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HomeMy WebLinkAbout1000-115.-12-23.2 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 of App~aJs From: Mark Terry, Principal Planner ~, LWRP Coordinatod~' ~/ Date: August 17, 2009 Re: ZBA file Ref. No. 6330 (Kelly Mye~ Location: 1730 Deep Hole Drive, Mattituck; CTM 115-12-23.2 (adjacent to Deep Hole Creek). The proposed action is an request for Variance from Zoning Code Section 280-116, based on the Building Inspector's amended August 12, 2009 Notice of Disapproval concerning a proposed addition to the dwelling at less than 75 feet from the bulkhead. On April 22, 2009 the Southold Board of Trustees issued a permit for the proposed action with the following condition (in part): 1. Non-treated lumber shall be used in construction of the deck. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP. Figure 1. Subject pamel shown'at arrow terminus. Purs. uant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency ofthe proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney APPEALS BOARD MEMBERS Gerard E Goehringen Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman Mailing Address: Southold Town Hall 53095 Main Road · PO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor. North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197I http://southoldtown.nor th [ork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 August 17, 2~99%%; ...... Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6330 (amendment to # 6306) Myers, Kelly Dear Mark: We have received an application for additions and alterations to existing structure. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, were submitted to you on May 7, 2009. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested by August 25, 2009. Thank you. Very truly yours, Gerard P. Goehringer Chai~.,. // Encls. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Fee: $ Office Notes: __ Filed By: For Office Use Only Date Assigned/Assignment No. House No.J 730 Street P¢¢/~ /t/a/~ /~f/~'~ Hamlet ~a~Lj,~)~< ~ SCTM1000 Section //5- Block/2 Lot(s) 2,~, ~. LotSize ~o~ 5/: Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED .~-,2,~" - D~;~ BASED ON MAP DATED ~ - 9 - tg~ e vt) d ; Applicant(s)/Owner(s): /~"~ //fi/ MailingAddress: ~c:, Telephone: Fax #: Emaih NOTE: in addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: P¢~'~/~: ~,~/,~/J ~:~r~ for ( X~ Owner, or { ) Other: Agent's Address: .~,~'~t,~" ~,r~ /t~',ad ~ Please check box to specify who you wish correspondence to be mailed to, from the above names: [] ApplieanffOwner(s), or ~i~Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED ~- q-O AN APPLICATION DATED ~/3 - O 9 FOR: ja~Building Permit [3 Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction {3Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) ArticleXg.l~ Section 280- /.2. z~L Subsection Type of Appeal. An Appeal is made for: J~ff, 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 appeal [] has, ~{'has not been made at any time with respect to this property~ UNDER Appeal No. '~Vear ' (Please be sure to research before completing this question or call our office for assista~ce.) - , - Pi=CONIC PERMIT I XPI DITING Bulldm~j / DEC / Variance / Marine 32645 Main Road · Cutchogue, NY 11935 E-Mail Deconicoemaits~t~tonline.net Ph 631.734.8361 · Fx 63 !.734.2276 April 27, 2009 Revised: August 12, 2009 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 RE: Questions on Application Due to the uniqueness of this application, I will be addressing these questions to each of the four variance requests being made. An undesirable change will not be produced in the CItAR~CTER of the neighborhood or a detriment to nearby properties if granted, because; As this is only a rear deck application, we feel that it will not change the character of the neighborhood. Decks are typical in any waterfront community, and especially on the creeks such as this. o The benefit sought by the apph'cant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because; Due to the size of the subject property, there is nothing we can do to avoid the need for a The amount of relief requested is not substantial because; We are only asking for the existing side yard setbacks to be extended to the decks. This is not substantial since it already exists. Also the increase to 21.4% of lot coverage is not substantial since the new lot coverage will be open deck only. As for the setback fi'om the bulkhead, the bulkhead exists legally, and since the land has already been altered, the approval of this variance will not be substantial. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or the district because; There will be no adverse effect or impact on physical conditions or environment due to this project since it is a small deck addition. There are also bulkheads present in the rear yard, and also a non-tuff buffer as required for proper drainage into the creek. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 25, 2009 *Amended: 8/12/09 TO: Rob Lehnert for Kelly Myers 32645 Main Rd. Cutchogue, NY 11935 Please take notice that your application dated March 13, 2009 For an addition to an existing single family dwelling at Location of property 1730 Deep Hole Dr., Mattituck, NY County Tax Map No. 1000 - Section 115 Block 12 Lot 23.2 Is returned herewith and disapproved on the following grounds: The proposed addition on this non-conforming 8,480 sq. ff. lot, is not permitted pursuant to Article XXIII Section 280-12463 which states; 'q'his section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10." For lots less than 20,000 sq. fl., the required side yard setbacks are 10' & 25' combined. The proposed addition indicates side yard setbacks of 8' & 18' combined. *In addition, the proposed addition is not permitted pursuant to Article XXII Section 280-116 which states: "All buildings or structures located on lots upon which a bulkhead .... and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet fi.om the bulkhead." The proposed deck addition is indicated at 57' from the bulkhead. Also, the required lot coverage is 20%. The proposed construction indicates a lot coverage of 21.4%. This Notice of Disapproval was written based on the site plan of OS Design~ dated 3- 9-9. Kuthorized Signature Town Of Southoid A. INSTRUCTIONS ,LWRP CONSISTENCY ASSESSMENT FORM ': x All applicants for permits* including Town of $outhold agencies, shall complete thi~"~ for proposed actions that are subject to the Town ofSouthold Waterfi'ont 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 exem£t actions including Building Permits and other mtnisterial 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 esplanations of each policy contained in the Town of Southold Local Waterfi-ont Revitalization Program. A proposed action will be evaluated as to its sign/ficant 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 detemfination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LTM policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planrdng Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCT #./ / f /2. - .2..%.g The Application has been submitted to (check appropriate response): To~oar~ :q Pl~n~g~oa~[] ~uild~gDept. FI ~o~do~T~ustees 1. Category of Town of Southold agency action (check appropriate response): (a) Action m~dertaken 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, c~,c~i~i~-r~i Nature and extent of action: Locationoraction: l ? 3 a Site acreage: Present land use: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (b) Mailing address:_~ (c) Telephone number: Area Code ( ) (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?. C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use Of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~'~Yes ~-~ No ~ Not Applicable Attach additional sheets if necessary ?oiii2Y27~'r~teeFa~l~rega-rve-liisli~pi-c--h~l arcliaeo ol~gi~! resources o~h-e oTb~n~TS~t%3Fd7 See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria At~ach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources thrOughout the Town of South01d. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~] Yes ~'~ No [~ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources lrom flooding and erosion. See LWRP Section II/- Policies Pages 8 through 16 for evaluation criteria [--] Yes ~ No ~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and i~nprove water quality and supply in the Town of Southold. See LWRP Section III - POlicies Pages 16 through 21 for evaluation criteria [] Yes ~'] No ~'x'X~Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies~ Pages 22 thrOugh 32 for evaluation criteria, - --- Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold, See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~] Yes [] No [] Not Applicable Attach additiOnal sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Y~es [--] No [~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No []~] Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES wa ' ' Policy 10. Protect Southold's ret-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 or evaluation criteria. [DYe M-No ................... Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic l~stuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town' of Sonthold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes ~-~ No ~7] Not Applicable Al~ach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes [--] No ~ Not Applicable Created on 5/25/05 11:20 AM Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 May 7, 2009 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6306 (Myers, Kelly) Dear Mark: We have received an application for additions and alterations to existing structure. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, 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 this letter. Thank you. Very truly yours, Encls. Gerard P. Goehringer Chairm~,, ~ ~ ,,~ By: ~(~ ~ ' ,~ Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 76~5-9064 May 7, 2009 ~"'~ Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6306(Myers, Kelly) Dear Mark: We have received an application for additions and alterations to existing structure. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. May we ask ~or your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D. Thank you. Very truly yours, Gerard P. Goehringer Encls. TO: FORM NO. 3 NOTICE OF DISAPPROVAL Rob Lehnert for Kelly Myers 32645 Main Rd. Cutchogue, NY 11935 DATE: March 25, 2009 Please take notice that your application dated March 13, 2009 For an addition to an existing single family dwelling at Location of property 1730 Deep Hole Dr., Mattituck, NY County Tax Map No. 1000 - Section 115 Block 12 Lot 23.2 Is returned herewith and disapproved on the following grounds: The proposed addition on this non-conforming 8,480 square f~. lot, is not permitted pursuant to Article XXIII Section 280-124 which states; "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10. For lots less than 20,000 sq. fi. the required side yard setback is I0' and 25'combined. The proposed addition indicates side yard setbacks of 8' & 18' combined. Also~ the required lot coverage is 20%. The proposed construction indicates a lot coverage of 21.4%. This Notice of Disapproval was written based on the site plan of OS Design, dated 3- 9-9. Authorized Signature IFee: $ Office Notes: APPLICATION TO TIqE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only ] -- Filed By: Date Assigned/Assignment No. HouseNo.]730 Street/7~¢,ff /./t~,/~ Of/~'~ Hamlet /YI~¢t,Jt, G A SCTM 1000 Section [/~' Block [~ Lot(s) ~, ~ Lot Size 8~o~0 ~'/t: Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR Applicant(s)/Owner(s): /~ / ]~, Mailingnddress: ~ O~den Telephone: Fax #: Emai]: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, con~ract vendee, etc. and name of person who agent represents: Name of Representative: P~'d'~,~tG ~¢/,~/~ ~:~'~/r~-~ for (X~ Owner, or ( ) Other: Please check box to specify who you wish correspondence to be mailed to, from the abo~e names: [] Applicant/Owner(s), or ~Authorized Representative, or D Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED ~- ~ AN APPLICATION DATED ~ - O ~ FOR: ~,Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use 13 Permit for As-Built Construction DOther: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) ArticleX~(.