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Home My WebLink AboutTR-7120April 12, 2012 To the 5outhold Board of Town Trustees, As requested by your department, this letter is to advise you that we have removed our portable hot tub and we will not be replacing it. Thankyou, Robert & Beth Anello 1980 Leeton Drive 5outhold, NY 11971 765-3413 , ' APR 16 2012 James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1392 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 0739C Date: April 11, 2012 THIS CERTIFIES that the replacement of the roof over the existing dwelling with new design pitch, and for the existing boardwalk (deck at grade) behind existing bulkhead At 1980 Leeton Drive, Southold, New York Suffolk County Tax Map # 58-2-13 Conforms to the applications for a Trustees Permit heretofore filed in this office Dated October 29, 2008 pursuant to which Trustees Wetland Permit #7120 Dated June 24, 2009 and Trustees Coastal Erosion Permit #7120C Dated June 24, 2009 was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the replacement of the roof over the existing dwelling with new design pitch, and for the existing boardwalk (deck at grade) behind existing bulkhead The certificate is issued to ROBERT & BETH ANELLO owner of the aforesaid property. Authorized Signature James F. King, President Bob Ghosio, Jr., Vice-President Dave Bergen John Bredemeyer Michael J. Domino Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD DATE OF INSPECTION: X Ch. 275 Ch. 111 INSPECTION SCHEDULE __ Pre-construction, hay bale line/silt boom/silt curtain 1st day of construction ½ constructed Project complete, compliance inspection. INSPECTED BY: ~'~~'~')/ ~ COMMENTS! CERTIFICATE OF COMPLIANCE: 04/27/2010 16:36 FAX 63[ 765 4643 MOORE LAW OFFICES ~ Trustees ~001 PATRIClA C. MOORE Attorney at Law 51020 Main Road $outhold, New York 11971 Tel; (631) 765-4330 Fax:: (631) 765,.4643 April 27, 2010 Board of Trustees Town of Southold P.O. Box 1179 Soutbold, NY 11971 I~: ANEL~O R & B Permit #7120 PREMIS~S~ 1980 L~ETON DRIVE, SOUTHOLD SCTM # 1000-58-2-13 APB 2 $ 2010 Dear President Doherty & Board members: This letter is to confirm that your Board does not require an amendment to the above permit and that we can proceed with our building permit application Thank you. Ve ~t-~ y yours, ~. Moore PCM/bD encls. C: Pat conklin, Building Department (w/copy of 4/23 letter & enclosures) Mr. & Mrs. Robert Anello (w/c~py of 4/23 letter & enclosures) PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 April 23, 2010 RE: ANELLO R & B Permit #7120 PREMISES: 1980 LEETON DRIVE, SOUTHOLD SCTM # 1000-58-2-13 Dear President Doherty & Board members: With reference to the above, you issued a permit for alterations to the existing roof and roof over the existing deck. I submitted a survey showing the existing structures which will not be changed. You had in you file an old set of plans with a roof design from 2008, the applicants had changed the design of the replacement roof prior to your hearing (they added a cupola) but I was advise that you did not need the revised plans because I provided a revised survey which showed the area of activity and we are making roof alterations to the existing structure. My client is ready for a building permit and the building department has asked me to request a letter from you that we can proceed with the permit. I have enclosed a simple drawing of the roof design. If you require an amendment of the permit with the change to the design of the roof please let me know. Thank you. ~ Ver~y yours, ~r'icia c. Moore SECOND FLOOR SOUTH EAST ELEVATION FIRST I~LOOR PLAN scale:l/4"= 1'-~3' NORTH WEST ELEVATION Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS R~CEi¥1:D TOWN OF SOUTHOLO Tel. (631) 765-1~ F~ (631) 7~-~ FINDINGS DELIBE~TIONS AND DETERMINATIO~~''~ , MEETING OF MARCH ~6, 2010 ZBA FILE #6370 NAME OF APPLICANT: Robert & Beth Annello PROPERTY LOCATION: 1980 Leeton Dr. (adjacent to Long Island Sound) Southold CTM#58-2-13 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 (;;QUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 5, 2008 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: This property is a non-conforming 6825 sq. ft. (to the coastal erosion hazard line) lot measuring 50 feet on Leeton Dr., 155.30' along the easterly property line, 153.63' along the westerly property line, and 50.03' along the L.I. Sound. The parcel is improved with a two story frame home, hot tub, decks and an accessory shed. LWRP DETERMINATION: This application has been reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards on April 21, 2009 and was recommended as inconsistent. The coastal consistency review recommended the establishment of a 15' non-disturbance buffer incorporating the remaining existing vegetation landward of the bulkhead and adjacent to the deck. The Zoning Board of Appeals approved the action on May 28, 2008 (#6242) and established a non-turf vegetative buffer on both sides of the seaward deck. Based upon this condition the Zoning Board of Appeals furthered the policies of the LWRP to extent practicable. The amended proposal includes no ground disturbance and therefore, the amendments are not significant enough to warrant a re-review of the action. BASIS OF APPLICATION: Request for Variances from Code Sections 280-124 & 280-116A(2) based on an application for building permit and the Building Inspector's January 15, 2010, Notice of Disapproval concerning proposed additions and alteration to a single family dwelling, (1) less than the code required minimum side yard setback of 10 feet, (2) less than the code required .total side yard setbacks of 25 feet, (3) less than the code required setback to sounds of 100 feet, (4) proposed second story addition is a deviation from ZBA decision # 6242. RELIEF REQUESTED: The applicant is requesting a minimum side yard setback of 8,6 feet, where 10 feet is required and total side yard setback of 17.6 feet, where 25 feet is required and a rear yard Page 2- ~c~ 16, 2010 ZB^ File#63?0 - Anello CTM: 1000-~8-2-13 at 1980 Lccton D~., (adj Lon8 Island Sot~d) $out~oid setback of 32 feet, where 35 feet is required. Additionally, the applicant requests a setback of 32 feet from Long Island Sound, where 100 feet is required. The proposed second story addition is a deviation frem the prior ZBA grant #6242 in regards to the noted setbacks. The applicant proposes to make structural repairs and alterations to the roof of the existing dwelling. These alterations include new second story reof, altered second story reofed over porch and a copula. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on February 25, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the preperty, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Town Law §267-b(3)ib){l) Grant of the variance for the new roof line and copula will not produce an undesireble change in the character of the neighborhood or a detriment to nearby properties. The same or similar or similar properties on Leeton Dr. fronting on the L.I. Sound are very similar to the applicants' preperty. The adjacent lot sizes are non-conforming in area and setbacks, and are improved with cottage-like seasonal dwellings built in the 60's and 70's. Many of the lots, because of size, require lot coverage variances when specific imprevements are requested fi.om the Building Department. Therefore, any additions or alterations will increase the degree of nonconformance, and per the Walz decision will require a variance. This alteration to the existing dwelling will remedy the persistent roof leaks and improve the appearance of the dwelling. Grant of the variance for the proposed roof over the shore side deck will produce an undesirable change in the character of the neighborhood since the permanent structure will change the open look of the shorefront. Town Law §267-b(3)(bl(2) The benefit sought by the applicant for the new roof line and copula cannot be