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HomeMy WebLinkAbout1000-15.-3-1.1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Gerard Goehringer, Chair Town of Southold Zoning Board o From: Mark Terry, Principal Planner LWRP Coordinator 'Date: December 1,2009 Re: ZBA File Reference No. 6349 Ketterer, G & Sykes, M. SCTM#1000-15.-3-1.1 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 Exempt from Coastal Consistency Review pursuant to § 268-3. Definitions, Item F which states: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or ether shoreline defense structure or any activity within the CEHA; [Amended 6-6-2006 by L.L. No. 7-2006] 'Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney Office Location: 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.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-[0~4 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6349 Ketterer, G. & Sykes, M. Dear Mark: We have received an application for additions and alterations to an accessory building, front yard set back, side yard setback and height. 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. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Encls. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: September 24, 2009 *Amended: Nov. 4, 2009 TO: Samuels & Steelman for G Ketterer & M Sykes 25235 Main Road Cutchogue, NY 11935 Please take notice that your application dated September 9, 2009 For permit for an additions & alterations to an accessory structure at Location of property 1995 Ryder Farm L., Orient, NY County Tax Map No. 1000 - Section 1~5 Block3 Lot 1.1 Is returned herewith and disapproved on the following grounds: The proposed construction, to this accessory structure, is not permitted pursuant to Article XXIII, Section 280-123~ which states: A nonconformine buiidine containin~ a nonconformine use shall not be enlarged, reconstructed or structurally altered or moved~ except as set forth below, unless the use of such building is changed to a conforming use. In addition, the proposed construction is not permitted pursuant to Art. III Sec. 280-15: In the case ora waterfi'ont parcel, accessory buildings & structures may be located in the front yard, provided that such buildings.., meet the front yard principal setback.., and the side yard setback requirements for accessory buildings in Section B. On a 1.6 acre in the R40 zone the principal required front yard setback is 50'. On lots between 60,000 & 79,999, the side yard setback is 20' & maximum Height of 22' The proposed accessory outdoor shower is at 33.75' nd The proposed 2 floor addition is setback approx. 5'. Also, the proposed height is 23'. lSatricia Conklin, Permit Examiner ISLI~IO LONG z Joseph A. Ingegno Land Surveyor NORTH SEA DRIVE -._ _ ~_ .~-'- ~" ........ SURVEY OF PROPERTY SITUATED AT ORIENT POINT TOWN OF SOUTHOLO SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-15-03-1.1 SCALE 1"=50' i LAND $oUNL N 79' 48' 01" E 115.43' N 71' 62' 28" E Z4 TOP 2 STORY OF SLOPE N/F SWANSON& ABBOTT SHED -GARAGE S 8~ N/F FITZSIMMONS N SURV~'r'E'D 29MAy 2001 SCALE 1"=40' AREA= 78,189.567 SF GUARANTEED TO GWYNETH &¢. KETTERER SURVEY OF DESCRIBED PROPERTY SITUATE ORIENT POINT, 1-OWN OF SOUTHOLD SUFFOLK COUNTY, N. X SURVEYED FOR GWYNETH M. KETTERER MARY B. SYKES LOT 53 A= 59.69' N/K NOP7'H SEA ~- ~"E' OF WAy 8~' 26 '. 00" kY 162 00' LOT 54 NOTE: 1. 9 JULY, 2001 ADD ROCK REVETMENT AT TOE OF SLOPE SURVEYED BY STANLEY ,~ ISAKSEN, JR. P.O. BOX 294 NEW ,~UFFOLK, NY 11956n 6 J~ICENSEI~ZAND S~U~YOR / NY~ LIC~IO, 01R1014 75' S 88'26'00" W DM( F'E~CE 200.00 88'26'00" W 1 O0 I~/o/ 2009 OF4PpEALS November 2, 2009 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631 ) 765-4330 Fax: (631 ) 765-4643 Margaret Rutkowski Betsy Perkins Secretary Southold Town Zoning Board of Appeals Gerard Goehringer, Chairman Southold Town Hall Annex Main Road PO Box 1179 Southold NY 11971 HAND DELIVERED Re: KETTE~SYKES PREMISES: 1995 RYDER FARM LANE, ORIENT SCTM: 1000-15-3-1.1 Dear Chairman and Board members: Enclosed please find an variance application for the above referenced property together with the following additional documents: 2 3 3 4 5 6 6 7 8 9 10. 11. 12. Notice of Disapproval with building permit application Application Authorization form Property card ZBA Questionnaire Applicants project description Transactional Disclosure form LWRP Assessment form Existing C.O.'s Survey Agricultural Data Statement Short EAF form Site Plan/Floor plans My check representing the filing fee. V~)uly yours, BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. north for k. net/Southold/ Examined ,20 Approved ,20 Expiration __, 20 SEP 9 ~ t~u~uu~b SY~KMI f AI'PLICATION CHECK] Do you have or heed the following before appl' Board of Health 3 set~ of Building Plans Planning Board approval Survey Check Septic Form N.Y.S,D.E.C. Trustees Contact: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date.