached dwellings, noL to exceed one dwelling on each lot 280el'~'~-and 286-124~ based on the (merged lot). CHRISTINA VO~INSKI NOTARY pUB~.IC-STATE OF NEW YORK NO, 01-VO6105050 Qualified In ~uffolk County 9:40 A.M. PHYLLIS KAUFER 6240. Request for a' Varlaace under Section 280-15c. based on the Bulling 'FAGA ~. Request for a V~ po~d additions ~d alterations to the existing single-f~ily dwel~g at le~ to Orient Harbin. at 12580 Ma~ Road. ~ Request for Variances under S~tion ~0-124. based on the Building No6~ of Disapproval concerning a pro- po~d new single-family dwelling (after demolition of the existing building) in a location wi~ front yard setbacks at less man 35 feet. on this 10.~7 square foot 10:15 A.M. IS~OROS ~IRNI- g 6252. Request for Variants under Section 280-15. based on the Building Inspector's November 12. 2~8 Notice of Disapproval for a proposed a~essory swm~ming pool m a fro~t yard ~nstead of the code-required rear yard. and for a fence at a height which will exceed the code limitation of four (4'~ fe~t in a froni yard location adjacent fo C.R. ~ a/k/a Homestead Way, Greenport: 40-2-20. tion under Section 280-13B to es[ablish an Accesso~ Apartment in this single- family dwelling, with owner-occupancy, at 2675 Indian Neck Lane. Pecomc: ~M Location of Property: 3~ Camp Mine- ora Road. Mattituck: adjacent to Great Peconic Bay; ~M 1~-123-6-13. Re- quest'for Variances under Sections 280- Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 7[[~1~i~[9NO~631) 765-9064 SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 19, 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~ FEBRUARY 19, 2009: 9:50 A.M. KEVlN B. and JEANINE FAGA #6243. Request for a Variance under Section 280- 116B, based on the Building Inspector's October 23, 2008 Notice of Disapproval concerning a proposed additions and alterations to the existing single-family dwelling at less than the code- required minimum of 75 feet from the existing bulkhead adjacent to Orient Harbor, at 12580 Main Road, East Marion; CTM Parcel 1000-31-14-8.2. 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: January 16, 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 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, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: htlp://southtown.northfork.net January~, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, February 19, 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 February 1st Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town AsseSsors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the beSt of your ability, and to confirm how arrangements were made in either a written statement, or during the hearin.q, providinq the returned letter to us as soon as possible; AND not later than February 9th: Please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later FebrUary 9th: 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 February 16, 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME FAGA, K. & J. #6243 MAP # 31-14-8.2 VARIANCE BULKHEAD SETBACK REQUEST ADDITIONS/ALTERATIONS DATE: THURS, FEB 19, 2009, 9:50 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 x~ Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box I179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Date: REFERENCE:: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEX/HONE NUMBER: 765-1809 (press 1 at voice recording) [] URGENT ~FORYOUR UPDATE [] PLEASE COMMENT []AS REQUESTED NOTES/COMMENTS: Please find attached copy/copies of the following:. Thank you. Sender's Initials: Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.nor th fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 31, 2008 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6243 (FAGA) Dear Mark: We have received an application for additions and alterations to an existing single-family 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 trader the Code procedures of LWRP Section 268-5D. Thank you. Very truly yours, Gerard P. Goehringer Chairman Encls. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine 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 October 31, 2008 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6243 Action Requested: Within 500 feet of: Owner/Applicant: FAGA Bluff setback and Lot coverage ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerard P. Goehringer ZBA Chairman Encls. t4 I~ARION LAI<E. MARION LAI(E NOTICE COUNTY OF SUFFOLK Property ~ax Service