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HomeMy WebLinkAbout6299 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 Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELiBERATIONS, DECISION MEETING HELD NOVEMBER 12, 2009 RECEIVED ~O'v' 18 :,~ S uthold Town Clerl~ ZBA # ~299 - WILLIAM E. HAMILTON, Applicant Property Location: 2670 Grandview Drive, Orient CTM 14-2-3.6 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 submitted May 18, 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 situated in the area known as Mulford Point, Orient, and consists of a 49,515 square foot waterfront parcel, of which 29,406 square foot is shown as buildable land. The property has a 170 foot along the northerly lot line and adjacent to the bluff over-looking L.I. Sound. The parcel is currently improved with a two- story residence and attached upper level decks in the rear, or sound-side, of the premises. ADDITIONAL iNFORMATION: This property received prior variances during the time of the building's construction for an increase of lot coverage to 22.7%, and for reduced setbacks measuring +/- 90 feet from the top of the bluff. This decision was made August 7, 2003, under Application #5319 filed by John Hurtado, Jr. At that same time, August 7, 2003, the ZBA denied Applicant-Hurtado's additional request for variances for the construction of a swimming pool, proposed in a rear yard with a portion located in a side yard, setback 75 feet from the top of the bluff. BASIS OF APPLICATION: The Town of Southold Building Department's Notice of Disapproval, for a Building Permit to construct an in-ground swimming pool, deck, and raised patio, dated March 23, 2009, revised on April 8, 2009, and again revised on August 10, 2009. The Notice cited Article I, Section 280-4[B], definition of buildable land, stating that "this lot Page 2 November 12, 2009 ZBA # ~299 - William E. Hamilton, Applicant Location of Property: 2670 Grandview Drive, Orient CTM 14-2-3.6 contains 29,406+- sq. fl. of buildable land, thus pursuant to Article iV, Chapter 280-18, [Bulk Schedule], lot coverage shall be 20%." The proposed construction would be an increase in lot coverage from the existing 22.7% to 27.6% lot coverage resulting in 7,987 square feet of total building area. Also, cited in the Building Inspector's Notice of Disapproval is Article XXII Section 280-116[A][1], which states: "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be setback not fewer than 100 feet from the top of such bluffor bank." LWRP: TOWN CODE CHAPTER 268: A letter dated July 17, 2009 from Mark Terry, Town LWRP Coordinator, states "Requests for Variances under Sections 280-4[B], 280-18, and 280- l16A[1], based on the Building Inspector's revised April 8, 2009 Notice of Disapproval concerning a proposed swimming pool, deck and raised patio construction, which new construction areas will be: [a] less than 100 feet from the top of the L.I. Sound bluff or bank, and [b] greater than the code-limitation of 20% lot coverage on this +- 29,406 square feet of buildable land, contains the recommendation that "the proposed action is CONSISTENT with the Policy Standards and is therefore CONSISTENT with the LWRP provided that the following recommendations to further the below listed policies are implemented." The Board agrees that with the letter stating, that if the action is approved, a perpetual, natural buffer be required seaward from the metal fence to the toe of the bluff, consisting of drought tolerant indigenous plants. It is also recommended that a pool dewatering well be required. ADDITIONAL INFORMATION: The LWRP Coordinator notes the proposed action is subject to Town of Southold Planning Board Covenant and Restrictions on the applicant's property which restricts ~rading within 50 feet of the top of the bluff adjacent to Long Island Sound; restricting cleating and cutting of vegetation within 100 feet of the top of the bluff; restricting the placement of septic disposal within 100 feet of the top of the bluff; and prohibiting the directing of storm water runoff down the bluff, or into Long Island Sound. A permit was obtained by the applicant from the BOARD OF SOUTHOLD TOWN TRUSTEES, in reference to the Applicant's proposed construction of a swimming pool, deck, and raised patio, issued Wetland Permit 7040 to the Applicant on February 18, 2009. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 30, 2009 at which time written and oral evidence was presented. Another public hearing was held on October 1, 2009, at which time the Applicant also submitted a revised site plan and additional oral evidence was presented. Based upon all the testimony, documentation, personal inspection of the property, and all additional evidence submitted, the Zoning Board finds the following facts to be true and relevant! AREA VARIANCE RELIEF REQUESTED: The Applicant requests variances for the construction of a proposed swimaning pool, deck, and two attached, raised patios with [al a lot Page 3 - November 12; 2009 ZBA # fi299 - William E. Hamilton, Applicant Location of Propetty: 2670 Grandview Drive, Orient CTM 14-2-3.6 coverage of 27.6%, which is greater than the code-limitation of 20% lot coverage on this +/- 29,406 square feet of buildable land and, [b] at less than the code required 100 feet from the top of the L.I. Sound bluff or bank. AMENDED APPLICATION: During the July 30, 2009 heating, the applicant was asked to bring the original proposed site plan into more conformity with the code. The applicant on October 11, 2009 submitted a revised site plan increasing the rear yard setbacks from the top of the bluff as described above and as marked on this revised site plan survey, and with which such revisions brings the plan into more conformity with the Town codes. As noted in the revised site plan survey dated October 11, 2009, the lot coverage would be increased from the existing lot coverage of 22.7% to 27.16%. The northeast comer of the proposed pool will be 81.6 feet as measured from the top of the bluff, and the northwest comer of the pool will be setback 82.3 feet from the top of the bluff. The northeast comer of the proposed attached, raised patio will be 77.6 feet as measured from the top of the bluff, and the northwest comer of another attached, raised patio will be 85.3 feet from the top of the bluff. 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 variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Reason: The Applicant's revised site plan is for construction of a swimming pool, deck and raised patios, located in the rear yard, described at a minimum of 80 from the top of the bluff.. The attached easterly patio will have a minimum of 77.6 foot setback, and the attached westerly patio will have a iminimum setback of 82.3 feet, as measured from the top of the bluff. These setbacks are consistent or similar to other setbacks from the bluff within the surrounding neighborhood and therefore are not unusual or extraordinary. The adjacent property to the east, lot 14-2-3.7, has a pool with a setback of +/- 80 feet from the top of the bluff, and the adjacent property to the west, CTM lot 14-2-3.5 has a lap pool with a minimum setback of +/- 58 feet from the top of the bluff. The revised plan has reduced this coverage from the 27.6% to 27.16%. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Reason: The Applicant cannot construct a swimming pool, with a deck, and patios in the rear yard, which is common in this neighborhood, without variances, since the existing lot coverage already exceeds the 20% allowed by Town Code, and almost the entire rear yard is measured to be within 100 foot from the top of the bluff. Also, the steep sloping terrain of the front of the property, and the location of the existing building, and septic system, make it not possible to locate the proposed construction anywhere except in the Applicant's rear yard. 3. Town Law §267-b(3)(b)(3). The variances requested herein are deemed to be substantial Page 4 - November 12, 2009 ZBA # ¢299 William E. Hamilton, Applicant Location ofProperiy: 2670 Grandview Drive, Orient CTM 14-2-3.6 considering the overall increase of lot coverage to 27.16%, which is a 35.8% variance fi.om the code permitted maximum of 20% and the proposed 80 fi. +/- setback from the top of the bluff which is a 20% variance fi.om the 100 foot required setback fi.om the top of the bluff. 4. Town Law §267-b(3)(b)(5). The difficulty has not been self created because the location of this existing single family residence, with the existing septic system, and the slope of the front yard of the land l!mits the available area for a swimming pool. 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 applicant has obtained a permit from the BOARD OF TOWN TRUSTEES concerning this new construction. The Applicant's site engineer Joseph Fischetti has testified that the bluff is inherently stable and will not be affected by the proposed construction. A June 23, 2009 letter submitted to the ZBA from Suffolk County Soil and Water Conservation District Technician Nicole Spinelli states that Suffolk County topographic [LIDAR] maps reveal that the rear yar~ slopes away from the bluff towards the residence. Proper installation of drywells to contain water is proposed by applicant (as per Town of Southold Stormwater Drainage Code). 