~ ,, q ,20~ a. This applicailon MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relailonship to adjoining premises or public sn:ects c. The work covered by ',his application may not be commenced before issuance o f Building Permit. d. Upon approval of this appliCation, the Building Inspector will issue a Building Permit to the applicant. Such a permi 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 Oceapanoy. 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 ti property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the panmt for an addition six months. Thereaiter, a new penn~t shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance cfa Building Permit porsuant to the ! aildi,'n~ Zon~e Ordinance oft? Tow~.o.f. Southol.d., Suffolk County, New York, and other applicable Laws, Ordinances or e ,g~u. attens, lot the censtmct?n of bml~mgs, addi~aons, or alteratmns or for removal,or demolition as hatein described. The ppncant agrees to comply wath all apphcable laws, ordinances, building code, housjflg cede, and ~ulations, and to admit authorized inspectors on premises and in building for necessary inspections~/] / "(~i~,~ e of apphcant or name, ifa corporation) (Mailing ~ldrass ofat~licant) ' ' State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builde[ ~As on/he thx'mll/or lat~t deed) If applicant is a corporation, signature of duly authorized officer (Name and tide of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of lafid on which proposed work will be done: I qq~ ~,,2J~- ~,-,~ Hotise Number ' ~Sff. re~t ' ' ~a~e~ nl bs~lsuO state exes .ang. use and occupancy of premises and i~ten!ie~ use and occuoancy!&~toposed construction: 4atare o f work (check which applieable)i' New Bnild~ ........... Xddition X :epair Removal Demolition .Other Work ~$timated Cost f dwelling, number of dwelling units · garage, number of cars -- Fee Alteration (Description) : business, commercial or nfixed occupancy, specify anture, and extent of each type of use. ~imeusi0~ of existing structures, if any: Front ~.~.~1 Rear ~O,~,I Depth leight ?_:~ Number of Stories ~imensions of same structure with alterations or additions: Front 20,~t Rear 'el~th ~. ~,/ · Height ~'~ / .Number. of Stories ;7- haeasioas of entre new construction: Front -- Rear ~ Depth -- eight ~ Number of Stories .ze of lot: Front ,~-.~-¢. ]O~_~ Rear Depth ate of Purchase :2OOO Name of Former Owner ~ne or use district in which premises are situated. ~'- "/o ~es proposed construction violate any zoning law, ordinance or regulation? YES ~ NO ill tot be re-graded? YES NO )~ Will excess fill be removed fi.om premises? YES__ NO X tmes of Owner of Premises~Address~Z.~jr,~a~-A~E?a~.~Phone No. mae of Coa~ractor Address .Phone No. s this properS, within 100 feet ora tidal wetland or a freshwater wetland? .YES ',)~ · NO ~ YES. SOUTHOLD TOV~ TRUSTEES & D.E.C. PERa~TS IvL6.Y BE REQUIRED~ ?thisprogertyWithia300feetofatidalwethand?*YES X NO__ YES, D.E.C. PER/vflTS MAY BE REQLrIB.ED. ~vide sUrVey, to scale, With accUrate foundation plan and distances to property lines. flevatian at any point on prope~x'y is at 10 feet or below, must provida topographical data on survey. : OF NEW YORK) ~ ,~,~oJ~z~a~. ~bd~g ~uly Sw0na~ deposes and s~i~,s that. (S)he is the applieam ame of iac~vidual signing contract) above na~d, · ..... (Contra_ctor, A~at, C~o~or~t~_ 0~_ ~c~r, ~waer o~ owners, and in duly anthotized to pexform or have performed the said work and to make and ~le th~ application; ~tamments contained ia thin epp]ication are a'ae to the be~t ofkis lmowled~ge and belief', and that the work w~ll be ed in the menncr set forth in the application filed therewith. / · 3 before me th~s ,, ,~ /~ - o~r~ ~li / ' //~'~ of~plican~ (To be paid on filing this application) Number of dwelling un,ts on each floor ~ ce Notes: APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS __ Filed By:. Date Assigned/Assignment No. House No. 1995 Street Ryder Farm Lane Hamlet Orient SCTM 1000 Section ~5 Block 03 Lot(s). 1.1 Lot Size 78,189.567 sq.ft. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED_ I ~ [ ~ [0~ BASED ON MAP September 7, 2009 Applicant(s)/Owner(s): Gwyneth M. Ketterer and Mary B. Sykes 1995 Ryder Farm Lane~ Orient NY 11957 Telephone: c/o Pat Moore 765-4330 Fax #: Emaih pcmoorel ~,optonline.net 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: _ Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 Emaih_pcmoorel~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 September 7, 2009 and DENIED AN APPLICATION DATED September ~, 2009 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) 1. Article III, 280-15 Front Yard setback of existing accessory building is 33.7 - existing shed on first floor replaced with outdoor shower 2. Existing side yard setback 5 with new addition to existing second floor with continuation of existing setback of 5.6' (second floor over existing space) 2. Height of existing accessory building 23' and proposed height of addition to accessory structure also 23' Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appea~has, has