~ Section 280- /.2. ~ Subsection Type of Appeal. An Appeal is made for: ~ Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [3 Reversal or Other A prior appealS, as, ~has not been made at any time with respect to this property, UNDER Appeal No. ~'~¥ ear.~ ~ (Please be sure to research before completing this question or call our office for assi~at]c~ ) ' t PI=CONIC PI=RMIT I XPI=DITIN Building / DISC / Variance / Manne 32645 Main Road · Cutchogue, NY 11935 E-Mail peconiepermits~optonline.net Ph 631.734.8361 · Fx 631.734.2276 April27,2009 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 RE: Questions on Application Due to the uniqueness of this application, I will be addressing these questions to each of the four variance requests being made. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because; As this is only a rear deck application, we feel that it will not change the character of the neighborhood. Decks are typical in any waterfront community, and especially on the creeks such as this. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because; Due to the size of the subject property, there is nothing we can do to avoid the need for a variance. The amount of relief requested is not substantial because; We are only asking for the existing side yard setbacks to be extended to the decks. This is not substantial since it already exists. Also the increase to 21.4% of lot coverage is not substantial since the new lot coverage will be open deck only. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or the district because; There will be no adverse effect or impact on physical conditions or environment due to this project since it is a small deck addition. There are also bulkheads present in the rear yard, and also a non-turf buffer as required for proper drainage into the creek. Name of Owner: ZBA File # REASONS FOR APPEAL (additional sheets rnav be used with preparer's signature): AREA VARIANCE REASONS: (I) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (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: a ,t4 d d (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been serf-created? ~Yes, or ( )No. ArethereCovenantsandRestricfionsconcerningthisland: ~No. [3 ¥es (~lease furnish covvl. 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. ATTACHED USE V.4RL4NCE SHEET: (Please ~~e~r Authorized Agent Sworn to befor~ me this ~ m~fl~Kmlt wriUen Authorizafio~ from Owner) tary ' ~.~ NOTARY pUBLIC-STATE OF NEW YORK NO. 02MC61S1514 Quallfi®cl in Suffolk County My Commission Expires August 0S, 2009 QUESTIONNAIRE FOR FB ING V~l'rii YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? [] Yes ~l~No Are there any proposals to change or alter land contours? lg~lo [~ Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkhqa, de~l between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? ~"~ Please confmu status of your inquiry or application with the Trustees: ,O~t~,~! ~ 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? A/O Are there any patios, concrete bamers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ~/~ (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? /~t t:~ If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: the proximity of your lands on your map with this application. H. Please hst present use or operations conducted at this parcel /~1~O~'~-~ ~- and proposed use ~; ~ ~_~ (exam~l~: existing:~,~l~le-family; proposed: same w/~h garage or pool, or ofiaer description.) ,~a~o~e and Date Do you or any co-owner also own other land close to this parcel? ,4/t9 If yes, please label 2/05; 1/07 TRANSACTIONAL DISCLOSURE FORM APPLICABLE TO OWNER, CONTRACT VENDEE AND 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 poss/ble conflicts of interest and allow it to take whatever action is necessary to avoid same. (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.) Variance ,)(. Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Gr/evance *If "Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood ~r business interest. "~ business includin a artnersh~ ~n which the Town officer or em 1o ee has even a artial ownershi of or e__mployrnent by) a corporation in which the Town officer or employee owns more than 5% of the YES NO /N~ If you answered "YITS", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Descr/be that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or descr/be the relationship in the space provided. The Town officer or employee or his or her, spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% &the shares of the corporate stock of the applicant (when the applicant is a corporati6n); B) the legal or beneficial owner &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. DESCPdPTION OF RELATIONSHIP S bmitted this APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ]~/~x/ fl'}/~r'.~ Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: ~c'X! 5 ~/,n5 d~C~ "tLo II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height (from fin/shed ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: HI. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please deschbe building areas: Number of Floors and General Characteristics BEFORE Alterations: .,~ Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of build'rags on your property: Proposed increase of building coverage: ~'~'$ ~'~: Square footage of your lot: Percentage of coverage of your lot by building area: V. VurposeofNewConstruction: ~ra~a~-A ~-~ ~,~ ~f~r/~r deO/'~ VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 'T'own Of Southold LWRP CONSISTENCY ASSESS1V~NT FORM A. INSTRUCTIONS All applicants for penni[s* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. Th/s assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Exceft 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 pohcy standards and conditions contained in the consistency review law. q~aus, 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# /Iff' 12 : ,2-S,Z The Application has been submitted to (check appropriate response): TownBoard ~ Planning Board D Building Dept. ~ Board ofTrustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b.) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: ,, __ ~(~ . Location of action: Site acreage: Present land use: Present zoning classification: 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: Kc ]//5/ (30) Mailing address: qff ~)md~O t~v~; I/[/,~tit.. ?~,t~fi?J,~y) (c) Telephone number: Area Code ( ) (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?. C. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use Of a coastal location, and mlnimi~es adverse effects of development. See LViRP Section III - Policies; Page 2 for evaluation criteria. ['-]Yes ~ No ~ Not Applicable Attach additional sheets if necessary .... Policy i. Protect and-preserve l~fstori-c and archaeological resources ~ the Town o~ld. See LWRP Section IH - Policies Pages 3 through 6 for evaluation criteria 71NoJX:I Not Applicable 'A~tach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Sonth01d. See LWRP Section !II - Policies Pages 6 through 7 for evaluation criteria [] Yes [~J No ~ Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III- Policies Pages 8 through 16 for evaluation criteria ~ Yes ['-] No ~ Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria ~-~ Yes ~ No ,~.. Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 2? through 32 for evaluation criteria. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section II/- Policies Pages 32 through 34 for evaluation criteria. Yes ~-~ No [~ Not Applicable At~ach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. yes ~-~ No ~ Not Applicable 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 HI -Policies; Pages 38 through 46 for evaluation criteria. Yes ~'~ No [-~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locatioas. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. -~y6S- fY'~Nd-~Ofx-P~liEa-b~ ..................................................... Attach additional sheets if necessary 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. ~]] Yes ~ No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town'of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes ~] No ~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes ~ No ~ Not Applicable Created on 5/25/05 11.'20 AM PART I - Project Information (To be complete by Applicaat or Project sponsor) 1. Applicant / Sponsor 2. Project Name $ roi ct~cation: Municipalily County 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENT.~IZ ASSESSMENT FORM For UNZISTED ACTIONS Only sEQ,~ 4. Precise location (Street address and road intersections, prominent landmarks, etc. or provide map) 5. Is proposed action: ) NEW (X)' EXPANSION ( ) MODIFiCATiON / ALTERATION 8. Descdbe project bdefly: 7. Amount of land affected: Intilally: ~, jq acres; Ultimately:~, /~:~ acres 8. Will proposed action comply with existing or other ex/sting land use restrictions:( ) YES ~ NO If No, descdbe briefly: §. What ia present land use in vicinity of project: (describe): I(~'[P. esidentJal[ ( )/ndustriat ( ) Commercial ( ) Agricultural ( ) Park/Forest/Open Space ( } Other 10. Does action involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal, Stale or Local) ? ~ YES ( ) NO If Yea, list agency(s) and permit/approvals: p,p4- 11. Does any aspect of the action have a currently valid permit or approval? l ( )YES ~:~NO If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, will existing permit/approval require modification? I{ ) YES 0<~.NO If Yes, list and permit/approvals: I certify that the informafion provided above is true to the best of my kn, owledge If the actio~nd~ie~,oastal~'fe~ arena state agency, complete the Coastal Assessment Form before proceeding with this assessment Pt=CONIC PERMIT EXPEDITING ~ulldmg / DEC / Variance / Marine 32645 Main Road · Cutchogue, NY 11935 E-Mail peconicpermitsra3,optonline.net Ph 631.734.8361 · Fx 631.734.2276 March 30, 2009 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 RE: ZBA Authorization Letter To Whom It May Concern, This letter is to authorize employees of"Peconie Permit Expediting Inc." to act as my agent in obtaining a variance/appeal fxom the Zoning Board of Appeals of the Town of Southold. If you have any questions, please feel free to call me at any time. Respectfully yours, Mrs. Kelly Myers - Homeowner 85/81/2889 15:21 G317659064 ZONINGBDOFAPPEALS PAGE 02/02 AGRICULTURAL DATA STATEMENT TOWN OF SOUTHOLD ~ TO U~E Tt~$ FORM: ~reform must be completed by the ap.vlieaatfor any special Usepermit, site plan al~pro~a~ ~e varia~co, or ~ttbdlvision approwd on properly within tm agrlculmral district OR within $00 fe~ of tt fartn operation lmxtted in agricultural stattmtnt must be refuted to tht Su~'olk County De4mrtment of Planning in accordance with sections 239- m anti 259-n of the GeneralMttnicipttt Law. · 2)Addr~sofApplican~ q'g' tg~n 3)Name°fLandOwner(jfothert~/nappli¢~w-t): ,~'~l],~ ~l~,¢t~ ' '' ~) Des~ri~ti°n °£Pr°p°sed ProJect: ',Or~,~ ~ ~ 6) Loaatioa of Property (rosd a~d Utx map number): / ?~ O t~,~ ?) ts the p~rC~l v4thm an agriculture! disU'ict? (~Zo ~Yes If yes, Agriculttu~l DisWict Number 8) Is tkisgaro¢! aetiv'e]¥ farmed? [~To 9) Name and ~dld~s of a~y owner(s) of land within the a~ricultural district contai'ni~ active far~. operation(s) located 500 feet of ~¢ boundary of the proposed project. (Info'aration may be available through the Town Assessor~ Office, Town Hs]l loc~tion (?~$-19~?) or from any public computer st the Tov~ Hall locations by viewing the p~cel numbers o~ thc Town of Southold Rea~ Prope~ Tax System. Name a~d Address (Please use back aide of page if more thn six ptop~'ty own~'s ~e i~.) ~? lot n~b~ ~y be ob~ ~d~, wh~ ~ues~ 1938 ~~~~~1809. ~om ~e Office Of ~e PI=lng Bo~d at765- ~ ~ ~ op~on. ~lici~on ~ll be rome by ~ppl~ng a ~py of~ ~L such ti~ meana ~he ~lt~ is nor ~1~ ~d c~not be ~ ~ by ~e ~a~. 1-14-09 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold. NY 11971 MAILING ADDRESS:  P.O. Box 1179 ~ Southold, NY 1197al,u.,.. Telephone: 631 76q~r~t[3~ Fax: 631 765~0 LOCAL WATE~O~ ~~ATION PROG~ TO~ OF SO~HO~ To: Jim King, President Town of Southold Board of Trustees ' ~i 'P~'? .... From: Mark Terry, LWRP Coordinator -~ Scott A. Hilary, LWRP Coordinator Date: April 8, 2009 p,p[~ 2 2 2009 Re: Chapter 268, WATERFRONT CONSISTENCY REVIEW Wetland Permit for KELLY MYERS SCTM#115-12-23.2 Peconic Permit Expediting on behalf of KELLY MYERS requests a Wetland Permit to construct a 633 sq.fi, deck at the rear of the dwelling. Located: 1730 Deep Hole Dr., Mattituck. SCTM#115-12-23.2 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this 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. 