6. Grant of the relief, as amended, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a swimming pool and raised decks 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 Chairman Goehringer, seconded by Member Weisman, and duly carried, to GRANT the variances as shown on the amended site plan dated Oct. 11, 2009 and landscaping plan submitted august 14, 2009 by Creative Environmental Design, subject to the following Condition that drgwells shall be installed as per Town of Southold Stormwater Drainage Code. The above condition shall be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an Page 5 -November 12, 2009 ZBA # ~299 - William E. Hamilton, Applicant Location of Property: 2670 Grandview Drive, Orient CTM 14-2-3.6 alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehtinger (Chairman)~_Simon, Weisman, and Schneider. Member Homing was absent. This Resolu~~d~~_ }/~ C~ar d~grGCo ehringer, Chairman // ~I~q~bved for Filing 11- j/~ -2009 PROFESSIONAL ENGINEER 1725 HOBART ROAD / PO Box 616 SOUTHOLD, NEW YORK 11971 TEL:631.765.2954, FAX:631.614.3516 · e-mail:joseph@fischetti.com RECE~'¥ED OC~ 1 3 20~9 80ARD OF APPEALS ~3ate: October 12, 2009 Reference: ZBA File #6299 Hamilton Mr. Gerard P. Goehringer Chairman, Zoning Board of Appeals 54375 Main Road Southold, NY 11971 Dear Mr. Chairman, I wish to revise and clarify my letter to you recently. The original site plans sent to the Board showed a number of distances from the proposed pool to the bluff line. My revised drawings to the Board moved the proposed stairway to the side of the proposed patio instead of the rear of the patio. The revised stair will not project past the pool face. As can be seen from the submitted site plan the bluff face moves in slightly towards the home as the line goes easterly. The stair will be 77.6' to the bluff face at that point because of the bluff contour. I am sorry for the confusion. truly yours, enc FINAL MAP REVIEWED BY ZBA SEE DECISION # ~'2'~'~ ? PROFESSIONAL ENGINEER 1725 HOBART ROAD / PO Box 616 SOUTHOLD, NEW YORK11971 · FAX:631.614.3516 · e-mail:joseph@fischetti.com Date: Reference: Mr. Gerard P. Goehdnger Chairman, Zoning Board of Appeals 54375 Main Road Southold, NY 11971 Dear Mr. Chairman, June 3, 2009 ZBA File #6299 Hamilton OCT 133009 As per the Board's request, the following is a confirmation of the minimum distance from the revised pool design to the edge of the bluff line. By reducing the spillover 1 foot and the pool dimension from 14 to 13 and moving the stairway to the east side of the patio, the minimum distance to the bluff line will be 82.3 feet. Jly yours, BRICK PATIO' I BRICK PATIO I I Iii I .... IiI~ , , , , ,, " EE DECISION # ' AUG - 7 2009 DRAWN BY: .~F/MH I August 04, 2009 MON, COASTAL EROSION HAZARD LINE '" AS SCALED BOTTOM OF BLUFF WOOD ~POOL PROPOSED DECK pATIO EXISTIN~ SANITARY EX, DECK I~,.00' TWO STORY BRICK ~ FRAME DWELLING '3' 16.00' MON -HON. SITE PLAN SCALE: 1" = 20'-0' DATA TAKEN FROM HILLEBRAND LAND SURVEYING, P.C. 11 CHURCHHILL LANE SMITHTOWN, NY (631) 543-5139 FINAL SURVE: 12/18/2003 AUG - 7 2009 DRAWN BY: ]F/MH August 04, 2009 SCALE: 1" = 20' SHEET NO: 'co ~ ', August 04, 2009  S~LE: 1/4" = 1'-0" FOUNDATION P~N ~ ~ s~[[, NO: METAL FENCE GATE METAL FENCE 11'-2 1/2" 56'-0" GRADE: EL. 3q.5' EL. 4~,.0' EL. 47.0' EL. 46.0' O ,LLI AUG - 7 2009 DRAWN BY: August 04, 2009 SCALE: 1/4" = FLOOR PLAN SCALE: 1/4"= 1'-0' SHEET NO: 12" POURED CONC FOUNDATIO]N 36'-0" 54'-0' f-0" f-0" EL. 47.0' COPING EL. 47.0' ~ ,,, ,~,~.~,~ , .... , ...... , , , , , ,.~~' , , , , , , ~ETE ~ ~ ,~- ~' -~ .. ,4- STEEL RE N R~,ED ~ IFO .... "'- , ' ,, ,,/~--. ' , ~ ' ,REBAR NET ~ Xl~ ' ', , ' ~ Pt~LIT~I~T~ ~'', ', ~ , ', I '',' ,' ', , ' , ~,.~T." k 2, ', , '" , ?-.~=~-J' , ' : , ' ,~L J ~','~t~ ' ', ' ~ ' '¢ .- i I I Iii i I i I i I J i, ' iI I iI i II II i ,, ,, , , , , , , , , , ,, , ,L '... '( .' BEBAR'NET.$X~.' '.'. :,_~~ ~ I I ' _.._ . ~ -k,X",~ ',' :',, :: ~,'-',~ ,, ",, ~Y'-- - -- - ~-1 -~: - - I ' ~' ,~--'-' ~ ? ' , , ' --- POOL CONTRACTOR , ~ , = FOOTTN [ 1/2 "E~a~ I I : I I /ALL NET EL. 42.0' :NG BY 8'-4" 8'-4" SECTION A-A SCALE: 3/i~" = 1'-0" BARS EXISTING GRADE ~ EL. 40.0' ~ACTOR 1'-0" 1-0 1-0 . LU I1: ,' ......... #.4 QAmC .... [ '~ : i: "r ~)~n,,, ~ ' ,, ','*, ,', t Z ~_ , , ,, ,,, , ,,,, .CD(DA ' ' ----- ~ ~ · "~t..q: ' ,="/, ", 'rill : J ~ ~ : ~ ~ ;~ "~ 2X:[2ACG D~T~IG''OC }l~ J ',:' ',~l,'' '[ F===== ':- ' U ~ LU '~ t'~ CXI -- -- - q~ · ~ '" "", '~-]" ,' ,'' "'"'"'" ,' ,'[~ ~, ,,,, BRICK PATIO '~ .,_~ ._J X .--1 L~ ~- ~\ ':', ',,',, ,~,' ,;,,,' :, '~ ~ , ~~' ,~'- ~-- - "~,~OOco I~ #~ QAOq I~ - ~,m-~_____L_~_-~ . I AS ~EQ. 'q ,~'~ ~'~ ~' ~ ~ L- I. · ~TOP ~ BOTTOM / / / 0. ~ J' I ~=~ ~ I BACKFILL ~ > I'~X~'~'] ~ I EL. 420' ,rn~=~rTrnCT~, , / '~ BRICKFACE ~ ~ 4'-0" ,:: . I~'fl ~ /,. I~X~'., . '~ ;I : ,",, r ..... ; I~ ~ o~ ' ' ,.J ItJ.I ............ /, / I , / ,J , /.~ ; I ~ ~ KEII FUK II b , ~j5, o,, j ,, ! 3, o,, __ lO, 4. , 4, o,, _ ~ ~ (~PI~L) ~ : " , ' , , ' ' : , g~w~ ~Y: ~/~H C~A / ~. t ~ : t ~ -- ~ ~ ' ' A.g.~t o4, ~00. , · v SECTIONB-B OPATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 ! 4 200 Mr. M k v 240 E. 39tn Stieet- - ~',.~_~. ~ ~ New York NY 10816 August 11, 2009 RE: WILLIkM E. HAMILTON PROPERTY LOCATION: 2670 Grandview Drive, SCTM:1000-14-2-3.6 Orient Dear Mr. Levine: With reference to the above ZBA application and pursuant to our telephone conversation, enclosed please find a copy of the original notice mailed to you concerning the public hearing which was held on July 30, 2009. Enclosed is a copy of a letter from Creative Environmental Design which explains the re-vegetation plan together with a copy of the planting plan. This matter will be continued at the October 1, 2009 ZBA Public Hearing. I will advise you of the time as soon as it has been set. If you have any questions, please do not hesitate to contact me. Very truly yours, Patricia C. Moore PCM/bp encls. C: ZBA CREATIVE ENVIRONMENTAL DESIGN 39160 Route 25 Post Office Box 160 Peconic, NY 11958 631-734-7923 631-734-7924 fax Southold Town Zoning Board of Appeals PO Box 1179 Southold, NY 11971 To Whom It May Concern: /August 3, 2009 As per approved Southold Town Trustees Permit # 7105A, the Permit allows us to selectively clear the buffer seaward of the existing fence line by removing the non-native plant species and replanting the area with native plants. Stated, the process would include cutting non-native species to ground level then we paint the fresh cut with Round-Up to stop the re vegetation of same. Maintenance of or gaining full control of non-native plants would demand we apply several applications of the defoliant to ensure no non-native plants re- vegetate. After approximately 2 months of this type of maintenance, the installation of the new native listed planting would be planted David Cichanowicz ~ Cc: Pat Moore FINAL MAP /REVIEWEO ~$EE DECISION # iOATED._..~ I...J_~ ~1 J PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 ~? ~, ~T~1,"{63~1) 7654 ~330 ~" ...... F~R':"(63'l) 765i 4643 AUG - 7 2009 August 6, 2009 '~ ~ c,~q ~ Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 Re: William Hamilton Dear Mr. Goehringer and Board: In accordance with your request at the public hearing enclosed please find the new plan prepared by Joseph Fischettl, PE. The pool overflow area was reduced one foot from 4 feet to 3 feet andthe pool width was reduced one f'oot from 14 feet to 13 feet. The p..a,tio on the east side was reduced to continue the new line of the pool. I have attached Mr. Fischetti s letter. The stairs from [he pool to the ground have been relocated to the east side which increases our setback from the top oI the bluff. The square footage was reduced by 104 sq.ft, and the lot coverage was reduced from 27.5% to 27.16%. In accordance with these changes I have enclosed a revised project description. Thank you for your continued courtesies. Very truly)yours, ~. PatriciaC. Moore cc: Mr. Hamilton FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 23, 2009 Revised: April 8, 2009 Revised: August 10, 2009 TO: Patricia Moore, Atty. For William E. Hamilton 51020 Main Rd. Southold, NY 11971 Please take notice that your application dated March 13, 2009: For permit to construct in-ground swimming pool, deck and raised patio at: Location of property: 2670 Grandview Dr., Orient, NY County Tax Map No. 1000 - Section 1._~4 Block 2_ Lot 3.15 Is returned herewith and disapproved on the following grounds: The proposed construction, on this conforming 1.14 acre waterfront lot in the R40 District, is not permitted pursuant to Article XXII, Section 280-116(A)(1), which states "All buildings or structures located on lots adjacent to sounds and upon which them exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank." The proposed construction is shown at 77.6 feet +/- from existing bluff. Additionally, pursuant to Article I, Chapter 280-4(B), definition of buildable land, this lot contains 29,406 +/- sq. ft. of buildable land, thus pursuant to Article IV, Chapter 280-18, (Bulk Schedule), lot coverage shall be 20%, the existing lot coverage is 22.7 %, with the proposed construction the lot coverage will be 27.16%. This disapproval is based on site plan by Joseph Fischetti, PE, dated Jan. 11, 2009, revised August 4, 2009. Vicki Toth CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. DEPARTMENT OF PLANNING Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE May 14, 2009 THOMAS A. ISLES, A,I,C.P DIRECTOR OF PLANNING 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 impacL A decision of local determination should not be construed as either an approval or disapproval. Applicants Hamilton Ciaglo Connolly Chemushka (c/o Amy Martin) Bloethe Wenk (c/o Mark Schwatz) Franke (c/o Amy Martin) Myers (c/o Peconic Permit Expediting) Shinn Vineyard, LLC Severini Municip~FileNumbers 6299 6300 6301 6302 6303 6304 6305 6306 6308 6309 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 COUNTY OF SUFFOL~ SOIL AND WATER . June 23, 2009 Steve Levy SUFFOLK COUNTY EXECUTIV~ Chairman Gerard Goehringer Board of Appeals Town of Southold P.O. Box 1179 Southold, New York 11971-0959 Paul A. TeNyenhuis DISTRICT MANAGER (631)727-2315 x3 RE: ZBA File REF. No 6299 (Hamilton) Dear Chairman Goehringer: As per your request a site review was conducted for the property located at 2670 Grandview Drive in Orient. The site was evaluated for potential natural resource concerns regarding the construction of an in ground pool, deck and patio. A site visit was attempted on June 17, 2009; however the rear yard could not be accessed due to fencing. Upon review of the 2007 aerial photography and site photos included with the application, the bluffappears to be fully vegetated and in stabile condition. Suffolk County topographic (LIDAR) maps reveal that the rear yard slopes away from the bluffedge towards the residence. This means that the bluff is not impacted by runoff flowing over the edge. The bluff will however, be affected by wave action at the toe and possible groundwater seepage out the bluff face. No natural resource concerns were noted based upon available data without actually seeing the bluff itself. If you require further assistance in this matter please don't hesitate to let me know. Nicole Spinelli District Technician 423 GRIFFING AVENUE SUITE 110 RIVERREAD, NY 11901 OFFI~ LOC,~I6'N-: Town Hall ~nex 54375 State Route 25 (cor. Mmn 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 To: Gerard Goehringer, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: July 17, 2009 JUL ! 