not been made at any time with respect to this property~ UNDER Appeal No. Year_ (Please be sure to research before completing this question or call our offtce for assistance.) Name of OwnerGwyneth M. Ketterer and Mary B. Sykes ZBA File # REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): 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: The owners wish to renovate the existing building and improve the architectural style of the existing building. The renovations include converting the first floor storage space to pool house. The existing accessory building with a studio and full bathroom on the second floor has a certificate of occupancy and the existing structure predates the accessory building regulations. As shown on the plans, within the existing second floor studio space the existing stairs and bathroom are being repositioned. The owner is removing the existing tub in the bathroom but retaining the shower. This change improves the function of the space. The additional second floor space improves the exterior architectural style of the accessory building and provides additional storage which is lost by the conversion of the storage area to a pool house. The accessory building is screened by mature vegetation and close to the existing in-ground pool. The pool house and outdoor shower is a convenient amenity, particularly for this family with young children. The architectural style change to the existing building is in keeping with the existing farm house. The existing house was the original Ryder Farm house. The adjacent westerly property is a farm. The architect, Nancy Steelman of Samuels and Steelman and the owner have proposed architectural changes to the accessory building which will improve the architectural look of the building and function of the property. (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: The existing structure has a certificate of occupancy and the requested variance enables owner to make alterations to the existing structure which preserves the original structure but makes it more functional to this family. (3) The amount of relief requested is not substantial because: The setbacks are established by the existing structure. The architectural look ofthe building enhances the property and community. The building is screened from view by the mature vegetation. The alterations to the existing building will enhance the property. The grade of the property places the existing building below grade of the pool. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The existing structure is set back from the top of the bluff and located in the "front yard". The property is isolated and well screened from all neigh bors. Applicant owns an adjacent lot in the adjacent subdivision. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No Are there Covenants and Restrictions concerning this land: E No. Yes (t;leasefurnish cot;v). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to ?n~q.~our attorney.) ~i~ure of Appellant or Authorized Agent dS:;~ ~;hi~.( (Agent must submit written Authorization from Owner) / Gwyneth Kettreer Mary Sykes August 7, 2009 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: I, Gwyneth Ketterer and Mary Sykes, hereby authorize you to make any and all applications and appear on my behalf to the Southold Town Board, Southold Town Zoning Board of Appeals, Southold Town Board of Trustees, New York State DEC and any other necessary agencies on my behalf regarding property located at 1995 Ryder Farm Lane, Orient, New York (sctm: 1000-15-3-1) Very truly yours, h-Ketterer ~/ -- Mary I,/ TOWN LRES., 1 SEAS. VL LAND IMP. TOTAL OF SOUTHOLD PROPERTY RECORD VI LLAGE FARM CONtrA. CB. ~AICS. DIST [ CARD SUB. LOT Acid. '~YPEOF BUILDING ', ~-~' Mkt. Value DATE REMARKS t Tillable Woodland Meadowla~d House Plot FRONTAGE ON ROAD DEPTH (//~' ~._ i-'-~, .~ e.: BULKHEAD Totol Bldg. enslO. :Exter~Sic~n i Both Basement 71+ 4 ~ Floors Walls Fire Place Patio Porch Porch interior Finish Roof Type Rooms 1st Floor Rooms 2nd Floor Dormer 15-3-1.1 ' .-- M. Bldg. Extension Extension Extension ~'atio Deck AiC. Garage Pool Foundation Basement Ext. Walls Fire Place Bath Floors Interior Finish Heat Woodstove Dormer Dock PC c s Fin. B. FULL COLOR TRIM 1st 2nd OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Gwyneth Ketterer & Mary Sykes 1000-015-03-01.1 A. ls the subject premises listed on the real estate market for sale? [] Yes E No B. Are there any proposals to change or alter land contours? E No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? Long Island Sound 2) Are these areas shown on the map submitted with this application? zes 3) ls the property bulkheaded between the wetlands area and the upland building area? 4) If your properly contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? not applicable Please confirm statns o£ your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? no the proximity of your lands on your map with this application. lfyes, please