achieved by some method, feasible for the applicant to pursue, other than an area vadance because of the pre-existing setbacks that were established during much earlier zoning requirements. However, the proposed roof over porch can be achieved by some method, feasible for the applicant to pursue, other than an area variance since sun control can be achieved by a retractable awning or large umbrella, rather than with a permanent roof addition. Town Law 6267.b(3)(b)(3) The proposed setback variances requested herein were granted under appeal #6242. While the setback variances granted under the prior Appeal were substantial mathematically, the Board determined them to be insubstantial, in so far as no increase in the pre- existing non-conforming setbacks was proposed. These same pre-existing non-conforming setbacks will be maintained by the new proposed second story roof line and copula. However, the proposed second story roof extension over the pre-existing non-conforming second story open deck will increase the degree of non-conformance Town Law §267-b(3){bl{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 Ihe neighborhood. The applicant will comply with the recommendations of the LWRP and the condition in the Board of Appeals previous decision to maintain a 15 ft. vegetative buffer between the dwelling and the bulkhead. The new roof will be fitted with gutters and leaders into drywells as per code to control roof run off. Town Law ~267-b(3)(b)(5! The difficulty is not been self-created, but is the nature of the existing non- conformities that are part of this and many parcels in the immediate neighborhood. Town Law 6267-b. Grant of this variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new and impreved roof, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page ~ March 16, 2010 ZBA File#6]70 - Ane}lo CTM: 1000-58-2-i3 at 1980 Leeton Dr., (adj. Long Island Sound) Southold RESOLUTION OF THE BOARD' In considering all of the above factors and applying the balancing test under New York Town Law 287-B, motion was offered by Member Goehdnger, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance, for the new roof line and copula, as applied for, and shown on the plans and specifications prepared by Chorno Associates, Architects, Dated 8/10/09 and received by the ZBA Office and made part of this file on 1/22/10. DENY, the variance for the second story roof extension over the existing second story open deck, as applied for, Conditions: 1~ The applicant will comply with the recommendations of the LWRP and the condition in the Board of Appeals previous decision to maintain a 15 ft, vegetative buffer between the dwelling and the bulkhead. 2. The new roof will be fitted with gutters and leaders into drywells as per code to control roof run off. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer, Schneider, Weisman (Chairperson). (Absent was: Member Herning) This Resolution was duly adopted (3-0-1). Abstain: Member Dinizio. Leslie Kanels Weisman, Chairperson Approved forfiling .,2 ~ /2010 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION ~AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line st 1 day of construction % constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7120 ISSUED TO: ROBERT & BETH ANELLO DATE: JUNE 24~ 2009 PROPERTY ADDRESS: 1980 LEETON DRIVE~ SOUTHOLD SCTM# 58-2-13 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code ofthe Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on June 24. 2009, and in consideration of application fee in the sum of $500.00 paid by ]~obart & Beth Anello 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 replace the roof over the existing dwell, lng inkind/inplace with new design pitch and for the existing portable hot tub, and fi Wetland permit and Coastal Erosion Permit for the existing boardwalk (deck at grade) behind the existing bulkhead, with the condition of the installation of pavers along the side of the house and the walkway on the seaward side of the dwelling, and as depicted on the survey prepared by Peconic Surveyors, P.C. last dated August 24, 2009, and received on Nogember 10, 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 this date. TERMS AND CONDITIONS The Permittee Robert & Beth Anello, residing at 1980 Leeton'Drive, Southold, 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 ~;ill be notified by the Permittee of the completion of the work authorized~ ~ That the Permitte6 will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obta'm same. 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 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT Permit #: 7120C Date: June 24, 2009 SCTM#: 58-2-13 Name of Applicant/Agent: Patricia C. Moore, Esq. Name of Permittee: Robert & Beth Anello Address of Permittee: 1980 Leeton Ddve, Southold, New York Property Located: 1980 Leeton Drive, Southold, New York DESCRIPTION OF ACTIVITY: Coastal Erosion Permit for the existing boardwalk (deck at grade) behind the existing bulkhead. The Coastal Erosion Management Permit allows for the operations as indicated on the survey prepared by Peconic Surveyors, P.C., last dated August 24, 2009, and received on November 10, 2009. Permit to construct and complete project will expire two years from the date the permit is signed. INSPECTION: Final Inspection SPECIAL CONDITIONS: (apply if marked) N/A Bluff restoration through a re-vegetation plan is a necessary special condition of this permit. N/A A relocation agreement is attached hereto and is a necessary special condition of this permit. N/A A maintenance agreement is attached with application and is a necessary special condition of this permit. Board of Trustees James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town H~lAnnex 54375MainRoad P.O. Box 1179 Southold, New York 11971-0959 T~ephone(631) 765-1892 Fax(631) 765-6641 June 24, 2009 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD Ms. Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: ROBERT & BETH ANELLO 1980 LEETON DRIVE, SOUTHOLD SCTM# 58-2-13 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, June 24, 2009 regarding the above matter: WHEREAS, Patdcia C. Moore, Esq., on behalf of ROBERT & BETH ANELLO 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, and Chapter 111 of the Southold Town Code, Coastal Erosion Hazard Areas, application dated October 29, 2008, 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, in accordance with Chapter 268, of said application to replace the roof over the existing dwelling inkind/inplace with new design pitch and for the existing portable hot tub be found Exempt from the Local Waterfront Revitalization Program policy standards, and, WHEREAS, the LWRP Coordinator recommended that the proposed application for the existing boardwalk (deck at grade) behind the existing bulkhead be found Inconsistent with the LWRP WHEREAS, the Board of Trustees has furthered Policy 4.1 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: pavers along the side of the house, and WHEREAS, a Public Headng was held by the Town Trustees with respect to said application on June 24, 2009, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 and Chapter 111 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 ROBERT & BETH ANELLO to replace the roof over the existing dwelling inkind/inplace with new design pitch and for the existing portable hot tub, and a Wetland Permit and Coastal Erosion Permit for the existing boardwalk (deck at grade) behind the existing bulkhead, with the condition of the installation of pavers along the side of the house and the walkway on the seaward side of the dwelling, and as depicted on the survey prepared by Peconic Surveyors, P.C. last dated August 24, 2009, and received on November 10, 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, JaYmes F.