7 2009 Re: ZBA# 6299 (WILLIAM E. HAMILTON) Location: 2670 Grandview Drive, Orient SCTM# 1000-14.-2-3.6 NOTE: The proposed action is subject to Town of Southold Plannin,q Board Covenant and Restrictions WILLIAM E. HAMILTON #6299. Requests for Variances under Sections 280-4(B), 280-18, and 280-116A(1), based on the Building Inspector's revised April 8, 2009 Notice of Disapproval concerning a proposed swimming pool, deck, and raised patio construction, which new construction areas will be: (a) less than 100 feet from the top of the L.I. Sound bluff or bank, and (b) greater than the code-limitation of 20% lot coverage on this +/- 29,406square feet of buildable land. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the following recommendations to further the below listed policies are implemented. Policy 6. Protect and restore the quafity and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: Maintain buffers to achieve a high filtration efficiency of surface runoff Avoid permanent or unnecessary disturbance within buffer areas. Maintain existing indigenous vegetation within buffer areas. If the action is approved, it is recommended that a perpetual, natural buffer be required seaward from the metal fence to the toe of the bluff. , NATURAL VEGETATED BUFFER -- a land area of a certain length and width where existing veqetation occurs prior to the commencement of any grading or clearinq activity. Vegetation shall be maintained to achieve a minimum percent ground cover of ninety-five (95) percent. To achieve the percent qround cover indiqenous, drought tolerant veqetation shall be planted. Survival of planted vegetation shall be (ninety) 90 percent for a period of three (3) years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15') to maintain viewsheds, replantinq of vegetation and establJshin.q a four foot (4') wide access path constructed of pervious material for access to the water-body. Figure 1. Subject parcel. It is also recommended that a pool dewaterin.q well be required. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney JUL 1 7 2009 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 2670 Street Grandview Drive Hamlet Orient SCTM 1000 Section 14 Block 2 .Lot(s) 3.6 Lot Size 1.14 Zone R-40 1 (WE~ APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED April 8~ 2009 BASED ON MAP DATED Fischetti P.E. site plan January 11~2009 and survey last dated March 31,2009 Applicant(s)/Owner(s):. William Hamilton Mailing Address: 2670 Grandview Drive~ Orient Telephone: 212-682-2710 Fax #: Email: 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: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other: Agent's Address: 51020 Main Road~ Southold NY 11971 Telephone 631-765-4330 Fax #: 765-4643 Email: pcmooorel~optonline, net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s),or EAuthorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED January 11v 2009 AN APPLICATION DATED March 13~2009 FOR: X Building Permit [] Certificate of Occupancy E Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [3Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXII Section 280-_ Subsection_116 (A)(I) Setback from top of bluff Article I Section 280-4(B) (buildable land) Article 1V~ Chapter 280-18 (lot coveraRe) Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. E A Variance due to lack of access required by New York Town Law-Section 280-A. f~ lnterpretatlon of the Town Code, Article Section E Reversal or Other A prior appeal E has, has not been made at any time with respect to this property~ UNDER Appeal No. 5319 Year 2003 .. (Please be sure to research before completing this question or call our offtce for assistance) Name of Owner: William Hamilton ZBA File g REASONS FOR APPEAL (additional sheets may be used with preparer's si£nature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: Both to the east and west, the adjacent parcels have constructed pools. The applicant has obtained approval from the Southold Town Trustees to construct a pool at 80.3 from the top of the bluffand staircase down at 70.6 feet from the top of the bluff. The setbacks are shown on a map prepared by Joe Fischetti, PE dated January 11, 2009. The subject property is Plot Plan of Lot 2, Map of Grandview Estates at Orient filed June 8, 1982. The property was developed with a single family dwelling, the deck required a variance in 2003. The variance was granted in Appeal g5319 to the developer. At the time the developer requested a pool but the house was under construction, the property was causing erosion and the ZBA denied the variance for the proposed pool. Twenty years later, the property is well vegetated, the house contains proper drainage and causes no erosion either to the bluff or to the street. The homeowner was not aware of the Zoning Appeals since he purchased a completed house in 2005. The circumstances and existing conditions are quite different twenty years later. The owner had originally considered locating the pool on the side yard but this resulted in much greater disturbance to the land adjacent to the bluff. The proposed pool is integrated into the existing deck, will be elevated at the level of the existing deck, an infinity pool, with a spillover area is proposed. The pool will contain a dry well and buffered equipment. The parcel is a subdivision lot showing 49,515 square feet, it is similarly sized to other lots in this subdivision. Both adjacent parcels have similarly designed pools.(as shown on the enclosed Google Maps) The change to the definition of buildable land has made this parcel nonconforming with regard to "lot coverage", the existing lot coverage of the house and deck is 22.6%. The elimination, through definition, of the land seaward of the Coastal Erosion Hazard Line makes every lot in this subdivision similarly nonconforming (less than I acre) they are nonetheless taxed as one acre waterfront. The top of the bluff is seaward of thc Coastal Erosion Hazard line. The proposed pool and decking requires a lot coverage variance of 27.5%. When the parcel was developed, as a Planning Board approved subdivision, the proposed pool would be permitted at 16.3% lot coverage. It is worthwhile to note that the Coastal Erosion Hazard line is an approximate line provided by NY State on the Coastal Erosion maps and was not intended to provide an accurate measurement for Lot Coverage calculations. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: In 2007 the owner began to design alternative pool locations. The location pursued in 2007 placed the pool within the existing deck in the corner. However, this location of the pool required relocation of the sanitary system. A sanitary system was designed to conform to Health Department standards, located a minimum of 150 feet from neighboring wells and a minimum of 65 feet from the top of the bluff. The sanitary system which required no variances at 65 feet from the top of the bluff would result in greater disturbance to the property adjacent to the bluff and subsurface draining of the sanitary system within a proximate distance to the bluff. This proposal, while providing an alternative to the applicant which required a lesser variance for the pool and lot coverage variance for the existing deck. This proposal received approval from the Southold Town Trustees. This alternative was not the environmentally optimal proposal. The owner, preferring to lessen the impact to his property began working with Creative Environmental, Mr. Fischetti PE and Pat Moore Esq. to prepare a pool plan which was integrated to the extent possible into the existing deck and required no relocation of the sanitary system. Due to the previous zoning decision which recommended considering reasonable alternatives, the proposed pool is a better plan than the plan which required a smaller variance for the pool but resulted in greater disturbance and long term impact to the bluff. (3) The amount of relief requested is not substantial because: Grandview Estates subdivision was created in 1982 and the individual lots are more than one in size as shown on the map. The land area landward of the Coastal Erosion Hazard area is 29,406 sq.ft. This reduction of the land area, by definition, makes the existing lot preexisting nonconforming. The existing structures are made nonconforming as to lot area (22.6%) and the proposed pool, patio and spa increases the lot coverage by 4.9%. Under the development plan of the subdivision map the proposed pool, patio and deck 16.3%, thus conforming. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The house was constructed 100 feet from the top of the bluff and the deck was granted a variance in 2003 to be located 89 feet from the top of the bluff. At the time the builder applied for a variance for the pool, the property was under construction, the construction was causing erosion. The property slopes toward the road so there would be no drainage impact to the bluff. The property is heavily vegetated, maintains dry wells and is under the maintenance of Creative Environmental which monitors the bluff vegetation and professionally maintains the property. The proposed pool, patio and spa is the least environmentally damaging alternative, the alternative plan required construction of the sanitary in the rear yard within 65 feet from the top of the bluff and would impact the physical & environmental condition of the property. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X)No. Alternative plans were pursued, but the proposed plan, while requiring a variance, is environmentally sound and conforms to the character of the neighborhood. Are there Covenants and Restrictions concerning this land: =' No. E Yes (please furnish copy). 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 REQUESTE~I).~&~D PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to c~~J~ ~ . Sigba~rr~of Appellant or Authorized Agent Sworn to before me this ~' 7"/"/ (Agent must submit written Authorization from Owner) day of ~?~-IL. , 20 Oc/' . MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified In Suffolk Count~_ Commission Expires June 3, ~t.O / / TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork. net Examined ~1,0~'') ,2(~ Approved ,20 Expiration ,20__ 6L06. DEPT. TOWfl OF $OtlTflOt,O PERM/T NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Heatth 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y,S.D,E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Date ~--'/3 ,2007 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fe~ ac6ording to schedule. b. Plot plan showing, location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance &Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or'used in whole or in part for any purpose what so ever until.the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the properly havebeen enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall bo required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of S6uthold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. applicto.~n~if a corporation) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License,No. 1. Location of land on which propos,ed work will be done: House Number Street County Tax Map No. I00,0 Section Subdivision ~ff//?~/,~O~ ~---~/-~..q Hamlet Block ~ Lot 3. ~ Filed Map N~?~... ~.~,~ ~ 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New '~ '~ P,~O Addition Alteration Repair Removal Demolition Other Work Estimated Cost Fee If dwelling, number of dwelling units If garage, number of cars (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Height Number of Stories D mens one of same struc~e'with alterations, or additions: Front Depth Height Number 8. Dimensions of entire new construction: Front ' Height Number of Stories Rear 9. Size of lot: Front Rear .Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 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 Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.EiC. PERMITS MAy BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * ~S__ NO__ * IF YES, D.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 pm.v(d~e t..opographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) ' SS' COUNTY OF~ ' //'/~'~ ~-/~O ~ ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the ~~f. (Contrafiarfir, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; - that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. ~ Signathre .of Applicant APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: William Hamilton Date Prepared: March 31, 2009 revised plan August 6, 2009 I. For Demolition of Existing Building Areas Please describe areas being mmoved: II. New Construction Areas (New Dwelling or New Additions/Extensions): modification to existing deck, construct pool and patio 80.3 feet from the top of the bluff Dimensions of first floor extension: deck cut back to construct pool Dimensions of new second floor ( no change) Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed_ lfyes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: existing deck received a variance setback from the top of the bluff, pool and above grade patio proposed at less than 100 feet from the top of the bluff. Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): letter from surveyor & engineer attached to notice of disapproval existing dwelling: 4340 sf front porch 337 sf 2"d floor balcony 37 sf existing deck 1,589 sf wood steps 114 sf roof at southwest corner (less overlap) 225 total: 6,642/29,406 = 22.6% lot coverage AUG - 7 2000 Proposed increase of building coverage: Previous: Pool, patio & spa 1,633 less 190 sq.ft. Overlap Proposed alternative plan: new pool size (36' x 13') with spill over (36' x 3') and reduced patio total reduction 104 sq.ft Proposed alternative plan:l,633 (less overlapl90 sq.ft.)l,443 - reduction from redesign 104 sq.ft. = 1,339 sq.ft. + existing 6,648 sq.ft = 7~987 total lot coverage sa.ft. Lot coverage proposed 27.16% we reduced the lot coverage by .34% Square footage of your 1ot:__29,406 sq.ft._to CEH line - note an additional 20 feet to the top of the bluff (20' x 170' = 3,400 sq.ft.) Percentage of coverage of your lot by building area: V. Purpose of New Construction Requested: construct a pool, patio and spa VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): _vegetated adjacent to the Long Island Sound, CEH line is landward of Top of Bluff, this proposal received a permit from Southold Town Trustees Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 DECLARATION OF COV]ENANTS AND RESTRICTIONS THIS INDENTURE. made this ~'~ day of May, 1982, by HAROLD REESIE, JR.. ,~ residing at 855 Sunrise High%vay, Lynbrook, New York; RONALD REESE, residing at ~~ 4.01 E. Washington Street, Lexington. Virginia, and Ct~RISTINE.REESE, residing at ~ 239 S. E. Fourth Avenue, Pompano Beach, Florida, hereinafter called Declarants. WHEREAS, Declarants are the owners of certain real property located at ~Orient. Town of Southold, County of Suffolk and State of New York, being the same  premlses conveyed to the Declar~nts by Henry Sledjeski and Bertha okUla, executors  of the Estate of Amelia Sledjeski, by deed dated January 12, 1981 and recorded in the ~$uffolk Co~ty Clerk's Office on January 19, 1982 in Lther 8946 of de,ds at page 488, :t. and WttEREAS, ihs Declarants intend to subdivide and develop the aforesaid premises 00 Ks a planned community, and : - ~IEi{EAS, the S~ffolk County PlanninE Coma[ss%on in approving said subdivision ~0 map requires that certain conditions should be imposed Rpon said premises-to help 001 preserve the natural and aesthetic.attributes of the shoreline of Long Island Sound, and v-- V~H~3REAS, the Southold Town Planning Board, in its approval of said subdivision ~..?II{ap requires thai the covenants ~nd conditions hereinafter set forth be imposed: NO\V, TI-IEREFORE, the Declarants declare that the aforementioned premisea .~'be and the same hereby are held and shall be conveyed subject to the conditions, coven~uts and restrictions hereinafter set forth, and each ~nd every prospective ~ / purchaser of said pren~,ises.or any portion thereof by ihs acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held to the following conditions, covenants and restrictions, to wit: ,D l. That no lot shall be subdivided or its lot lines changed in any'manner, at amy ~uture date unless authorized by ~he Pla~g Board of ~e To~ of Southold. ~. That no gradi~ sha~ be permitted wi~ 50' o$ ~he top edge of bl~f adjacent ~o Long Isled Sound excep~ such gra~ng as ~ay be neeess~y : '~ntrol or remedy erosion or ~o preven~ s~orm water from ~ow~g over the edge of ~e bl~. _ . 3. Thai no sanitary disposal facility shall be installed or const~cted 1~0' of ~e ~op o[ ~e biff ad~mcen~ ~o Long Island S~nd. 4. Thmt no storm }va%e~ r~off ~s~g froze development ~d improvement of ~e subdivision or an~ of i~s lots shmR be discharged do~ ~e face of said bl~f d~ec~3 ~o ~ong Is~nd Sold ~ ~ manne~. 5. T~a~ clezring ~d cuing of vegetation with~ 100~ of,~he ~op edge 6f ~e bl~f adjacent to Long Isled Sold shall be limi~ed'%o ~ha~ necessary for ma~%enanc~. . . ~, The% access ~o ~e beach adjacent to Lo~ Island Sound shall be bf means of · suitable struc~re designed ~d ~omstruc~ed ~ a mm~er ~hat w~l result ~ the least ~stu~bmnce of the stabtlit~ of ~e blur. ' - That all of ~e forego~ coven~s, conditions mhd restrictions shm~ be oonst~m~d ms ~e~ covenants ~nnln~ ~i~h %he l~d and shaR con~u~ ~d remain in full force and eHect at all ~imes as agmins~ the owners of ~he premises for an~ portion -2- LN WITNESS WHEREOF, said DeclarantS have set their hands and affixed their seal the day and year first above written. . ~onald ~eese by HarOld ~ee~e, Jr. as a~orney-in- fact a8 attomey-in-fac~ STATE OF NEW YORK) COUNTY OF On the ~') day of May, I982, before me persdnally came Harold Reese, Jr., to me personally known to be the person described and appointed attorney-in-fact in and by a certain power of attorney executed by Ronald Reese, dated '~ ~,% - I~-; to be recorded in the Office of the Clerk of Suffol~ County si~nultaneously wi~h the foregoing instrument as the act bf said Ronald l%eese. STATE OF NEW YORK) /,~ ~,~. ss: dOUNTY OF On the~-7 dky of May, 1982, before me personally came Herold Reeseo Jr. to me personally known to be the person described and appointed a~orney-in-fact in and by a certain power of attorney executed by Christine Reese, dated ~ to be recorded in the Office of ~e Clerk of Suffo~ County simultaneously wi~h the forego~ ~slrument as the act 6f said Christie Reese. APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: William Hamilton ..~e=~,;? ~ ~ Date Prepared: March 31,2009 I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas {New Dwelling or New Additions/Extensions): modification to existing deck, construct pool and patio 80.3 feet from the top of the bluff Dimensions of first floor extension: deck cut hack to construct pool Dimensions of new second floor ( no change) Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed_ If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: existing deck received a variance setback from the top of the bluff, pool and above grade patio proposed at less than 100 feet from the top of the bluff. Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): letter from surveyor & engineer attached to notice of disapproval existing dwelling: 4340 sf front porch 337 sf 2na floor balcony 37 sf existing deck 1,589 sf wood steps 114 sf roof at southwest corner (less overlap) 225 total: 6,642/29,406 = 22.6% lot coverage Proposed increase of building coverage: Pool, patio & spa 8,275 ( less overlap of deck area): 8,085 s.f. / 29,406 = 27.5% Square footage of your lot:__29,406 sq.ft._to CEIl line - note an additional 20 feet to the top of the bluff (20' x 170' = 3,400 sq.ft.) Percentage of coverage of your lot by building area: V. Purpose of New Construction Requested: construct a pool, patio and spa VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): _vegetated adiacent to the Long Island Sound, CEH line is landward of Top of Bluff, this proposal received a permit from Southold Town Trustees Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT / SPONSOR 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) 2. PROJECT NAME SEQR 3.PROJECT LOCATION: M u nicipalit y (~)~'q~/,~ ¢ 4 PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc - or provide map 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification / alteration 6 DESCRIBE PROJECT BRIEFLY: 7 AMOUNT OF LAND AFFECTED: Initially / acres Ultimately '/ acres 8. WiLL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [~ Yes ~.J NO If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply,) ~lResidential [] Industrial r--~Commercial F'~Agriculture E~Park/Forest/Open Space [~Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) r~Yes Lr"--]No If yes, list agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? l~Yes r~No If yes, list agency name and permit / approval: 12.E]YesAS A , E~ULTNo OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/ Sponsor ~N. a¢~ ~,,,,~. Date: Signature /~ -- ¢ ~'~"'~O ~ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 61747 if yes, coordinate the review process and use the FULL EAF. E~]Yes r~No B. WILL ACTION RECEIVE COORD NATED REV EW AS PROV DED FOR UNL STED ACTIONS IN 6 NYCRR, PART 61767 If No, a negative declarabon may be superseded by another involved agency. E~] Yes C. COULD ACTION RESULT iN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Exisgng air quality, surface or groundwater quatgy or quantity, noise levets, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flcoding problems? Explain bdegy: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6, Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes!~ use of e!!her quan!!ty or !)'p~ of~.~er~)'? Explain bdefl)': ,, D, WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL IRONMENTAL AR~A I~A~ f!~ )'~t ~X~!~in briell)c E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If)'es explain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adveme effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude, if necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequataty addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potantia[ impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have id e ntifled one or more potentially large or sig nJflcant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actio WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons suppoding thi determination. Name of Lead Agency Date Title of Responsible Officer Signature of Preparer (If different from responsible oflicer) Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS (Hamilton 1000-14-2-3.6) 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it 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#1000-14-2-3.6- construct pool to existing deck all alterations and new construction landward of Coastal Erosion Hazard Line and top of bluff. The Application has been submitted to (check appropriate response): Zoning Board X~ Town Board __ Planning Dept. Building Dept. Board of Trustees X~ 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) __ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Previous approval to construct pool and replacement sanitary system. Redesign of pool does not require relocation of sanitary. Pool part of existing deck but requires extension toward top of bluff. Haybales along top of bluff during construction and drywells for pool equipment Location of action: 2670 Grandview Drive, Orient Site acreage:.5 acres Present land use: improved residential Present zoning classification: R-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: William Hamilton (b) Mailing address: 35 Mt. Vernon Street, Ridgefield NJ 07660 (c) Telephone number: Area Code ( 212 )682-2710 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable proposed pool location will cause less disturbance then previously approved permit to relocate sanitary system in same general area. Proposed pool will be set back no closer then 65 feet from top of bank. Bank is stable, vegetated and set back significantly from edge of tie line on Long Island Sound. See previous approval, current survey and plans in file. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No Not Applicable Existing developed site- fully developed area. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes No Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No Not Applicable The proposed pool will be constructed to be elevated at the level of the existing deck. The project is engineered by Joseph Fischetti, PE to assure no advers impact on life, existing structures and natural resources. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable Ail construction will meet current stricter standards. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section II1 - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable The Trustees require haybales during construction. Drywells for pool equipment will be provided. All other existing structures (house and landscaping will be retained.) The property is protected by stable vegetation. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable Property is presently developed with a two story single family dwelling, deck and approved for a pool and relocated sanitary system. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No Not Applicable property is a waterfront parcel with a single family dwelling. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resourcesiin Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable Construction of pool will be done with current environmental regulations. Proper protection of bluff with haybales and protection of water runoff, Bluff face and toe are stable and vegetated. 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 mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts ofintarest on the part of Town officers and employees. The purpose of this form is to provide information~ which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: __Patricia C. Moore, William Hamilton (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", Trustees name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __ C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP NONE Sig(iature: ~e.~.~,/~ ! Prin'tClam~athcia CMoore Owner :William Hamilton ~I/~_/f//tZ~ AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ) WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural districa All applications requiring an agricultural data statement muSt be referred to the Suffolk County Department of Planning in accordance with sections 239- m and239-n of the GeneralMunicipalLaw. 1) Name of Applicant: ~/t//~tT/>/ ~ tot; 2) Address of Applicant: c,Zb, 70 ~r~z~d ~t~ 3) Name of Land OWner (if other than applicant): 4) Address of Land OWner: 5) Description of Proposed Project: f~z~/. /~,~ 6)LocationofProperty(roadandtaxmapnumber): / DtgO ~ /~-- ,.~ - .~. ~ 7) Is the parcel within an agricultural distr/ct? ~No [] Yes If yes, Agricultural District Number 8) Isthisparcelacfivelyfarmed?~No F3Yes ~>~> v'~i~'~vt ~-5 7-~ :7-'~z~ $O~r~g>r ~rt .~ r o~t~d 9) Name and address of any oWner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the ToWn Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property oWners are identified.) The lot numbers may be obtained, in advance, when requested from the Office of the Planning Board at 765- ~ol~'~e of A~i~cant Note: 1. The local board will solicit comments fi.om the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 PROFESSIONAL ENGINEER 1725 HOBART ROAD / PO Box 616 SOUTHOLD, NEW YORK 11971 TEL:631,765.2954 · FAX:631.614.3516 ° e-mail:joseph@fischetti.com Date: Reference: GERARD P. GOEHRINGER, CHAIRMAN Southold Town ZBA 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 August.5,2009 Hamilt0,n '~ AUG - 7 2009 Dear Mr. Goehdnger, I have discussed you request to reduce the size of the spillover for the pool with Islandia Pools, the contractor. The present size is 4 feet. After calculation of the required volume of water needed for the spillway we can reduce the size from 4 feet wide to 3 feet wide. Attached to this letter is the email from Islandia Pools. I have also received permission from Mr. Hamilton to reduce the width size of the pool from 14 feet to 13 feet. I have also relocated the stair that was on the north side of the pool to the east side of the pool. I hope these changes will mitigate any concerns you may have with this application. All changes are contained in the new plans being submitted. Jqseph From: Sent: To: Subject: Follow Up Flag: Flag Status: john@islandiapools.com Friday, July 31, 2009 11:24 AM joseph@fischetti.com catch basin on Hamilton Pool Follow up Flagged Dear Joseph, In reference to the Hamilton Project, after reviewing the plans and pipe size and pumps, we can bring down the size of the catch basin from 4 feet to 3 feet. Sincerely Yours, John J. Wysoczanski Islandia Pools Ltd. 108 Fishel Avenue Riverhead, NY 11901 631-727-6314 x3 johnC~,islandiapools.com James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 February 