label H. Please list present use or operations conducted at this parcel existing dwelling & accessory building and existing pool all structures have CO's and proposed use same - with pool house in accessory building. (ex~isting: single-family; proposed: same with garage or pool, or other description0 AuthOrize~Signature and Date 2/05; 1/07 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:_Gwvneth Ketterer & Mary Sykes Date Prepared:October 20, 2009 I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas (New Dwelling or New Additions/Extensions): Request is to extend second floor of existing accessory building located in front yard 33 feet from the front property line and maintain existing side yard with existing height of 23 feet to be maintained Dimensions of first floor extension- existing shed setback (33) used for outdoor shower wall Dimensions of new second floor- extend over existing first floor & continue existing second floor roof line Dimensions of floor above second level: none- 2 story Height (from finished ground to top of ridge): 23' Is basement or lowest floor area being constructed slab 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: Existing accessory building- existing bathroom modified (remove tub) and relocate stairs. First floor storage used for pool house. Number of Floors and General Characteristics BEFORE Alterations: 2 floors existing and roof line extended over existing first floor to improve architectural look of building and add storage sDaee Number of Floors and Changes WITH Alterations: n/a IV. Calculations of building areas and lot coverage (from surveyor): Less than 3% Proposed increase of building coverage: n/a Square footage of your 1ot:__78,189.567 sq.ft. - 6,168 seaward of top of bluff =(~,,72,020.967(Upland) Percentage of coverage of your lot by building area: House 6700 sq.ft + shed216 sq.ft + garage 706 sq.ft = 61,622.44 (2.25 %Lot coverage) V. Purpose of New Construction Requested: reconfigure accessory_ structure and convert first floor of accessory structure to pool house VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): _adjacent to Long Island Sound therefore only area available for structures is front yard. 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 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Patricla C. Moore, Ketterer & Syles. (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", 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. appropriate line A through D (below) and/or describe the relationship in the space provided. Either check the The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __ A) the owner of greatar than 5% of the shares &the corporate stock of the applicant (when the applicant is a corporation); __ B) the legal or baneficial 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 Submitted th~day of O~-.t~Ly(...~ Signatpre: ~~ Print ~r gatricia C. Moore O~r :G~eth Ke~erer & MaU Sykes Town of Southold 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 Waterfi'ont 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 Construction of accessory structures 220 feet from Long Island Sound SCTM# 1000-15-3-1.1 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./t3 Board of Trustees [] Zoning Board of Appeals']~[ 1 Category of Town of Southold agency action (check appropriate response): (a) Action uhdertaken 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: [] Type: __ Town of Southold LWR. P Consistency Assessment Form Nature and extent of action: Construction of modifications to existing accessory structure in side yard and closer to front and side yard- 220 feet landward from Long Island Sound Location of action: 1995 Ryder Farm Lane, Orient Site acreage: 78,189.567 sq.ft. Present land use: existing accessory building to be renovated and roof extended over first floor. Convert first floor to pool house. 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: Gwyneth Ketterer & Mary Sykes (b) Mailing address: c/o Patricia C.Moore (c) Telephone number: (631)765-4330 (c/o Pat Moore) (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 LWR£ Sectio~ III - Policies; Page 2for evaluation criteria. .I Yes~5 No [] Not Applicable [] Discussion (if appropriate): Proiect is located on Long Island Sound The subiect property is improved by an existing single family dwelling, accessory building, shed and pool. Owner wishes to renovate accessory building and extend roof over existing first floor and convert first floor area into pool house. Existing setbacks maintained and locate away from the Long Island Sound. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold See LWR? Sec/ion II] - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable~2t~ Town of Southold LWRP Consistency Assessment Form 2 Discussion (if appropriate): The subject property is consistent with LWRP as it is located more than 100 feet from Long Island Sound. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III- Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable~ Discussion (if appropriate) The proposed location of all structures is more than 100 feet from the Long Island Sound. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section 11I- Policies Pages 8 through 16for evaluation criteria Yes j~ No [] Not Applicable [] Discussion (it'appropriate): consistent with this policy- applicant needs a variance to make alterations to existing structure. Policy 5. Protect and improve water quality and supply in the Town of Southold See L WRP Section III - Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable"~ Discussion (if appropriate): no impact on water quali~- residential use 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 11I - Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable"~ Discussion (if appropriate): Proposed construction is more than 100 feet from Long Island Sound. Policy7. Protect and improve air quality in the Town of Southold. See L WRP Section lll - Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable'~ Discussion (if appropriate): No impact on air quality Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section III -Policies; Pages 34 through 38for evaluation criteria. Town of Southold LWRP Consistency Assessment Form 3 Yes [] No [] Not Applicablel~ Discussion (if appropriate): no hazardous waste on site. 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 46for evaluation criteria. Yes [] No [] Not Applicable ~ Discussion (if appropriate): The public access to the Long Island Sound is unaffected 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 56for evaluation criteria. Yes 12~ No [] Not Applicable [] Discussion (if appropriate): Accessory structures will not affect water dependent uses Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See L WRP Section 111 - Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable'~ Discussion (ifappropriate): more than 100 feet from Long Island Sound Policy IZ Protect agricultural lands in the Town of Southold. See L WRP Section II1 - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable'E~ Discussion (if appropriate): no agriculture is conducted on the land, lot 6 on a Planning Board approved subdivision Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III- Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable~ Discussion (if appropriate): All construction will comply with applicable codes copy of Town form created on 2/11/06 Town of Soulhold LWRP Consistency Assessment Form 4 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMEI~T Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF ocCUPANCY No: Z-29062 Date: 11/07/02 THIS c~TIFIES that the building ACCESSORY Location of Property: 1995 RYDER FARM LA ORIENT (HOUSE NO.) {STREET) (HAMLET) Co%ulty Tax ~4ap No. 473889 Section 15 Block 3 LOt 1.1 Subdivision Filed Map NO. -- Lot NO. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 4, 2002 puxsu~nt to which Bu/lding Petit NO. 28437-Z dated JI3NE 4~ 2002 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY INGROUND SWIMMING POOL WITH FENCE TO CODE PER ZBA ~5103 DATED 5/16/02. The certificate is issued to GWYNETH KETTERER & MARY B SYKES (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEA~TH APPROVAL E~.Rt-rKICAL CERTIFICATE PLIghtERS CERTIFICATION DA'£~U3 Rev. 1/81 N/A 64525 07/25/02 N/A Au~ff~rized Si/nature TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, NEW YORK CERTIFICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the ~ Land ~ Building(s) ~ Use (s) located at 38865 Main Road Pre C.O. #- z-16310 Date- October 20, [987 Orient, New York Street Hamlet shown on County tax map as District 1000, Section 015 , Block 03 , Lot OI ., does(not) conform to the present Building Zone Code of the Town of Southold for the following reasons: Insufficient rear yard set back; No 280 A, approved access. Accessory garage in front yard. On the basis of information presented to the Building Inspector's Office, it has been determined that the above nonconforming ~7 Land /__,~ Building(s) ~ Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the applicable previsions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certificate is issued is as follows: Property contains 1% story, one family, wood framed dwelling with attached porch; deck; accessory garage all situated in 'A' Residential Agricultural zone with R.O.W. to Main Road. Permit ~4152Z & C.O. Z3555 for addition in 1968. The Certificate is issued to 242 ASSOCIATES (owner, of the aforesaid building. SuEfolk County Department of Health Approval N/A UNDERWRITERS CERTIFICATE NO. N/A NOTICE IS HEREBY GIVEN that the owner of the above premises HAS NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with all applicable codes and ordinances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regulations. Building Inspector TO~.! OF SOUTi½OLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southok d, N.Y. CERTIFICATE OF OCCUPANCY NO Z-22130 Date j~,CO~R~ 29~ i99~ THIS CERTIFIES that the building ACCESSORY Location of Property 1995 RYDER F~R~ LANE ORIENT~ - House No- Street Hamlel County Tax Map No. 1000 Sectioa 15 Block 3 _Lot Lo~ No. Filed Map No.