~ing ~ President, Board of Trustees JFK/eac James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Please be advised that your application'dated ('~" ~',, c,~:~as been reviewed by this Board at the regular meeting of and your application has been approved pending the completion of the following items checked off below. ~/' R~vised Plans for proposed project ~5~<~.~;~ __ Pre-Construction Hay Bale Line Inspection Fee ($50.0.0) __ 1st Day of Construction ($50.00) __ ¼ Constructed ($50.00) V/'' Final Inspection Fee ($50.00) __ Dock Fees ($3.00 per sq. ft.) Permit fees are now due. Please make check or money order payable to Town of Southold. The fee is computed below according to the schedule of rates as set forth in Chapter 275 of the Southold Town Code. ' The following fee must be paid within 90. days or re-application fees will be necessary. You .will receive your permit upon completion of the above. COMPUTATION OF PERMIT,FEES: TOTAL FEES DUE: $ ~,~-~(:~ q~ BY: James F. King, President Board of Trustees James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. PO. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631 ) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: ~ ,- (¢2- ~<~ ROBERT & BETH ANELLO request a Wetland Permit to replace the roof over the existing dwelling inkind/inplace with new design pitch and for the existing portable hot tub, and a Wetland Permit and Coastal Erosion Permit for the existing boardwalk (deck at grade) behind the existing bulkhead. Located: 1980 Leeton Dr., Southold. SCTM#58-2-13 ~ea to be impacted: __Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland own Code proposed work falls under: .275 Chapt. 111 other Type of Application: ~eUand __Coastal Erosion ._Administrative__Emergency Pre-Submission __ --Amendment Violation Info needed: Modifications: Conditions: Present Were: ~.King ~M~oherty __P.Dickerson __ __ D. Dzenkowski __Scott Hilary__other Form filled out in the field by D~. Bergen~.Ghosio, Mailed/Faxed to: Date: 06/03/2009 12:48 FAX 631 765 4643 TownAnn~/FirstFloor, C. apita]OneBank M375MainRoad(atYoungsAvenue) Southold, NYl1971 MOORE LAW OFFICES ~ Trustees ~002 53095 Main Road P.O. Box 1179 Sou~hold, NY 119714)959 bt ~p://southoldtown.nor thfork.net BOARD OF APPEALS TOVv~N OF SOUTHOLD Tel. {631) "/~.1809 Fax (631) 76~-906~ FINDINGS, DELIBERATIONS AND DETERMINATION MEETING DATE: Ma~ 28~ 2009 ZBA FILE # 6242 - ROBERT and BETH ANELLO, Applicants CTM 58-2-13 PROPERTY LOCATION: 1980 Leeton Drive, Southold, adjacent to the Long Island Sound SEQ, RA 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 catagop/of the State's List of Actbns, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 5, 2008 staling that this application is considered a matter for local determination as there appeam to be no significant county-wide er inter,community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 6,825 sq. [ lot rneasudng 50 feet wide along Leeton Drive, 155.30 ft. along the easterly property line and 153.63 ft. along the westerly property live. It is improved with a two stop/framed dwelling, shed, hot tub, decks and steps. BASIS OF APPLICATI(~kI: Request f0i' Variances under Sections 280-124, 280-122 and .ZBA Code Infeq~retatio~ (under R. Walz Application ZBA f~5039), based on the Building Inspector's amended October 29, 2008 Notice of Disapproval. New conat~'uclJon is proposed as eddi~ons and alteralJons to the existing single-family dwelling at less than the code-required minimum concerning: (1) side yard less than 10 feet, (2) total side yards less than 25 feet. In eddlfion, a Variance ~s requested for lot coverage exceeding the code limitation of 20% on this nonconforming 6,825 square foot lol." LWRP DETERMINATI(~: A Lei[er'dated April 21, 2009 confirming inconsistency was submitted to the Board of Appeals under Chapter~',9_5, Watedront Consistency Review of the Town of Seutbold Co?e and Local Waterfront Revitelization Program (~WRp) standards. The recommendation in the report reed: 'Requtre a minimum 15 ft. non- disturbance buffer inco(poreting the remaining existing vegetation .landward of the bulkhead and adjacant to the deck.'Note that the buff~.[ should fully incorporate the Coastal Erosion Hazard Area (seawa~ of the Coastal Erosion Rezard Une)." At the r~l~ uast of the Board at the Public Hea~ng on April 23, 2009, the applicant's attorney,.Pa~cia Moore, reviewed that L .V~RP report with Mr. Scott Hlilary Who consulted with Mark Terry and Submitted a latter to the ZBA dated April 27, 2008. Her letter states that she was advised by Mr. Hlilap/that the intent of the LWRP recommendation was to keep the existing vegetation (Montauk Daislas) planted by the applicant on either side of the seaward wood deck. Tl~se native plants serve as a vegetative buffer, not anon-disturbance buffer, because they require pruning. The maintenance of this buffer will reduce adverse environmental impacts caused by the non-' conforming setback from, the bulkhead. 0~/03/2009 12:52 FA~ 63! 765 4643 · .Page 2 -'May 28. 2009 ZBA # 6242 - R. and B. Anello CTM 58-2-13 MOORE LAW OFFICES Trustees ~o01 RELIEF ~: .3'he applicant.proposes to make structural repairs, as needed,' to their as built wood ground . · level and second story decks, at grade boardwalks, and stalin, to change the existing roof pitch (inplace and in kind)' · . over a Small eddition o~ the easterly side of the dWelling, and to.legalize an as but hot'tub which is a temporary . .a, cceas~ .ry.s..~c .~.., .'T .,~. pre-existing non~c0nforming as built seaward deCk Is indicated at'approximately 7 ff from me rear ~o[ ~ine, [me co~e requires a minimum of 35 fi) and 7.7 ff..from the Mean High Water Mark on Long Island Sound. The second stor~ roof replacement is proposed with a single side yard setback of 8.6 ft (the coderequireS a minimum of 10 ~t.), and~a total side yard setback of 17.6 ft, (the cede requires a minimum of 25 ft.), The 'proposed c(~nsttuction indicates a ~tal ' ' · · :. Ioi coverage of 33.8% (code mquiros a maximum of 20%). ADDITIONAL INFORMATION: At the Public Hearing on'April 23, 2009, the applicant agreed to submit an amended survey, and Notice of Disapproval wilfl a reduced lot coverage accomplished., by eliminating the existing 'wood walkways in the front yard and along the westerly side yard and rap!acing with pavem at grade, . ~DED APPLICATION: During the hearing, the applicant was asked to bRng .the plan into more COnformity with the'code.. The applicanti. on May 20, 2009, subm'tted a survey by John'.Metzger dated May 15, 2009 dec'teasing the proposed lot'COverage by 4.2% from 33.8% tO 29.6% by removing 288 sq, ft. of wood walkways thereby bringing the plan into more con~ormi~ with the codes. An amended Notice of Disapproval from the Building Inspector dated May 26, 2009 confirms the proposed 29.6% lot coverage. REASONS FOR BOA ~R~ ACTION: On the basis of testimony presented, materials submitted and personal inspecti6ns, the'Board rf[~kes the fo lowing findings: .) 1. Town Law .~267-b(3)~}(3}(1). Grant of the va#ances will not produce an undesirable change in the character Df the neighborhood or a d~r~ment to nearby proPerties. The properties on Leeton. Drive along Long Island Sound am- typically similar to the applicant's in that many am small, non-conforming pamels improved with dwellings Originally. . built ,as,, s.umm.,e.r cottages..,. Many :hav~ excessive lot COverage and .w~ decking right up to the wood bu kheed (there is no o~u~ in mis secfion:of the Sound) The applicant is not proposing to enlarge the existing dWi~ling, but rather to make in kind and in ~1ace structural mpaim that will maintain the pre-existing non-conforming setbacks. The alteration.to the existing roof is proposed to remedy persistent leaking and improve the appearance of the dwelling. The as built hot tub is a small temporary accessory structure that provides an amenityfor the homeownem. 2. Town Law .