18, 2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: WILLIAM HAMILTON 2674 GRANDVIEW DRIVE, ORIENT SCTM# 14-2-3.6 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, February 18, 2009 regarding the above matter: WHEREAS, Patricia C. Moore, Esq., on behalf of WILLIAM HAMILTON applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated January 21,2009, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6.3 & 4.1 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: the pool, deck and associated structures were modified so that the existing sanitary system will not be disturbed, the addition of dryweils for the pool to contain any pool backwash and in accordance with Chapter 236 of the Town Code-Storm Water Runoff, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 18, 2009, at which time all interested persons were given an opportunity to be heard, and, 2 WHEREAS, the Board members have personally viewed and are familiar with the f¢ premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affeCt the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of WILLIAM HAMILTON to re-design the swimming pool, extend the existing deck and Construct a wall to support the structures, with the conditions of the addition of pool drywells to contain the pool backwash and in accordance with Chapter 236 of the Town Code- Storm Water Runoff, and that the pool, deck and associated structures were modified so that the existing sanitary system will not be disturbed, and as depicted on the site plan prepared by Joseph Fischetti, P.E., last dated April 21, 2009, and received on April 21,2009. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 50.00 Very truly yours, President, Board of Trustees JFK/eac BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK NO. 7040 DATE: FEBRUARY 18~ 2009 JED TO: WILLIAM HAMILTON PROPERTY ADDRESS: 2674 GRANDVIEW DRIVE~ ORIENT SCTM# 14-2-3.6 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 February 18, 2009, and in consideration of application fee in the sum of $250.00 paid by William Hamilton and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to re-design the swimming pool, extend the existing deck and construct a wall to support the structures, with the conditions of the addition of pool drywells to contain the pool backwash and in accordance with Chapter 236 of the Town Code-Storm Water Runoff~ and that the pool, deck and associated structures were modified so that the existing sanitary system will not be disturbed, and as depicted on the site plan prepared by Joseph Fischetti, P.E., last dated April 21, 2009, and received on April 21, 2009. 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 tlais date. TERMS AND CONDITIONS The Permittee William Hamilton, residing at 2674 Grandview Drive, Orient, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Pennittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. DATA TAKEN FROM SURVEY BY: HILLEBRAND LAND SURVEYING, P.C. 11 CHURCHHILL LANE SMITHTOWN, NY (631) 543-5139 FINAL SURVE: 12/18/2003 BY: ]F/MH April 2:t, 2009 1"= 20' SHEET NO: SITE PLAN SCALE: 1" = 20'-0' DATA TAKEN FROM SURVEY B HILLEBRAND LAND SURVEYING, 11 CHURCHHILL LANE SMITHTOWN, NY (631) 543-5139 FINAL SURVE: 12/18/2003 t APPEALS BOARD MEMBERS Lydia A. Tortora, Chairwoman Gerard P. Goehringer George Homing Ruth D. Oliva Vincent Orlando BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://s0utholdtown.northfork.net FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 7, 2003 ~ Appl. No. 5319 - JOHN HURTADOI JR. Property Location: 2670 Grandview Drive, Orient; CTM 1000-14-2-3.6. 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicafit's 49,515+- sq. ft. parcel has 150+- ft. frontage along the north side of Grand View Drive, 310.40 ft. in depth along the westerly side line, 351.13 feet along the easterly side line, and 170 feet along the Long Island Sound. :The property is shown as Lot 2 on the Map of Grandview Estates at Orient,.filed June 8, 1982 in the Suffolk County Clerk's Office. A new dwelling exists at the premises, and was under construction when the May 1,2002 survey was prepared by Harry P. Hillebrand, L.S. with foundation setbacks of 56.2 feet from the front property line, 100 feet from the top of the bluff, and setbacks at 36.3 feet on the west side and 16 feet on the east side. BASIS OF APPLICATION: Building Department's January 27, 2003 Notice of Disapproval, citing Sections 100-30A.4, 100-33C, and 100-239.4 in its denial of a building permit to construct an accessory swimming pool and deck addition to the dwelling. The reasons stated in the Disapproval are that the new deck and pool are proposed at less than 100 feet from the top Of the bluff along the Long Island Sound, and that (part of) the swimming pool will be in a side yard location instead of the code-required rear yard. At the time of the issuance of the January 27, 2003 Notice of Disapproval, the deck addition (ref. Brian A. Rapp, R.A. Plan dated Dec. 25, 2002, Job. 02-028A) was proposed at 85 feet from the top of the bluff. On February 6, 2003, the applicant revised the deck location as shown onthe survey prepared by'Harry P. Hillebrand, L.S., showing a new layout, at 89-90 feet from the top of the bluff at its closest points. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 19, 2003, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct both an accessory swimming pool and deck addition to the dwelling, as follows: (a) the 16'x36' swimming pool is proposed at 75 feet from the top of the bluff; a small portion of the 16'x36' swimming pool is proposed in a side yard location instead of entirely in a permitted rear yard or permitted front yard on this sound-front parcel. (b) the 13'x 60+- ft. portion of the entire :1~ deck addition with extended west-side stairway is proposed at 89 feet from the top of the bluff; the remaining pOrtion of the deck will be beyond the 100 ft. setback requirement of the code; and (c) a 60+- sq. ft. open step areas is also proposed at 76+- feet from the top of the bluff. REASONS FOR BOARD ACTION: in accordance with the review standards set forth in the town law 267-b 3 "area variances", the board has considered the benefit to the applicant if the variance is granted, as weighed Page 2 - August 7, 2003 Appk No. 5319- John Hurtado, Jr. 14-2-3.6 at Orient against the detriment to the health, safety and welfare to the neighborhood and community by such grant, and determines that: 1. A) Grant of the area variance will produce an undesirable chanqe in the character of the neiqhborhood or a detriment to nearby properties. The pool could be redesigned to reduce the degree of the variance.. This alternative setback would minimize the variance, and diminish the impact to nearby properties. The lot is sloping towards Grandview Drive right from the bluff top edge. Soils are being eroded from the lot and being dragged on by vehicle traffic since there is no stabilized construction entrance. Erosion along bluff areas in this sound-front community has been known over the years. The bluff toe is not stabilized with any hardening structure, nor are there any to either side of this parcel. Thbre are many glacial erratics present along the shoreline which is indicates underlyirlg long,term instability of the shoreline topography on, and adjacent to applicant's property. Although appellants w be installing drywells and providing proper drainage to contain runoff On their property in the final construction stages of the new dwelling, the Board believes that risks to the bluff and nearby properties far outweigh the benefits of the proposed variance. (B) Grant of the relief requested fo~ a deck addition will not produce an undesirable chanqe in the character of the neiqhborhood or a detriment to nearby properties. The new deck construction will be similar to the setbacks established for structures existing in the immediate area of this sound-front community. The deck will also be open to the sky and not require excavation or construction of an in-ground foundation ot elevation above one-story height. 2. A) With respect to the proposed 576 sq. ft. in-qround swimminq pool, the benefit souqht can be achievec by some method, feasible for the applicant to pursue, other than an area variance. Applicant's request i.~ based on his proposed 1630+- sq. ft, deck at the north side of the new house which is presently unde~ construction. The new dwelling is presently under construction at a width of 93.1 feet by applicant at an anglt to the front property line, on this 150-ft. wide lot. The Board believes that the pool could be sited to minimizt the variance and diminish impact to nearby lands. An increased setback from the Coastal Zone Erosior Hazard boundary and from the top of the bluff would not only protect the sensitive bluff area, but would als( eliminate the negative impacts to nearby properties. The applicant's claim did not include actual cos estimates, or expert evidence, to substantiate that there is no other alternative feasible. B) With resPect to the open deck addition, the benefit souqht by the applicant cannot be achieved by som{ method, feasible for the applicant to pursue, other than an area variance. 3. The requested variance is substantial for the pool as requested, 'resultinq in a 25% reduction of the cod~ requirement. Applicant requests a 25-foot reduction in the minimum 100-foot bluff set back requirement ti accommodate a 16'x36' in-ground swimming pool, as well as excavation and regarding, and landscaping. Th~ requested vadance is not substantial for an elevated, open deck, resultinq in a 10% reduction from the 100-fi setback requirement. The relief requested for the deck is for a 10 ft. reduction from the top of the bluff, for a~ elevated, open deck. The deck will not require extensive excavation for an in-ground foundation since it will b, elevated on footings at the base of the deck construction. 