__. __ subdivision conforms substantially to the Application for BuiLding permit heretofore filed An this office dated FEBRUARY 13, 1992 pursuant to which Building permit Ho. 20427-Z ..dated. FEBRUARY 14, 1992 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate ~s issued is ACCESSORY ~_D & ALTERATION TO EXISTING GARAGE ~S APPLIED FOR The certificate is issued to JANET T. SW~SON (ow.er) of the aforesaid building. sUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL U~IDER~TRITERS CERTIFICATE NO. pENDING - JAN. 26, 1993 PLUMBERS cERTIFICATION DATED JAN. 28~ 1993 - KING PLUMB/-NG & PIEJIT. INC. -- Building inspector Rev. 1/81 :x~mbcd ................ 19... FO~M NO. 1 TOWN OF $OI:ITHOLD ' BUILDING OEPARTIV~ENT TOWN HALL SOUTHOI.D.N.Y. 11973 TEL.: 71~§- I00;~ (Buildin.- [nSpcctor) APPLICATION FOR 8UrLDING pEF[NIIT -' ($i~n~_or apgdc3:tlC, or n=m¢. i? a ¢orpor~do~) .......... ................. .......... ~.~q.N~& ................................................. · ....................... ,~, or o,,,,,~, or ~,,~=i,~, .~r...¢:.....5..~..¢¢~ ................................................ License No..~Eh). -~l'~'.f~J ....... ~lurnb~'[ License No.. ~. ~J~ .............. · · ~.~...~. ~..~..~...~.~ ....... ~.~T .... ~z ..... ([ ~.~ ..... us~ =ad ~c~up~,cy .. ~.:~. ~. t~. ~ f ~:~ .~ .............................. , ...... ~ ~ occup~.cy . .~ .~E .~.. ~....~.~ ~. ................................. (]~escrlpl~on) 7. Dimensionsol'cxist~s/mc~ures, i~a~y: F[ont..~ .......... Rear .~ ........ .. Dcplh ............... ~ ~e~hc ..,~ .... NuJtlberorSlofies. "Dep[b ...... ~ .............. ~eiGh[ . .~ .................. Number o/Slofic~ .. ~ .................. ~Jmc.sions of cntlrc new co street on [,'ron ~ ~P . ~ , Rc=r . . Hmght .... [ [ ......... Nu nber o[5 un~ .... [ ................................................... 9. Sizceflo[: Front .. ~o' ' Rear ........ ~? ........... Depd~ ..~.' .............. L~alc cleBrly ~d d)stmcdy ~l buJld~, whe~er-gxJ~tjng or proposed, ~d. indi( prope~F Ene~. Give ~[:ce). ~d.bio~'ffE~ ~d~[Joa a~otd~g [o deed, 0nd show ~ :tee[ n~es and indlc=te whe~cr L ~ 4;~ . , / ~ ~. ....... ~ , ~.~ - - ~ -' rA~ OF N~v YORK. OU~Y OF...~;~ .... ;' bcing duly sworn, dcpo~ex and ~) s tll=~ h~ ~ ~ltc npp[[can: ~ Public ........... ~.~ ~1.'.~ ~ ............. County , - ' FO~ NO. 4 TOW~OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Eall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-27710 Date: 0S/2~/01 THIS CERTIFIES that the building ALTERATION Locat~om of Property: 1995 RYDER FARM LA (HOUSE NO.) (STREET) County Tax Map No. 473889 Section 15 Block 3 EAST MARION (HAMLET) Lot 1.1 Subdivision Filed Map No. -- Lot No. -- conforms substantially to the Application for Building Permit heretofore filed in this office dated pursuant to which Building per,it No. 24149-Z dated was issued, and conforms to all of the requirements of the aPPlicable provisions of the law. The occupancy for which this certificate is issued is ALTERATION TO KITCHEN IN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to JANET T SWANSON (OWNER) of the aforesaid building. 5UFMOLK ~DEP~RT~4~Fr OF~%LTHAPPROVAL ELEc&KICAL C~KTIFICATE NO. PLD~ERS CERTIFICATION DATED 05/07/98 N-5~8612 KING PLUMBING Rev. 1/81 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 districL .411 applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- m and 239-n of the General Municipal Law. 1) Name OfApplicant: ~-D~.3'.J ~q~ ~}~ 2) Address of Applicant: ~,~ ~l~ ~, c~ 3) Name of Land Owfier (if other than a~plicant): ' ' 4) Address of Land Owner: 5) Description of Proposed Project: 6) ¢g .of (roa a dm m p_ umbe0: 7) Is ~e parcel within an agricultural district?~]-No l-lYes If yes, Agricultural District Number 8) Is this parcel actively farmed?'~tgo [] Yes 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 fi.om 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 slx property owners are identified.) The lot numbers may be obtained, in advance, when requested from the Office of the Planning Board at 765- 1938 or the Z~_~nir/~ B~ard of Appeals at 765-1809. '"'-Sigfi~/ure of Applicant Date ' Note: 1. The local board will solicit comments from 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 retained to the local board wilt 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 PROJECT ID NUMBER PART I - PROJECT INFORMATION 1. APPLICANT/SPONSOR ~.PRO~ECT .OCATiON: / Municipa[i~ (~. [ ~ ~ 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 / I<'c, Ce.- ¥,V 1< ,4. PRECISE LOCATION: Street Addess and Road In[ersections. Prominent landmarks etc -or provide map 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification / alteration SEQR 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: ! 