~267-b(3}~b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for zt~or .appl'?l. t to p.u~ue;~ther than all area variance because the pre-mdsting setbacks were establid~ I:~ to on~ng eno any coOl[IOnsror alterations will increase the degree of nonconformance, b'igge~ng the Walz'decision and requJnng.a vanance, 3. ~ The setback variances granted herein am not substantial in so far as they am not changing any existing ~tbacks, While the I:iroposed lot COverage is a substantial variance, it is typical in the applicant's~ neighborhoo~i 4. Town Law §267-b(~)(b){5). The dlfficu!ty has not been seE-created, but is the result of p .m-existing non- conformities. 5. Town Law ~267-bI3}(b)(4}. No evidence has',been submitted to .suggest that a vadance in this residential community will have an adverse impact on the physical or environmental conditions in the ne~hborhood. The property is protected by a bulkheed that ~ in excellent COndition, them is no bluff, and the wood decks and walkweys are pervious structures ~ sand with. no drainage problems, seawad wood ~deck, planted with native plants such as Monteuk Daisies or Rosa Rugesa es per the recommendation of ~he LWRP Report That the above condition's be wr/Uen into the Building Inspector's Ce~if~ate of Occupancy, when issued. Any deviation 6'om the veriml~ given such as extensions, or demolitions wfl~ are not shown on th'e applicant's diagrams or survey site mags, are not authorized 'under this appitcalion when involving nonconformi~as under the zoning.code, This ~ doss'not authorize or condone any currant or futu~use; setback or other feature of the subject peoperty that may violate,the. Zonlag ~ode~ other than such uses setha~:~s and o~r fea~res ~ am expressly addressed In this acfJon, ' The Board. rasen'es the tight'Jo substitute a sitar d~s gn Ihat is de minimis n nature for an alteration that does not increase the degree Of nonconformity, Vote .of the ..Board: Aye: Members Goehringer (Cha rman), Simon, Weisrnan and Schneider (Member O va was absent.) Tbs Resolutid~was duly adopted (4-0).' ~ ~ ' ' ' . "· / GE~'~5. GOEHRINGER, CHAIRMA~ 6/'1 ~9 ' .i ~.~..,A~oved for Filing ,' Donald Wilder, Chairman Lauren Standish, Secretary Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Conservation Advisory Council Town of Southold At the meeting of the Southold Town Conservation Advisory Council held Wed., December 3, 2008, the following recommendation was made: Moved by Don Wilder, seconded by James Eckert, it was RESOLVED to SUPPORT the Wetland Permit and Coastal Erosion Permit applications of ROBERT & BETH ANELLO to replace the roof over the existing dwelling inkind/inplace with new design pitch and for the existing portable hot tub and existing boardwalk (deck at grade) behind the existing bulkhead. Located: 1980 Leeton Dr., Southold. SCTM#58-2-13 Inspected by: Don Wilder, James Eckert, Doug Hardy The CAC Supports the applications with the Condition gutters and drywells are installed to contain roof run-off and the boardwalk is replaced with open-pervious decking. Vote of Council: Ayes: All Motion Carried James F. King, President Jill M. Doheny, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. P.O. Box 1179 Southold, NY 11971 Telephone (63 I) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: jq~I ~/C~'~ ROBERT & BETH ANELLO request a Wetland Permit to replace the roof over the existing dwelling inkind/inplace with new design pitch and for the existing portable hot tub, and a Wetland Permit and Coastal Erosion Permit for the existing boardwalk (deck at grade) behind the existing bulkhead. Located: 1980 Leeton Dr., Southold. SOTM#58-2-13 Type of area to be impacted: __Saltwater Wetland __Freshwater Wetland r/ 'Sound Bay Distance of proposed work to edge of wetland ~t~,hof Town Code proposed work falls under: apt.275 ?~_Chapt. 111 other Type of Application: ~ Wetland~'~C,oastal Erosion __Amendment __Ad minist rative__E~ergency Pre-Submission Violation Info needed: Conditions: Present Were: ~-_J.King/~-J.Doherty ~--P.Dickerson-"~-~D. Bergen/~,,,B.Ghosio, __ D. Dzenkowski Mark Ter~__other Form filled,out in ~e field by Mailed/Faxed to: Date: Environmental Technician Review- 058 COUNIY OF SUFFOLK PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax:: (631) 7654643 June 3, 2009 VIA FAX; HARD COPY TO FOLLOW Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: ANELLO R & B PREMISES: 1980 LEETON DRIVE, SCTM # 1000-58-2-13 SOUTHOLD Dear President King & Board members: With reference to the above, please be advised that the Zoning Board of Appeals has rendered a decision in this matter which is attached. We respectfully request that the matter be placed on the next Trustees hearing calendar on June 24, 2009. Thank you. Ver~.~.~t~rh'~yours, Moore PCM/bp Enclosures 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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING DATE: May 28, 2009 ZBA FILE Ct 6242 - ROBERT and BETH ANELLO, Applicants CTM 58-2-13 PROPERTY LOCATION: 1980 Leeton Ddve, Southold, adjacent to the Long Island Sound SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 5, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 6,825 sq. fll lot measuring 50 feet wide along Leeton Drive, 155.30 fl. along the eastedy property line and 153.63 fl. along the westerly property live. It is improved with a two story framed dwelling, shed, hot tub, decks and steps. BASIS OF APPLICATI(~N: Request for Variances under Sections 280-124, 280-122 and ZBA Code Interpretation (under R. Walz Applicaiion ZBA #5039), based on the Building Inspector's amended Ociober 29, 2008 Notice of Disapproval. New construction is proposed as additions and alteretions to the existing single-family dwelling at less than the cede-required minimum concerning: (1) side yard less than 10 feet, (2) total side yards less than 25 feet. In addition, a Variance is requested for lot coverage exceeding the code limitation of 20% on this nonconforming 6,825 square foot lOt. :: LWRP DETERMINATION: A Letter dated April 21, 2009 confirming inconsistency was submitted to the Board of Appeals under Chapter'.,95, Waterfront Consistency Review of the Town of Sou~hold Cede and Local Waterfront Revitalization Program (~WRP) standards. The recommendation in the report read: "Require a minimum 15 fl. non- disturbance buffer incorporating the remaining existing vegetation landward of the bulkhead and adjacent to the deck. Note that the buff_e,r should fu y incorporate the Coastal Erosion Hazard Area (seaward of the Coastal Erosion Hazard Line)." At the r~uest of the Board at the Public Hearing on Apd123, 2009, the applicant's attorney, Patricia Moore, reviewed that L~RP report with Mr. Scott Hillary who consulted with Mark Terry and submitted a letter to the ZBA dated April 27, 2009. Her letter states that she was advised by Mr. Hillary that the intent of the LWRP recommendation was to keep the existing vegetation (Montauk Daisies) planted by the applicant on either side of the seaward wood deck. Ti)ese native plants serve as a vegetative buffer, not a non-disturbance buffer, because they require pruning. The maintenance of this buffer will reduce adverse environmental impacts caused by the non- conforming setback from the bulkhead. Page 2 - May 28 2009 ZBA # 6242 - R. and B. Anello -CTM 58-2-13 RELIEF REQUESTED: The applicant proposes to make structural repairs, as needed, to their as built wood ground level and second story decks, at grade boardwalks, and stairs, to change the existing roof pitch (in place and in kind) over a small addition on the easterly side of the dwelling, and to legalize an as built hot tub which is a temporary accessory structure. The pre. existing non-conforming as built seaward deck is indicated at approximately 7 ft. from the rear lot line, (the code requires a minimum of 35 ft) and 7.7 ft. from lhe Mean High Water Mark on Long Island Sound. The second story roof replacement is proposed with a single side yard setback of 8.6 ft (the code requires a minimum of 10 ft.), anda total side yard setback of 17.6 ft. (the code requires a m~nimum of 25 ft.). The proposed construction indicates a t~tal lot coverage of 33.8% Icode requires a maximum of 20%). ADDITIONAL INFORMATION: At the Public Hearing on Apd123, 2009, the applicant, agreed to submit an amended survey and Notice of Disapproval with a reduced lot coverage accomplished by eliminating 'the existing wood walkways in the front yard and along the westedy side yard and replacing with pavers at grade. AMENDED APPLICATION: During the headng, the applicant was asked to bring the plan into more conformity with the code. The applicant, on May 20, 2009, submitted a survey by John Metzger dated May 15, 2009 decreasing the proposed lot coverage by 4.2% from 33.8% to 29.6% by remowng 288 sq. ft. of wood walkways, thereby bdnging the plan into more conformi~,y with the-codes. An amended Notice of Disapproval from the Building Inspector dated May 26, 2009 confirms the proposed 29.6% lot coverage. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board ~hkes the following find ngs: 1. Town Law §267-b(3){j~)(3)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a d~triment, to nearby properties. The properties on Leeton Drive along Long Island Sound are typically similar to the applicant's in that many are small, non-conforming parcels improved with dwellings onginally built as summer cottages. Many have excessive lot coverage and wood decking right up to the wood bulkhead (there is no bluff in this section of the Sound). The applicant is not proposing to enlarge the existing dwelling, but rather to make in kind and in place structural repairs that will maintain the pre-existing non-conforming setbacks. The alteration to the existing roof is proposed to remedy persistent leaking and improve the appearance of the dwelling. The as built hot tub is a small temporary accessory structure that provides an amenity for the homeowners. 2. Town Law §267-b{3)lb)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue;:other than an area vanance because the pre-eXisting setbacks were established pdor to zoning and any addition~ or alterations will increase the degree of nonconformance, triggering the Walz decision and requiring a variance. ? ,.4 3. Town Law §267-b{3)'(b)(3). The setback variances granted herein are not substantial in so far as they are not changing any existing setbacks. While the ~roposed lot coverage is a substantial variance, it is typical in the applicant's neighborhood;; 4. Town Law §267-b(~)(b)(5). The difficulty has not been self-created, but is the result of pre-existing non- conformities. 5. Town Law §267-b(3)(b){4). No evidence has ~)een submitted to suggest that a variance in this residential community will have an adverse ~mpact on the physical or enwronmental conditions in the neighborhood. The property is protected by a bulkhead that is in excellent condition, there is no bluff, and the wood decks and walkways are pervious structures on sand with no drainage problems. Page3 - May 28, 2009 ZBA # 6242 = :~. and B. Anelro ' CTI¢ 58-2-13 6. Town Law §267-b. Grant of the requested relief AS AMENDED is the m~nimum action necessary and adequate to enable the applicants to enjoy the benefit of structural repairs to their existing dwelling, stairs, and decks, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THEiBOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B motion was offered by Member Weisman, seconded by Member Simon, and du.l¥ carried, to GRANT the variance as applied for, and shown on the SLrRVEY.by John Metzger dated May 15, 2009 and the drawing dared 9/2/08 and revised 10/28/08,by Angel Chorno, Architect, labeled Proposed Alterations, Anello ResidenCe, subject to the following Conditions: 1. The westerly,~ide yard must remain :)pen and unobstructed for access by emergency equipment, and 2. The applicant must continuously maintain the existing non-turf vegetative buffer on both sides of the seaward wood .deck, planted with native plants such as Montauk Daisies or Rosa Rugosa as per the recommendation of the LWRP Report That the at)eve conditioifs be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance g~ven such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this applicetJon when involving nonconformities under the zoning code, This action does not authorize or condone any current or futuremse, setback or other feature of the subject property that may v~olate the Zoning Code. other than such uses, setbacks and other features ~s are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minim~s ~n nature for an alteration that does not increase the degree of nonconformity, r Vote of the Board: Ay¢S: Members Goehdnger (Chairman), Simon, Weisman and Schneider. (Member Oliva was 06/03/2009 12:47 FAX 631 765 4643. MOORE LAW OFFICES ~ Trustees ~001 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NawYork 11971 Tel: (631) 765-4330 Fox:: (631) 765~643 June 3, 2009 VIA FAX; HARD COPY TO FOLLOW Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 R~: ANELLO R & B PREMISES: 1980 LEETON DRIVE, SOUTHOLD SCTM # 1000-58-2-13 Dear President King & Board members: With reference to the above, please be advised that the Zoning Board of Appeals has rendered a decision in this matter which is attached. We respectfully request that the matter be placed on the next Trustees hearing calendar on June 24, 2009. Thank you. ore PCM/bp Enclosures BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of ROBERT & BETH ANELLO PATRICIA C- MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 AFFIDAVIT OF SIGN POSTING 4. Restricted Delivery? 3, Service Type I (ExtraFee) [~Yes 1 CERTIFIED I2. Art::9h;um::r~,;I 3110 nr]0n L' '- 7192 6463 3110 0000 4414 1, Article Addressed To: JOHN & CONSTANTINO CALIMINOS i MELTON DRIVE WEST ROCKVILLE CTR. NY 11570 !k 11971 being duly ~erty known as 1980 'ees official Poster :he post has remained Date of Hearing to be Beth,A~el~v - Sworn to before me this c~~ day of June, 2009 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box I 179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: Jim King, President Town of Southold Board of Trustees From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: December 8, 2008 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for ROBERT & BETH ANELLO SCTM#58-2-13 Patricia C. Moore, Esq. on behalf of ROBERT & BETH ANELLO request a Wetland Permit to replace the roof over the existing dwelling inkind/inplace with new design pitch and for the existing portable hot tub, and a Wetland Permit and Coastal Erosion Permit for the existing boardwalk (deck at grade) behind the existing bulkhead. Located: 1980 Leeton Dr., Southold. SCTM#58-2-13 THE FOLLOWING SECTION ADDRESSES THE PROPOSED INKIND/INPLACE ROOF REPLACEMENT: 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 us, it is our recommendation that the proposed action is EXEMPT pursuant to § 268-3; § 268-3. Definitions. MINOR ACTIONS -- Include the following actions, which are not subject to review under this chapter: B. Replacement, rehabilitation or reconstruction ora structure or facility, in kind, on the same site, including upgrading buiMings to meet building or fire codes, except for structures in areas designated by the Coastal Erosion Hazard Area (CEHA) law where structures may not be replaced, rehabilitated or reconstructed without a permit; THE FOLLOWING SECTION ADDRESSES THE EXISTING BOARDWALK (DECK AT GRADE): 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 us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. 4.1 Minimize losses of human lif~ll structures from flooding and erosion~lards. The £oliowiog management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. The proposed action "as built deck" is not "a water dependent use". It is recommended that the structure be located as faraway from the CEHA area as practical to maximize the distance from the "hazard area", minimizing the potential of future structural loss. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or incoastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. d. sites where relocation of an existing structure is not practical. The proposed action does not meet the above reasons to warrant "maintaining existing development" within this area. The distance from the "as built deck" to the ordinary high water is approximately 7' {See figure #1)7 a minimum setback distance of 100 feet is required pursuant to Chapter § 280-116 A. (1) which states: Notwithstanding any other provisions of this chapter, the following setback requirements shall apply to all buildings located on lots adjacent to water bodies and wetlands: A. Lots adjacent to Long Island Sound, Fishers Island Sound and Block Island Sound. (1) 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 set back not fewer than 100 feet from the top of such bluff or bank. Further~ the proposed action may require a variance from the Zoning Board of Appeals pursuant to ,~ 280-116 as referenced above. § 268-5. Review of actions. Upon recommendation of L WRP Coordinator, the designated agency shall consider whether the proposed action is consistent with the LWRP policy standards summarized in ~ 268-1 herein. Prior to making its determination of consistency, the designated agency shall consider the consistency recommendation of the LWRP Coordinator. The agency shall render a written determination of consistency based on the CAF, the L WRP Coordinator recommendation and such other information as is deemed necessary to its' determination. No approval or decision shah be rendered for an action in the coastal area without a determination of consistency. The designated agency will make the final determination of consistency. The Zoning Board o[ Appeals is the designated agencF for the determination of consistenc~ for variance applications subject to this chapter. The Zoning Board of Appeals shall consider the written consistencF recommendation o['the ttime it make~ g wtriance and shall ncc to make t~~isten_t with the obi'this chapter. Figure #1 Existing deck (approximately 7' fi'om Mean High Water and within the CEHA). if the Agency, (Board of Trustees) makes a contrary determination of consistencv~ the Agency shall elaborate in writing the basis for its disagreement with their recommendations Pursuant to Chapter 268 Waterfront Consistency Review. § 268~5. Review of actions. In the evenl the LWRP Coordinator's recommendation is thai the action is inconsistent with the LWRP, and the agentT makes a controtT determination ~f consistency, the agentT .shall elaborate in writing the basis ./br its disagreement with the recommendation and state the manner and extent to which the action is consistent with the L WRP policy stand, gals. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Office Use Only ~, Coastal Erosion Permit Application ~t, Wetland Permit Application Administrative Permit Amendment/Transfer/Extension .~ece~-ved Application: I O~alq I(~ ~'Received Fee:$.%~"~3 ~- .~'Completed Application Incomplete SEQRA Classification: Type l~Type Il Unlisted.__ Coordination:(date sent) --~AC Referral Sent: I ~ ~Tate of Inspection:~__ Receipt of CAC Report: Lead Agency Determination: Technical Review: JPublic Hearing Held: Resolution: Name of Applicant Address l qgO Phone Number:( ) Suffolk County Tax Map Number: 1000- Property Location: t (provide LILCO Pole #, distance to cross streets, and location) AGENT: (If applicable) N'~' I ( ~' -'"/I Phone: of Trustees Ap~ GENERAL DATA Land Area (in square feet): Area Zoning: ~- ~0 Previous use of property: Intended use of property:. Coven~ts ~d Restrictions: Yes" ~ No If "Yes", please provide copy. Prior permits/approvals for site improvements: Agency Date /~ No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? .X No Yes If yes, provide explanation: Project Description (use attachments if necessary): of Trustees Applicat WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: O~Ckhqqc.~ 2CC~[ P, 3rCJ/q -- ~Ak~S N Area of wetlands on lot: No _square feet Percent coverage oflot: Htclk"T[dcl¢ % Lc nq Closest distance between nearest existing structure and upland edge ofwetlands: O feet ~Ci~\L[xlLCI'C~ Closest distance between nearest proposed structure and upland edge of wetlands: 0_$ 10 CcLLaff feet Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? How much material will be filled? /~ [>~ cubic yards Depth of which material will be removed or deposited:~ Proposed slope throughout the area of operations: Manner in which material will be removed or deposited: Iq cubic yards feet Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): of Trustees ApE COASTAL EROSION APPLICATION DATA Purposes of proposed activity: Are wetlands present within 100 feet of ~e proposed activity? No X Yes ¢ ~ ~ Does ~e project involve exoavation or filling? ~ No Yes If Yes, how much matefi~ will be excavated? ~ ~ How much matehal will be filled? ~ } ~ M~er N wNch material will be removed or deposited: (cubic yards) (cubic yards) Describe the nature and extent of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of ROBERT & BETH ANELLO Applicant's Land Identified as 1000-58-2-13 AFFIDAVIT OF MAILING COUNTY OF SUFFOLK) STATE OF NEW YORK) : I, Betsy Perkins, residing at Mattituck, New York, beii~g'-~l'~iy sworn, depose and say that: On the ~ ~ day of June, 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 the neighbors on the attached list. Attached hereto is the white receipt post-marked by the Southa/~t Post Office on said date. // ~3~tsy Perkins gnature) (~/ Sworn to before me this'~tVTM day of June, 2009 '(' (Notary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, o~O,/ / 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. ANELLO NEIGHBOR LIST SCTM: 1000-58-2-13 JOHN & CONSTANTINO CALIMINOS 1 MELTON DRIVE WEST ROCKVILLE CTR. NY 11570 SCTM: 1000-58-2-15.2 ELIZABETH DANIELS 421 PARK AVENUE RYE NY 10580 SCTM: 1000-58-2-12 WILLIAM STEELE 1895 LEETON DRIVE SOUTHOLD NY 11971 SCTM: 1000-58-2-10 SCHROEDER FAMILY TRUST 6945 DENMARK STREET ENGLEWOOD FL 34224 SCTM: 1000-58-2-16 RECEIPT 7192 6463 3110 0co0 4414 FROM: PATRICIA C MOORE ESE[ RE: anello trustees hearing RECEIPT 7192 6463 3110 0ooo 4421 FROM: PATRICIA C MOOR£ ESQ RE: ane[Io trustees hearing SEND TO: JOHN a CONSTANTINO CALIMfl I MELTON DRIVE ~ST ROCKVILLE CTR NY 11570 SEND TO: ELIZABETH DANIELS 421 pARKA*vENUE RYE NY 10580 FEES: Postage 0 44 TOTAL $ 5.54 POSTMARK OR DATE FEES: Postage 044 TOTAL $ 5.54 pOSTMARK OR DATE RECEIPT FROM: SEND TO: WILLIAM STEELE 1895 LEETON DRIVE SOUTHOLD NY 11971 FEES: TOTAL $ 5.54 POSTMARK OR DATE RECEIPT 7192 64~3 $110 0003 4445 FROM: ~ P~'"~OORE E~'~ RE/anello trustee~ h4~rin9 · SEND TO: $CHROEDER FAMILY TRUST 6945 DENMARK STREET ENGLEWOOD FL 34224 FEES: Postage 0~4 TOTAL $ 5.54 POSTMARK OR DATE PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (63 I) 765-4330 Fax: (631) 765-4643 CERTIFIED MAIL RETURN RECEIPT REQUESTED June 15, 2009 RE: ROBERT & BETH ANELLO PREMISES: 1980 LEETON DRIVE, SOUTHOLD SCTM # 1000-58-2-13 Dear Neighbor: I represent the above with regard to property located on Leeton Drive, in Southold, New York. They have submitted an application to the Southold Town Board of Trustees to replace roof over existing dwelling in kind/in place with new design pitch and for the existing portable hot tub and existing boardwalk (deck at grade)behind bulkhead. A copy of the Hearing Notice is enclosed together with a copy of a survey. The hearing on this matter has been scheduled for WEDNESDAY, June 24, 2009 on or about 6:00 p.m. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Thank you. Very~ yours, ~'~ ~i c/""i~a~. Moore PCM/bp enclS. C: Mr. & Mrs. Robert Anello NOTIC OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Road ~tSouthold, New York, concerning this property. OWNER(S) OF RECORD:t~c)~~ ~ CI.G~t.l~C) SUBJECT. O.F PU_BLIC HEARING:'~ I'~~ rc~o.~' ~ TIME & DATE OF PUBLIC HEAR~.'