4. The difficulty bas been self-created. Appellant knew when they applied for a building permit to construe the house in 2002 that the 100-foot setback requirement existed. The difficulty is furthgr self-created by th Page- 3 ~ August 7, 2003 Appl. No. 5319- John Hurtado, Jr. 14-2-3.6 at Orient fact that the in-ground swimming pool could be placed with increased setbacks from the top of the bluff. By design and/or during planning stages, an increased setback from the Coastal Zone Erosion Hazard boundary and from the top of the bluff would not only protect the sensitive bluff area, but would also eliminate the negative impacts to nearby properties. The applicant's claim did not include actual cost estimates, or expert evidence, to substantiate that there is no other alternative feasible to locate a pool. 5. A) The proposed variance with respect to the pool location will have an adverse effect or impact on the physical or envi~'onmental conditions in the ne clhborhood. The lot is sloping towards Grandview Drive right from the bluff top edge. So s are being eroded from the lot and being dragged on by vehicle traffic since there is no stabilized construction entrance. EroSion along bluff areas in this sound-front community has existed for some time. Th'e report issued May 9, 2003 by the Suffolk County Soil and Water Conservation District states that the bluff toe is not stabilized with any hardening structure, nor are there any to either side of this parcel. There are many glacial erratics present along the shoreline which is indicates underlying long-term instability of the shoreline topography on, and adjacent to applicant's property. Although the owner-applicant will be installing drywells and providing proper drainage to contain runoff on their property in the final construction stages of the new dwelling, the Board believes that risks to the bluff and nearby properties far outweigh the benefits of the proposed variance. B) The variance requested with respect to the open deck will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. A large portion of the deck meets the 100 ft. setback and the remaining portion will be ele. vated construction placed on footings rather than an excavated slab or foundation. The owner-applicant will be installing drywells and providing proper drainage to contain runoff on their property in the final construction stages. 6. Grant of the variance for applicant's enioyment of a deck addition is the minimum action necessary and adequate, while preservinq and protectinq the character of the neiqhborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the abo~/e factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Goehringer, and duly carried, to DENY the pool variance, as applied for, and to GRANT a variance as applied for with respect to the rear yard deck, as shown on the survey plan dated February 6, 2003, prepared by Harry P. Hillebrand, L.S., with the condition that the applicant and future owners follow the recommendations given by the Suffolk County Soil & Water Conservation District dated May 9, 2003 (copy attached for reference). This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly 2003 APpl. No. 5319- John Hurtado, Jr. 14-2-3.6 at Orient Vote of the Board: Ayes: Members Tort hri~'er, Orlando, and Oliva. Member Horning of Fishers Island. This ~solu,1~ofl/~s .d'ul.y,~'do.~d_ (4-0). II, l/,~/I ( U/ ~/I~fi(~ Vin~'dn~ O'rlando,"~Ch-a~man Pro Tem 9/4/03 Approved for Filing (Absent was: Joseph Fischetti,..,s.c. PROFESSIONAL ENGINEER 1725 HOBART ROAD / PO Box 616 SOUTHOLD, NEW YORK 11971 TEL:631.765.2954, FAX:631.614.3516 · e-mail:joseph@fischetti.com Patricia C. Moore 51020 Main Road Southold, NY 11971 Date: Reference: Grandview Drive April 3, 2009 Hamilton / 2670 Dear Ms. Moore, I have used the site plan Sheet #2 prepared for the Hamilton Residence to complete area calculations as follows: The new pool, masonry patios, and spa take up and area = 1633 square feet The portion of the new structure that overlaps the areas of the old wooden deck structure = 190 square feet. HILLEBRAND LAND SURVEYING P.C. I I Churchill Lane Smithtown, New York 11787 Phone: 631-543-5139 Fax: 631-543-0063 Email:mapmaker$~optonline.net Name: ~IY~! ~tA Organization NamodDept: CC: Phone number: ~ number:. Urgent For Review Please Comment Please Reply FAX TRANSIqlTTAL FORM Fram Michael Hillebrand Phone: 631-543-5139 Fax: 631-543-0063 Email:mapmakers~optonline.net Date sene Time sent: Number of pages including cover page: f~essa~e: PLEASE CALL IF YOU HAVE ANY QUESTIONS. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsey Perkins Secretaries April 8, 2009 Michael Verity Chief Building Inspector 53095 Main Road Southold, NY 11971 Att: Vicki (BY HAND) Re: William E. Hamilton SCTM#1000-14-2-3.6 Dear Vicki: A notice of disapproval was issued on March 23, 2009 with regard to the above property for setback from the top of bluff for the proposed construction of a deck and pool. In review of the notice, the definition of ~buildable lands" requires a variance for lot coverage. The new definition of ~'buildable lands" excludes ~land seaward of the coastal erosion hazard area line, beaches, bluffs, primary dunes, and secondary dunes, as these terms are defined in Chapter 111. This parcel is on Long Island Sound, the Coastal Erosion Hazard Line was shown on the survey and is shown on the latest survey (the updated survey has added the fence) dated March 31, 2009 and on Joe Fishetti's plan (already in your file). The surveyor and Engineer have provided the following square footage (letters attached): buildable land area to CEHA 29,406 sf (top of bluff is seaward of CEHA) (on subdivision map, deed & taxed lot area 49,515 sf) dwelling 4340 sf front porch 337 sf 2nd floor balcony 37 sf deck 1589 sf wood steps 114 sf roof at southwest corner (less overlap)- 225 sf Existing: 6,648 sf Proposed: Pool, patio & spa 1,633 sf (22.6% lot coverage) (w/o steps) 8,275 sf less overlap deducted from existing deck: -190 sf Total: 8,085 sf divided by buildable land area: 27.5% lot coverage Please refer to both maps in your notice of disapproval. cc: Mr. Hamilton Mr. Fischetti, PE cia C. Moore William E. Hamilton 35 Mount Vernon Street Ridgefield Park, New Jersey 07660 Phone: 201-440-9200 Fax: 201-440-6981 December 12, 2008 RE: 2670 Grandview Drive Orient, NY To Whom It May Concern: Please be advised that Patricia C. Moore is the writer's attorney, and is authorized by William E. Hamilton to make any and all applications for construction of pool and alterations to the existing deck to all applicable agencies. Ve,~nly~0urs, ~ Will'mnfE. Hamilton rim "'{~0RN ~O",~ORE ME THIS ,r~ t2~}1 Di~Y 0F DECEMBER 2008 s AUGUST 29, 2011 Lydla.~. Tortora, Chalrwo~n Southold Tom Board o£';~peals P.O2 Box 1179[[S3095 Main.Road May 9, 2003 . ~ Paul A. TeNyenhuis, Senior Soil District Tec~ician TOWN OF SOUTHOLD ~OPERTY RECORD CARD ~ /S~S. ~ VL. FARM COMM. CB. MICS. Mkt. Value ~ND IMP. ~TAL DATE R~RKS W~lond FRONTAGE ON ~OAD ~. ~ ~) ~e~dowbnd DEPTH :: ~- ~. Hou~ Plot BULKM~D Tot~ I 14-2-3,6 1/04 Bldg. ixtension {xtenslon ixtension iarage ). B. ~ ~- ~r~ ¢=~r~ Foundation Basement ~ *-.~c. Floors Exit. Wails Interior Finish Fire Place ~ ,.,_¢~ Heat Pool Attic Patio Rooms 1st Floor Driveway Rooms 2nd Floor ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net TO: FROM: DATED: RE: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Elizabeth A. Neville April 16, 2009 Zoning Appeal No. 6299 1 6 2009 Transmitted herewith is Zoning Appeals No. 6299 of Patricia Moore for William Hamilton the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Application's Project Description Dated March 31, 2009, Short Environmental Assessment Form Dated April 8, 2009, LWRP Consistency Assessment Form 5 pages Stamped April 9,2009, Transactional Disclosure Form Dated April 8th, 2009, Agricultural Data Statement Dated April 8, 2009, Cover Letter From Patricia Moore Listing Items Sent Dated April 8, 2009, 4 pages of Findings, Deliberations and Determination of August 7, 2003, Letter from Joseph Fischetti about Area Calculations Dated April 3, 2009, Fax Transmittal Form from Hillebrand Land Surveying Stamped April 9, 2009, Notice of Disapproval Dated March 23, 2009 Revised April 8, 2009, Letter from Patricia Moore to Michael Verity Dated April 8, 2009, Authorization Letter to Patricia Moore from William Hamilton to Represent them in this Matter, 2 Pages of Property Record Card, Letter from Tenyenhuis Senior Soil District Technician to Mrs. Tortora Dated May 9, 2003, 6 pages of copies of Floor Plans Dated April 9, 2009, 7 Pages of Photographs Dated April 10, 2009, 2 pages of Survey Maps Dated Final December 18, 2003, 1 Site Plan prepared by Joseph Fischetti Dated 12/18/2003 Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 04/14/09 * * * RECEIPT * * * Receipt#: 45530 Transaction(e): 1 I Application Fees Reference Subtotal 6299 $600.00 Check#: 7673 Total Paid: $600.00 Name: Moore, Patricia 51020 Main Rd Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6299 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4/9/09 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED ~PR ] 4 2009 6299 HAMILTON, William 7673 $600.00 $out~ old Town Clerk · $600.00 By .L~.~'- Thank ou. 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 30, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ JULY 30~ 2009: 11:20 A.M. WILLIAM E. HAMILTON #6299. Requests for Variances under Sections 280-4(B), 280-18, and 280-116A(1), based on the Building Inspector's revised April 8, 2009 Notice of Disapproval concerning a proposed swimming pool, deck, and raised patio construction, which new construction areas will be: (a) less than 100 feet from the top of the L.I. Sound bluff or bank, and (b) greater than the code-limitation of 20% lot coverage on this +1- 29,406square feet of buildable land, located at 2670 Grandview Drive, Orient; CTM 1000-14-2-3.6. 