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? I~Yes [] NO If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) Ir~Residenlial r~lndustdal E~commercia, E~Agriculture ~--]Park/Forest/OpenSpace [~Other {describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local} []Yes [] No If yes, list agency name and permit / approvak 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes []No If yes, list agency, name and permit / approval: t2.1~esAS A RESULTFiNo OF PRO,~.S,~ AC.Z,ON~.,.. '~'~'.'*~'~W'LL' ~X,~T,NG PEBM,T, APPBOVAL REOU,RE MOO,F,CAT,ON? I CERTIFY THAT THE. ~ORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name...~..~r./~./ Date: Signature ~ ~ ,.~- 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 7'YPE I THRESHOLD N 6 NYCRR. PART 617.47 If yes. coordinate the review process and use the FULL EAF. E~TM E~No WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.6? If No. a negative declaration may be superseded by another involved agency EZI Ye' I--1No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwdtten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic paU. em, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: C2. ^esthetic. g u era,archaeoogca,h~sore, orohernaura orcuturalresources;orcommunityorneighhorhoodchara¢l~r?Explainbd~ti~: C3. Vegetation or fauna, fish, ~h~Jifish or wil~ii~; d¢'~i~i ~ignifi~;~ ~¢~3ii~i;; (~r-i-h'r;;te--ned or en~l~a-n~;;*~d-'~p;~ies? community s exisbng plans or goats as officially adopted or a change m use or Intensity of use of land or other natural resources? Exp a~n bnefly: Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain b~i~y: C6. Long term, short ter~,-cumulative oi; Ot~;r eff;~;~s not [de~tilied i~ ~l'-C~-~Plain bde'fl-Y:- C7. Other Impacts (includ (:~; "~-e"~'i;;~the~ ~¢ener[7¥? Explain bdefl¥: WiLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEAI? {If )'es, explain bdefl¥: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ect~denti~edab~ve~determinewhetheritissubstanfia~~~arge~imp~rtant~r~therwisesigni~cant- 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 adequately addressed. If question d of part ii was checke yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CE/ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaraUon. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actior 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 Pdnl or Type Name et Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (It different from responsible officer) APpeALS BOARD MElvlB~RS ~'~ Gerard R Goehringer, Chairman Lydia A. Tortora George Homing Ruth D. Olive V'mcent Orlando $outhold Town Hail 53095 Main Road P.O. Box 1179 Southold, New York 11971..0959 ZBA Fax (631) 765-9064 Telephone (63i)'765-1809 http://~outholdtown.northforlanet BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION btEETING OF MAY 16. 2002 Appk No.!5;t03 - G-'Wvnet~ 1~3~emr &,ano. Location::..1995 RyderFarm,Lane'. S. outho[d; CTM Par¢~; 15,-3-1.1 BASIS OF APPUCATION; Building DepaRment's Februmy 4 2002 Notice of Disapproval, uRder i. Z0~G' 'C~.,e-S~" 10~-33C;,'f0r:~he reason ~flat appllc~ts' ~P~ed ancesso~ pOol is in an are~i-0the[~:th~in the ~r~d rear y~rd. or 50 feet from tile front proper~y line when located in a front yard on {his weten~h3nt~parCel. ~.,.R._E~. ~.A~,~I~ ~:EQ~.~..F~ 3'E?: Appl!cants request, a Variance ~ locate an accesso~ swimming * ~ ~, ~ d~t~hei:l~by tbe Building Department as a' fn3nt yard except that th~ setback .fr~ifi. the ftor~'~d~pe~ ,;~ w~i~ be 34 feat at ts closest Ooint Ih~teed of 50 feet (~f, ;JosePh thgegno. LS. Map revised April 19, 2002 submitted April 26, 2002) instead of the original 36 ft noted In the Builriing Department's Notice of Disapproval. FINDINGS OF FA(~T The Zoning Board of Appeals. heM a public hearing on this application on May t 6, 2002, at which time w~tten and~r~! ~ar~ was:,p~senfa~. Based upo~ alt testlmony,'doc, u~h~n, personal insPe~'on o[ the pmpeit~ end the area, ond oti~er'evidence, the Zoning ~oard finds the fallowing facts to be true a~l relevant. ~ The applicants' propeC~y,cootei~s an =area of 73;758~sq. ff. with 31,2+. ~'h~ntagaaloog the L0ng Island :Sound, 200 ff. along tile seathe~y propeK7 liae, and an average lot dap~ of 270+- ~ The lot is Improved with a one and-two stery frame dWelling ~and two access0r~ busings, as shown on the site prepared by Joseph A. Ingegno, L.S, dated February 2~,.20e'1, '~dse~t Apri ;I 9, 2002. REASONS FOR BOARD ACTION: In a~:m:lance ~ the review standards set forth in Town'Law 287~3~-ama?~e~. ~le~ B~ardlhas cqnsibered the benefit to the applicant if the variance is gr;a~; as weigl~ed~agai~t,th~detdment-to the health, safety and welfare of the neighborhood and'commanity by Sa'ch g~ant, and determines that: 1. Grant of the area,variance, as alternatively noted below, will not produce an undesirable change in tl'~charect?.of the nei~h~:~[ood or detriment to nearby properties. The property has a tsrge front yard are~,',whi~ ~tv~.~ ~appeamnce of a rear yard on this water[rant property. The pool is proposecti~ a p~ yard area except for a 10 ff, area of the pool length. 