-"-'-'--' If you have an interest in this project, you are invited to view the Town file(s) whi.ch are available for inspectionprior to the day of the hearing during normal bus~ness days between the hours o~C8 a.m and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631 ) 765-1892 N LOT COVERAGE AREA TO COASTAL EROSION HAZARD LINE COASTAL EROSION HAZARD LINE FROM COASTAL EROSION FLOOD ZONE FROM FIRM MAP NUMBER 36103C0154 O MAY 4, 1998. ELEVATIONS REFERENCED TO N.G. KD. · =MONUMENT AREA-7,723 80. FT. SURVEY OF PROPERTY AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-58-02--13 $CAL~. I'--~0' NOt'EMBER 27, 20O6 .KS. LIC. NO, 49618 ~ ~OFR~X (631) 765-1797 ~OUT~OLO, N.× 11971 PATRIClA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (631) 765-4330 Fax:: (631) 765-4643 November 26, 2008 Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 RE: ANELLO PREMISES: 1980 LEETON DRIVE, MCTM # 1000-58-2-13 SOUTHOLD Dear President King and members: With reference to the above hearing scheduled for Wednesday, December 10, 2008, enclosed please find copy of letter to neighbors, affidavit of mailing and postal receipts. Thank you. Very ~ru~y yours, PermU~SNPoSG-10 ~oore [ins LA ANELLO TRUSTEE HEARING ICIA C. MOORE ESQ. 0 MAIN ROAD SOUTHOLD NY 11971 I",lh.,llhli,h.h.lh.lll BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of ROBERT & BETH ANELLO AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-58-2-13 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETH ANELLO, 1980 Leeton Drive, Southold, New York 11971 being duly sworn, depose and say that: On the\'~day of December, 2008, I personally posted the property known as 1980 Leeton Drive, Southold, New York by placing the board of Trustees official Poster where it can easily be seen, and that I have checked to be sure the post has remained in place for eight (8) days prior to the date of the public hearing. Date of Hearing to be held on Wednesday, December 10, 2008 on or about 6:00 p.m. Beth Anello ~vo~n to before me this -- day of December, 2008 /Klotary Publ,~,/ ~ BOARD OF TRUSTEES TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of ROBERT & BETH ANELLO Applicant's Land Identified as 1000-58-2-13 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING I, Betsy Perkins, residing at Mattituck, New York, being duly sworn, depose and say that: On th~/~) day of November, 2008, 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 the neighbors on the attached list. Attached hereto is the white receipt post-marked by the Southold Post Office on said date. ~i ;nYa~ i~ Sworn to before me this~/'TN day of~4~m'~,r., 2008 ' (N~tary Public) MARGARET C. RUTKOWSK~ Notary Public. State of New ¥o~ No. 4982528 Qualified in Suffolk C,~unt~, ,,, j / · ' June3. ~_.Z. PLEASE list, Afflda'~Tt-'~ on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ANELLO NEIGHBOR LIST SCTM: 1000-58-2-13 JOHN & CONSTANT1NO CALIM1NOS 1 MELTON DRIVE WEST ROCKVILLE CTR. NY 11570 SCTM: 1000-58-2-15.2 ELIZABETH DANIELS 421 PARK AVENUE RYE NY 10580 SCTM: 1000-58-2-12 WILLIAM STEELE 1895 LEETON DRIVE SOUTHOLD NY 11971 SCTM: 1000-58-2-10 RECEIPT FROM: SEND TO: JOHN & CONSTANT~NO CALIN :,7 ~etu~r',~pt ~ ~ ~'~' 2 20 TOTAL $ 5.32 POSTMARK OR DATE REcEiPT 71926463311000002653 FROM: SEND TO: FEES: o.,~ $ 5.32 TOTAL poSTMARK OR DATE RECEIPT FROM: PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (63 l) 765-4643 CERTIFIED MAIL RETURN RECEIPT REQUESTED November 25, 2008 RE: ANELLO PREMISES: 1980 LEETON DRIVE, SCTM # 1000-58-2-13 SOUTHOLD Dear Neighbor: I represent the above with regard to property located on Leeton Drive, in Southold, New York. They have submitted an application to the Southold Town Board of Trustees to replace roof over existing dwelling in kind/in place with new design pitch and for the existing portable hot tub and existing boardwalk (deck at grade). A copy of the Hearing Notice is enclosed together with a copy of a survey. The hearing on this matter has been scheduled for WEDNESDAY, DECEMBER 10, 2008 on or about 6:00 p.m. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. Thank you. Ve~3/-tr~y yours, PCM/bp enclS. C: Mr. & Mrs. Robert Anello NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a blic hearing will be held by the SOUTHOLD BOARD OF TRUSTEES at t~ Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: SUBJECT OF PUBLIC HEARII'gG: T~ME ~ DATE OF PUB~ HEARIN~'~'-'',: If you have an interest in this prolect, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days be~een the hours of 8 a.m and 4 p.m. BOARD OF TRUSTEES * TOWN OF SOUTHOLD * (631)765-1892 '% SURVEY OF PROPERTY AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNt. Y, N.Y. 1000-58-0~-13 SCALE: I'=~0' NOVETvlBER 27, 2006 UUNE 19~ B. O08 (COASTAL EROSION HAZARD LINE) SEPT. 24, 2008 [uddllfo~$) SEPT. 30 2008 (Q~dilions) OCT, 6~ ~005 [grobnd level deck added lo Iof ~overage~ N LOT COVERAGE % \ AREA TO COASTAL EROSION HAZARD LINE = 6825 s~q.~.ll. .HOUSE,DECKS,HOT TUB & STEPS -2309 sq.ll. 23091 '6825 COASTAL EROSION HAZARD LINE FROM COASTAL EROSION HAZARD MAP PHOTO # 56-566-83 FLOOD ZONE FROM FIRM MAP NUMBER J6103C0154 G MAY 4, 1998. ELEVA170NS REFERENCED TO N.G. V.D. · =MONUMENT AREA-7,723 80. FT'. ~ Y.$. LIC. NO. 49618 ~"AX (631) 765-1797 P.O 1250 TRAVELER STREET ri f:./N, ST ?ZOo,,q P~,4~' '1 To: Southold Town Zoning Board Southold Town Building Department Southold Town Trustees Suffolk County Health Department Any and All State, County, Local agencies, as necessary Re: Premises at SCTM#10 0 0 - $ 8 - 0 2 - :1.3 The undersigned hereby authorizes my attorney, Patricia C. Moore, and her agents to submit any and all applications which may be required in order to obtain a building permit to construct ltion to a residence on the above referenced ~oberti~behalf of myself and my wife Beth An~ello Board of Trustees Application County of Suffolk State of New York DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH 1N THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH/RF~.~I~E~gXDF TSS APPLICATION. Signature SWORN TO BEFORE ME THIS ~ DAYOF O~ - ,200% PROJECT ID NUMBER PART 1 ' PROJECT INFORMATION 1. APPLICANT / SPONSOR 3.PROJECT LOCATJON: ~)~,'~' C.-~u~e 617.2(] SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACT1ONS Only ( To be completed by Applicant or Project Sponsor) 2, PROJECT NAME 4. PRECISE LOCATION; Strset Addess and Road Intersections. Prominent landmarks etc -or provide mai) 6, DESCRIBE PRO. JECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? 9. WHAT IS ~Resi~naal ~lndus~al ~C~merclal DAgd~llum DParklFomsl/~nS~ ~O~r(des~) 10. DOES A~ION I~OLVE A PERMIT ~PROVAL, OR FUNDING, NOW OR ULTI~LY FROM ~ OTHER GOVERNMENTAL ~Yes ~ E yes, Hat a~n~ ~ and pe~ / approval: tl ~ES ~ ASPECT OF THE A~ION ~VE A CURRENTLY V~ID PERMIT OR ~PROVAL? ~Yes ~No [[ ~s, fist agen~ name and ~it / appm~l: iI . AS A RE IT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTI~FY~.H~T~=-~NFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE A,opiica nt / Spor~~~...~..._.~/~ Dale: If the action la 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 A~enc¥) A. OOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. E~]Yes E]No B. WILL ACTION RECEIVE COORDINATED REVIEWAS PROVtnEDFORUNLISTEDACTIONS IN6NYCRR, PART617.67 IfNo, a negative deClaration may be superseded by another involved agency. r---j Yes F-'INo C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quart/fry, nolle levels, exls~ng Iraffic pattem, r~lld waste production or disposal, potential for erusio~, drainage or &3odlng pm~iema? Explain briefly: C2. Aesthetic, agdcuifural, arcflaeolng~cal, historic, or Other natural or ?ifural resources; o~ ~ommuntiy o; nelghb~l~ o~;~act~ Explai~ tirls~: c3. Vegetaifa~ or fauna, fish, shellfish er wildlife dPeCie,, significant habitats, or threatened or endangered species? Explain bdefly: I .... C4. A commuNly'$ existing p/ins ~' goals as offictal~ adorned, or a change in usa or latendty of use of land or other natural resources? Explain C5. Gn~th, subsequent developmehl, or related act~$S iik;iy to be Induced by the p~ :~n? ~Ejcplaln I ! I C7. (~ther Impacts qincludin~l chen~es In use of eifher ~lant~ or t~/~e of ener~? Explsi~ briefly: l O. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED 3~HE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? Ill yeSr explain bbel~: E. iS THERE, OR IS THERE LIKELY TO BEI CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ff yea explain: F-] Ye, E~]No PART III. DETERMINATION OF SIGNIFICANCE (To be completed by Agenw) INSTRUCTIONS: For each adverse effect identified above, deter'mine whether il Is substantial, large, ]mpo~int or otherwise sig nificartt. Each effect should be assessed in cor~necaon with Its (a) setting (i.e~ urban or rural); (b) probability of ocouming; (c) duration: (d) irreversibility; (e) geographic scope; and (~ magnitude. If necessary, add attachments or reference supporting materials. Ensure that explapationa contain sufficient de{ail fo show that all relevant adverse impacts have been identified and adequately addressed. If quesiton d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental charectedstics of the CEA. Check this box if you have Identified one or more potentially large or significant adverse impacts which MAY occur. Then prooeed directly to ~he FUI. L FAF and/or prepare a posifiv~ dectaration, Check this box if you have determined, based on the Informa~on and analysis at/ova and any supporting documenlaflon, that the proposed act/er WILL NOT result in any sign'~mant adverse envlmnmenta~ impacts AND provide, on attachments as necessa~7, the reasons supporting thi~ determination. Name of Lead Agency Date Tide of Responsible Of T~-.er Pttnt or Type Name o1 Resp(mslble O/ICer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Prepam; (If different lmm responsible o flk:er) LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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. 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). 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# 1000-58-02-13 OWNER: Robert & Beth Anello 1980 Leeton Drive, Southold NY AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board __ Planning Dept. Building Dept. Board of Trustees X~ Zoning Board of Appeals~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: X Variance / Wetland Permit Nature and extent of action: Owner needs to change pitch of existing roof to correct structure built in 1960 (in kind & in place), existing decks (wood boardwalk) were constructed for access around the house and behind the bulkhead which becomes a nonturf buffer. Location of action:1980 Leeton Drive, Southold Site acreage: 6,825 sq.ft. To Coastal Erosion Line with another 10 feet to the bulkhead Present land use: existing house with existing wood boardwalk Present zoning classification: r-40 2. If an application for the proposed action has been filed with the Town of SouthoId agency, the following information shall be provided: (a) Name of applicant: Robert & Beth Annello (b) Mailing address: 1980 Leeton Drive, Southold (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (d) Application number, if any: change existing roof pitch (in kind in place), existing boardwalk decking and temporary structure (hot tub) "as built" Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X 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. X Yes No Not Applicable Existing lot and house is preexisting nonconforming. The existing house had additions in 1960 which require owner to remedy the existing condition of the roof. The lot is protected by bulkheaded with no bluff ad[aeent to Long Island Sound. The proposed work and "as built" structures is landward of the. The wood decks are "boardwalks" which are pervious and provide a non-turf buffer behind the bulkhead. 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 X Not Applicable land is not identified as area of Archeological Sensitivity or on the National Register on Map produced by NYS Dept. Of State, Division of Coastal Resources 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 X Yes No Not Applicable Lands adiacent to Long Island Sound protected for both visual, economically productive and recreational resource. The existing house will only get a new roof (in kind & in place). The wood decking at grade (board walk) is pervious. The board walk is consistent with LISCMP (Long Island Sound Coastal Management Program) which prevents non- point source pollution, prevents flooding and erosion. 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 X Yes No Not Applicable No effect on flooding or erosion. Existing roof alteration will correct a structural problem to the existing roof. The boardwalk stabilizes the ground behind the bulkhead. 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 X Not Applicable The roof alteration does not increase living space and the wood boardwalk is existing. The hot tub is set back away from the bulkhead and is a temporary structure. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. X Yes No Not Applicable Setback to the Long Island Sound is nonconforming. The Coastal Area Boundaries of New York State along Long Island Sound will not be affected because of mitigation measures implemented by standard permit conditions. Soils along Long Island Sound (Carver, Plymouth, and Riverhead Soil) are deep, course texture and excessively drained. 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 X~ Not Applicable Air quality will not be affected by residential use. Standard building codes compliance prohibit degradation of air quality or emissions. Efficient heating and airconditioning systems and filters protect against air quality. 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. X Yes No Not Applicable Solid waste is controlled through town-wide recycling, no hazardous substances proposed at site. Use of natural untreated materials (CCA is discouraged by Trustees) The boardwalk eliminates use of pesticides and turf areas. 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 XNo Not Applicable The parcel is private ownership 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 X Not Applicable Residential use of property on establish lot will not adversely impact Long Island Sound coastline. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. X Yes No Not Applicable Long Island Sound is adiacent to development of parcel, however, construction activity is minimized. The remediation to the roof is necessary (in kind in place) to meet structural requirements. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not developed for agriculture. Leeton Drive is predominantly residential development. 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 X Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources *copy of Town form created on 5/25/05 PATRI'C:IA C. MOORE, ATTORNEY AT LAW 51020 K4ain Road, Southold, NY 11971 (631) 765-4330 N LOT COVERAGE % AREA TO COASTAL EROSION HAZARD LIN[ = 6825 sq. ll. ~ .HOUSE~DE CK S,HO T TUB, SHEO, & STEPS = 2309 sq. lt 230916825 = 33.8% WALKWA YS TO BE REMOVED = 288 sc~.fL 288/6825 = 4.2% $3.8%-.4.2% = 29.6% COASTAL EROSION HAZARD LINE FROM COASTAL EROSION HAZARD MAP PHOTO # 56-566-85 FLOOD ZONE FROM FIRM MAP NUMBER 36105C0154 G MAY 4, 1998. ELEVATIONS REF'~RENCED TO N.G.V.D. · =MONUMENT ANY ALTERATION O~ ADDITION TO THIS SUf{e/E y IS A VIOLATION OF SECTION 7209OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIt4SION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF S~ID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYO~ Iff-lOSE SIGNA TUR£ APPEARS HEREON. ,/ AREA=7,723 SO. FT. SURVEY OF PROPERTY A T SOUTHOLD TO~'N OF SOUTHOLD SUFFOLK COUNTY, N.Y. $¢ALF~' NOVEMBER 27, 2006 JUNE 19, 2008 (COASTAL EROSION HAZARD LINE) SEPT.. 30~ 2008 Io~Silions) OCT. /6, 2008 (~o~nd ~vel deck edded lo lot ~overageJ JAN. ~, 2009 M~ Y 15, ~009 ~/' coverage) A~g. ~: 2009 (~dd/tlons] ~ECONIC' S!/RlIE (631) 765-5020 '97 P.O. BOX 909 1230 TRAVELER STREET[