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: July 6, 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of WILLIAM E. HAMILTON (Name of Applicant) SCTM Parcel #1000-14-2-3.6 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, Margaret Rutkowski, residing at Mattituck, New York, being duly sworn, depose and say that: On the 10TM day of July, 2009, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office ., 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. (Sig~ature~' Margaret Rutkowski Sworn to before me this day of. July, 2009 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. HAMILTON SCTM: 1000-14-2-3.6 MATHIAS & MAUREEN MOONE 100 BEACH ROAD, UNIT #804 TEQUESTA FL 33469 SCTM: 1000-14-2-3.5 MARK & HELEN LEVINE 134 PARK PLACE BROOKLN NY 11217 SCTM: 1000-14-2-3.7 MAUREEN MOONE TRUST 100 BEACH ROAD, UNIT #804 TEQUESTA FL 33469 SCTM: 1000-14-2-3.17 RECEIPT 71926463311000004582 FROM: PATRICIA C MOORE ESQ RE: hamilton zba SEND TO: MATHIAS & MAUREEN MOONE 100 BE~CH ROAD, UNIT #804 TEQUESTA FL 33469 FEES: potage 044 RECEIPT 7192 6463 3110 C000 4599 FROM: PATRICIA C MOORE ESQ RE: hamilton zba SEND TO: MARK& HELEN L EVIItlE RECEIPT 7192 6463 3110 CO00 4605 FROM: PATRICIA C MOORE ESQ RE: hamilton zb~l SEND TO: MAUREEN MOONE TRUST FEES: Postage 044 FEES: ' ~,,~. TMARK QR~A, TE T(~" '&,.)'~1'~,.54 ,fI~TMARK OR'~ ~PATRIcIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (63 !) 765-4330 Fax: (631) 765-4643 July 10, 2009 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: WILLIAbI E. t{A~ILTON PROPERTY LOCATION: 2670 Grandview Drive, SCTM:1000-14-2-3.6 Orient Dear Neighbor: I represent William Hamilton with regard to his above referenced property. He has submitted a request to the Southold Town Zoning board of Appeals to construct a swimming pool, deck and raised patio which new construction areas will be less than 100 feet from the top of the LI Sound bluff or bank ,and greater than the code limitation of 20% lot coverage o this +/- 29,406 square feet of buildable land. A copy of the legal notice is enclosed together with a copy of the survey The hearing on this matter has been scheduled for THURSDAY, JULY 30, 2009 at 11:20 a.m. at Southold Town Hall, 53095 Main Road, Southold, New York. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Ve~truly yours, encls. C: Mr. William Hamilton Joseph Fischetti, PE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of WILLIAM E. HAMILTON Regarding Posting of Sign Upon Applicant's Land Identified as 1000-14-2-3.6 COUNTY OF SUFFOLK) STATE OF NEW YORK) SIG AFFIDAVIT OF JUL 2 8 2009 I, Patricia C. Moore, residing at 370 Terry Lane, Southold, New York 11971 being duly sworn,,depose and say that: On the/~) day of July 2009,1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the 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 the date of the subject hearing date, which hearing date was shown to be Thursday, JULY 30, 2009. Patr _~..~-_~)~. ~re~~ ~,~,~n to before me this day of July, 2009 *near the entrance or driveway entrance of the property, as the area most visible to passersby. PATRICIA C. MOOREESQ-~- 4. Restricted Delivery? -- 1020 MAIN ROAD SO~THOLD NY 11971 7192 6463 3110 0000 4582  e~ By: (Pl~se Print Clea~y) ~~ 7192 6463 3110 0000 4582 MATHIAS & MAUREEN MOONE 100 BEACH ROAD, UNIT #804 TEQU£STA FL 33469 PATRICIA C- MOORE ESQ- MAIN ROAD SOUTHOLD NY 11971 Sigr~ure: ([3Ac,~ressee or DAggnt} B. Rc:Jc/eived By: (Please Print Clearly) I2. Art:l:9N~m:~63 3110 0000 4636 7192 6463 3110 0000 4636 Article Addressed To: MICHAEL COLAVITO 198 DURBY STREET E- WILLISTON NY 11596 PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 7192 6463 3110 0000 4599 MARK & HELEN LEVINE 134 PARK PLACE BROOKLN N~11217 I~IONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.norttzfork.net June 29,2009 Re: Town Code Chapter 55 - Public Notices for Thursday, July 30, 2009 Hearing Dear Sir or Madam: Please find enclosed a copy of the Eegal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before July/~'~ Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another 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 arranqements were made in either a written statement, or during the hearinq, providing the returned letter to us as soon as possible; AND not later than July 15th.'_ Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later July 22nd: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the'additional front yard. Please deliver or mail your Affidavit of Posting for receipt by our office before July 28, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. #9372 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Matfituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published et Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1~ week(s), successively, commencing on the 16th day of July, 2009. Principal Clerk Sworn to before me this LEGAL NOTICE SO UT]FIOLD TOWN ZONING BOARD OF APPEALS day of ~ 2009. NOTARY PUBLIC-STATE OF NEW YORK No. 0!-V06105050 Qualified in Suffolk County t/on will be: a) ~ess than code-required minimum 75 feet Irom the bulkhead b) less than a minimum 10 fl single side yard; c) ess than 25 [eet for combined side yard setbacks; d) less than the code required mini- nlUlll leaf yard setback of 35 Itel; e) greater Ihan the code limitatioa of 2(1"/o lot coverage on this parcel coniain inn less than 4,70~ square feet of build able for review dulSng regular business with: houri and I~nor to the day of the hear Dated: July ?, 2009. ZONING BOARD OF APPEALS GERARD ~ GOEHRINGER, CHAIRMAN BY LINDA KOSVAL.~ KI 54375 Main Road (Office Legation ) 53095 Main Road (MailinffTjSp£) SOU thllld, Ny 119710959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME HAMILTON, WILLIAM #6299 MAP # 14-2-3.6 VARIANCE SETBACK & LOT COVERAGE REQUEST POOL, DECK & RAISED PATIO DATE: THURS,JULY 30, 2009, 11:20 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 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 76S-1809 Fax (631) 765-9064 April 15, 2009 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA File Ref. No. 6299 (HAMILTON) Dear Sir or Madam: We have received an application for a project adjacent to Long Island Sound in Orient, NY, and shown on the enclosed site map. The hearing on this application is expected to be held in approximately 6 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this. proposal. Thank you fd~r your assistance. Very truly yours, Gerard P. Goehringer Chairman 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 April 15, 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. 6299 (HAMILTON) Dear Mark: We have received an application for additions and alterations, 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 und~.r the Code procedures of LWRP Section 268-5D. Thank you. Very truly yours, Gerard P. Goehringer Chairman Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) 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 April 15, 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 Articl6'XIV of the Suffolk County Administrative Code: ZBA File#6299 : Owner/Applicant: HAMILTON Action Requested: Setbacks and Lot Coverage (Variances) 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 If any other informgtion is needed, please dO not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman BOTTOM OF BLUFF WOOD PLAT. WOOD~ I RELOCATED DRYWELLS NE]AL :ENC~ pATIO EXISTING ;ANITARY EL 47 O' 16.00' OI OL TWO STORY BRICK $ FRAME DWELLING FF: EL 475' 1~.00' SITE PLA! SCALE: 1" = 20'~ ON. )N WOOD P LAT. WOOD[ WAL~i ~:: BOTTOM OF BLUFF TOp OF BLU? EX, DECK EL. 47.0' 16.00' ,NON. TWO STORY BRICK ~ FRAHE DWELLING N cO MO, 49.5 AREA FENC~ ASPHALr DRIVE APPROVED BY BOARD OF TRUSTEES TOWN OF $OUTHOLD IDATE /~//~' :~ -2. ~ SEPTIC SYSTE~ WATER L/NE AND DRYWELLS PER OTHERS SURVEY OF tO~ 2. NAP OF GRANDV/E~ E$~A~E$ ~ ORIENT F/tED JUNE 8. /~82 Fire NO. 708~ ~/~UA ~ED ~ ~ OR/EN~ TO~N OF $OU~HOtD. ~UFFOLK COUNTK NE~ YORK .SCALE , I' - 40' SURVEYED: F/NAt: DECEMBER 18. 2005 ADD DRYWEttS PER OTHERS: JULY I. 2004 ./ TO DA TS: FEBRUARY 8. 2005 ./ N6~ TO DA TS: MARCH $1. 2009 /~,,,%~..~,~~. ~ ( ELEVATIONS NOT UPDATED ) ~¢ ' D/STRICT SECT/ON BLOCK LOT ,., ~ I000 14 2 ~. G EASEMENTS AN/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UN£ESS PNY$/CALLY ~V/D£N[ A~ THE T/NE OF SURV£Y. . . N 908. 83' SSpI]C S~SIS~. ~IER tINS ~ND DRY,ELLS PER OTHERS $URVEY OF tOT 2. W~p OF GR~NDVIE~ 681~168 ~I ORIENT F/tED JUNE 8. 1982 P/rE NO. 7088 sIIO~ 16o ~ I ORIEN~ rOaN OF 80UIHOtD. $oPPOtK O00yIl NE~ YORK 8C~t6 · I' - 40' $URVEYED: FIN~t: DECENBER 18. 2008 ~DD DRYWEtt$ pER OrHER$: JULY ~ 2004 EASEMENTS AN/OR SUBsURFAcE sTRucTuREs RECORDED OR UNRECOROED ARE Nor GUARANTEED UNLESS PHYSICALLY EVIDENT AT THE rlOE OF SURVEY TO DA T~' FEBRUARY 8. 2005 "~.~ '~: ~ ~0 D~I~' N~RCH ~ 2005 rye o~ser~ oo z~e~s~oys soo~y ~o~ ~o~ rye ~.o?6~rr u~es ro roe sr. ucrooes ~ ~o~ ~ ~?6oE~c ~o~ YORK SUrE EDUCATION LA~ ~ SUFFOLK COUNTY TAX MAP SEAL OR EMBOSSED SEAL $H~LL NOT BE CONSIDERED TO COMPANY GOVERNWENI ~GfNCY AND LENDING INSOTUTION CERnF/C~ nONS ~RE NO r rR~NSF~R~aLE rO ~DmnON~L /NS n~unoNs o~ '"~{~~- H I L L EBRAND L AND SUR VEYI NE, P. C. -: .... ' I I CHURCHILL LANE. $MIrHrOWN. NEW YORK ret. { G31) 54~-5139 908. 83' SEPTIC SYS[EW. ~[ER LINE AMD DRY'ELLS PER OKHERS PLO~ 2L~N OF LO[ 2. N~P OF ~N~NDVIE~ ES~E~ ~ 021EN[ FILED dUNE 8, 1982 FILE NO. SIKU~ [ED ~ 021EN~ TO~N OF SOU~NOLD. SUFFOLK COUN~K NE~ YONK SO~LE · I' - ~0' SUNVEYED: FINAL: DEOEWBEN 18, 200~ ADO DRYWELLS PER OTHERS: JUL Y Z 2004 ~o~ ~U~rEEO U~LESS ~r~/C~LLr EW~E~r ~ THE T/UE OX ¢U~VEX ~ TO DA TE: FEBRUARY 8. 2005 '-~' ~' ',, PLOT PLAM' APRIL 2~ 2006 ~H~ stRucTuREs ~RE FOR ~ S~ClFIC ~UR)OSg ~ US~ THER~FOR& rW~r :, ,,: ~, PL 0 T PLAN REVISED: MA Y 24. 2006 E~ECnO~ o~ FENCES. aO~mO~L Sr~UCrU~ES O~ ~ OrWE~ ~M~OVE~EN~ ~ ~ ' Pt 0 ~ PLAN REVISED: AUGUSt 22. 2007 OF SECnON 7209 SUBD/WSXON 2 OF rH~ NgW YORK StArE EDUCATION t~ </~ ~,,.1~ ~ ¢: . ~ SUFFOLK COUNTY TAX MAP co~s o~ r~s sU~VEr ~ ~or ~E~ ~E ~ SU~rErO~'S ~EO ,i ~ D I S TR I CT SEC TI ON BLOCK L 0 T SEAL OR EMSOSSED SEAL $H~LL NOT BE CONSIDERED TO BE ~ VALID TRUE COPY CE~nF~C~ ~o~ ~E ~0~ r~SFE~a~ ~0 ~mno~ XNCn~un~s o~~ ~ H I LLE~RAND LAND SURVEYING. ~. C.