2. The benefit ~obght by' ~he"applicant' cannot be achieved by some method, feasible for the applicant to ?u~ue,. other than an area variance; the variance prov;des for a 10 ft. reduction, allowing spa_C? [or a:.~pos~!ble fulare relocation of the principal (preexisting) dWelling which is currently IoCal~ri;0n~y 14'8e from the top of the bluff, and which is bisected by the Coastal Zone Parcel 15-3-1.1 at Odent Management beunda~ li~.e, restd~dng new constmction..TJ~e applicant wants to have. room w ~out interference, possibly Created/bythe large poo~t~ a'50 l~Tro~t yard se'tJ~a'~.,j~ th' ~l'e~t:t~ Co~. 3. The variance, as alternatively granted, is substantiaL, representing a 10 ft. vadance from t~e front yard. The new accessory pool construction meets or exceeds the 100 fL bluff setback requirement and lot coverage restrictions of the code. 4. The vanance granted will not have an adverse effect or impact on the physical~or environmental condi~ons in the neighborhood or district. No evidence has been subm~ed to suggest that this minor variance will have an adverse impact on physical ar environmental conditions in the neighborhood. 5 Grant of. tl~ requested var!a, nce is the mini.mum ~ction necassa{y and ad~uate to ffnable applicant to enjoy the ber)effi o[ a swimm ng pOOl, while pmSer~!ng and protecting,fl~e; char,ac{et of the neighborhood and the health, safety, and welfare of the community. I~:)ARD RESOLUTION ACTION OF THE BOARD: In considering all of the above fac-tom, and applying the balancing test under New York Town Law, motion was offered by Member Homing, seconded by Chairman Goehringer, and duly carried, to GRANT the 40 fL front yara sea3ack at its closest point, instead of the original relief refluestecI. Th~ action dmas net 'authorize :or condone any cun'eat er [utum~ gsa, setback, or,o. th~: feature of the subject property ~',a;: viobltes the Zoning Code, other'than such ~JseS, s~tbacics ahcl-t~th~.~s aa. are expressly a _c~ressed in this action. Vote o~ the Board: A.'yes: Membem goeh~n), Tort.~a~No.m~ng, a~d. Odando. / e rdP. ,,% =4 '00" W $ 8~,26'00" w "~ --~ ~/Olr 200.00 'N; NORT' LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY. MAY 16, 2002 PUBLIC HEARING NOTICE IS HEREBY GIVEN. pursuant to Section 267 of the Town Law and Chapter 100 {Zonlng); C0de:of the Town of Southold, the following app cation w be heard at public healings, by'the sOUTHoED TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southokf, New York 11971~ on Thursday, May 16, 2002, at the time noted belOw (or as soon th'~af~r as possible): 6;50 pm. App! No. 5103 ~ Gwyneth Ketterer &,ano. This is a request for a Variance U~le~ E~ecti~n 1~i0-33C based .oh the Building Department's February 4 2002 N~l .c~. Of Dls~.ppr0val:concemlng applicants request to.locate, an accessory pool in an=area o~er than the required rear yard. Location;of Property: 1995 Ryder FarmL~ne, SOuth"old; Parcel 1000-15.-3-1;1. The Board of ApPeaJs will hear all persons, or their representatives, desiring to, be heard at each': hea~ing, a~td/or:deslring to submit written statements before th~ conclusion of each hearlilg~ Each h~aring will not start earlier than designated above. Files are avallable/f0r~revieW durlr~g regular Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you~hav~ quesfl~onS, ~ e~se ~o not hes tste to ca {631) 765-1809. Dated: Wednesday, April 24, 2002. Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 (Tel. 631-765-t809} A~.EA OF AD~DITION EXI&TIN® DUILDIN® 20'-0~_~_~ NE~ 5TONE ~OOD ~ENOE PARTIAL SITE PLAN SCALE: 1"=10' S IT_~EE DAT~A SCTM # 1000-t 5-03-t.1 PROPERTY: 1995 RYDER FARMS LANE ADDRESS ORIENT POINT, NY OW_.N. ER: GWYNETH KE'I-rERER & MARY B. SYKES u~ SITE. 73,758.49 SQ. FT. [] 1.693 ACRES ~ zo.,.o: .-~o ~ SURVEYOR: Nathan Taft Corwin III 322 ROANOKE AVENUE RIVERHEAD, New York 11901 m LICENSE # 50467 DATED DECEMBER 20, 2002 88'26'00" W 100.00 ~ ~ ~ ~ 75' S 88'26'00" W N/O/F ~mON ~. m~zm~ONS SITE PLAN SCALE: 1"=30' N/O/~ NORTH SEA DRIVE 88"26'00' W '4 R£C~.tV£~ I NOV O ~ 2oo~ I I DRAWN BY: UT CHECKED BY: NS DATE: October 8, 2009 SCALE: 1 "' = 30"0" SHEET TITLE: SITE PLAN SHEET NO: 1 SCALE: 114" [] 1' -0" SCALE: 1/4" = t' -0" EXIOTIN~ OEC, oND FLOOR NEH ~E~OND FLOOI~ H EAST ELEVATION SCAILE: 1/4" = t' -0" WEST ELEVATION SCALE: 114" = t' -0" -EXIST. NEH E~ATH NEH tdE~_.HANIC,,AL. RH POOL HOUE:,E FIRST FLO__OR PLAN SCALE: 1/4" = 1' -0" 5TAI~ HALL NEH ~tO~ i I SECOND FLOOR PLAN SCALE: t/4" = 1' -0" NS )ATE: Dctober 8, 2009 SCALE: 114"= 1'-0" ;HEET TITLE: FLOOR PLANS & ELEVATION= SHEETNO: SOUTH ELEVATION SCALE: 114" = 1' .0" EXIST. UTILITY ~=XISTIN~ ~ARA~E AND 5TCh~A~E AI~EA ~ ~ r ~ EXI~TIN~ ~TUDIO EXI~TIN~ fi OOF= BtELO~ FIRST FLOOR PLAN SCALE: I/4" = 1' -0" SECOND FLOOR PLAN S;CALE: t/4" = 1" -0" EXISTING CONDITIONS SCALE: 1/4" = 1' ~" EAST ELEVATION SCALE: 114" = 1' -0" NORTH ELEVATION SCALE: 1/4" = t' ~}" UT NS ~)ATE: OCTOBER 8, 2009 SCALE:I/4" = 1' - 0" ~HEET TITLE: EXISTING ~ONDITION~¢ SHEET NO: EX-1