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulatory requirements of the $outhoM Town Board of Trustees laws and regulations for all Andros Pfttent and other lands under their jurisdiction Comply with Trustee .regulations and recommendalions as set forth in Trustee permit conditions. § 275-3 Findings; purpose; jurisdiction; setbacks. The following minimum setback~ apply to any and all operations proposed on residential property within the jurisdiction of the Board of Trusteqs: (a) Wetland boundary. [1] Residence: l OO feet. The distance from the wetland boundary to the proposed action (633 sq. ft deck) is les ~s~._.;~, 100 feet; a minimum setback distance of 100 feet from the wetland boundary is require~l__nnrs'~a~?.~/?A Chapter 275-3. Findings; purpose; jurisdiction; setbacks. Please require that the ap~l~,~mend ob' the application to meet the above policy to the greatest extent practicable. If the agency, Board of Trustees makes a contrary determination of consistenc% 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. H. In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the £WRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the LWRP policy standards. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Views of 1730 Deep Hole Drive / ~o ,;,~ ._,o-~. N OF-SOUTHOLD~'P"ROPERTY RECORD CARD~ ~->~--- · ~'~ ' ~ ' ' ' LJ ..g_~ ,. . ~.. ~: ~ W '~ND IMP. TOTAL DATE REMARKS .... ~ J ' ~ ~ -~ ~tlable 3 ' ' ' ' ' - W dl d'"OO-'On- : Sw=m~l~d FRON ~E ON WATER ON ~OAD ~"-~' ~~r~,,an~' -. . . FRONTAGE .House PI~ .. DEPTH ,,.,,~ ....... BULKH~D / '~ . .' D~K Extension COLOR TRIM 'ion ement Walls Fire Place Type Roof Dormer Driveway nterior Finish Heat Rooms 1st Floor 2nd Floo Dinette K. LP,, FiN. B. Total 'Extension Basement ~L Floors u~ 0'0{:[ Kit. E. xtens[on 'Ext. Walls ~/~ I~0-1 Interior Finish L.R -Extension Fire Place ~ Heat O! ~ D.R. Patio Woodstove BR. ~ Attic ~zeway · Rooms 1st Floor ?~er~!~e Driveway Rooms 2nd Floor OWNER TOWN OF SOUTHOLD PROPERTY RECORD CARD ~':F-R EET ACR. TYPEOF BLD. LAND IMP. PROP. CLASS TOTAL DATE VlLL-AGE - I '~STI REMARKS FRONTAGE ON WATER FRONTAGE ONROAD DEPTH BULKHEAD SUB. LOT TILLABLE WOODLAND MEADOWLAND HOUSE/LOT · TOTAL COUNTY OFSUFFOLK (~ ~ed Property Tox Service Agency rm o~ SOUTHOLD SECTION NO 5UR'V "r' OF PROPF:RT'r' 51TUATE: HATTIT1~K 'rol,~-. SUFFOLK ¢_...,OUNT~, NC' ..~UI=I=OL.I< ~ TAX .'1, IOOO - 115 - 1:2 - 2~.2 N DOUGLAS 0 PIF:5 FOUND Are~: O.Iq4-'/ A~.re5 C.~::)NTOUI:A~ ~l, ld, t= N~VD ®R~PHIG f~.ALE I"= 20' 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-\\Compaqserverkpros\08%08-152.pro Appellant .......... of tile Zonln~[Ordin~ncc, and thc decision of the ~uildi~ ~c~ ( ) be ~ver~ ( ) ~ {C~ ~ front} dood mmkAng it & sAn~Le parcel, but vt~h tbs lntmtlm of Ming tim 100 fir. o£ vucmnt l~nd for · oecmd d~ellJatg tn the future, fire now the SO L~. lxagca~lo It ~ ~he ~l~ of the Md that It Mould bo 8n un~m ( ) EXISTING DECK TO BE REMOVED AND REP,LACED WITH PROF,OSED +/- G33 5.P . DECK -% SITE AND ZONING DATA ZONING REQUIREMENTD R-40 EXISTING CONDITIONS PRO?ODRD CONSTRUCTION AD PER. 280 - 124 LOT AREA 8. 480 5.ff. 8. 480 5.ff FRONT YARD 5~DACK 35.0 ~ 52. 3' ~. 52. 3' ~. ~EARYA~D SETBACK 35,0 ~ DZ. G ~. 57. ¢ ~. SIDE YARD ~ETBACK I 0.0 ~ ~, 0 ~. ~. 0 ~. TOTAL ~ DOTH 51DdD 25.0 ~ J ¢. 0 ~ I &. 0 ~ M~. GE055 FLOOR AREA 20% I 172 5.F. 13.8% 1805 5.F. 2 I. 4% M~IMUM HEIGHT 35.0' F 20. O' ~ 20. O' ~ TCIEF'.E AI~.E NO O~I~E CHc0qGES, EXCAVATION, FILLING, AND/OR ~2LEAf~INO DONE TO THIS p~OPEf~T¥ REAR ELEVATION SCALE: I/8" = ILO'' P~.OPOSED DECK DECK PLAN SCALE: I/4" = ILO'' RXI5TING 5TRUCTU gAL TO R.EMAIN N[W WOOD RAILING TO DE 3G"MIN. @ 4" 0 C. PROPOSED DECK AT THE MYERS RESIDENCE 1730 DEEP HOLE DRIVE MATTITUCK, NY S.C.T.M. # 1000 - 115-12-23.2 REVISIONS: DATE: D(J'IOI1. P.O. Box 1106 OSSINING, NY 10562 Phone: 914.762.6072 Fax: 914.801.4167 PECONIC PERMIT EXPEDITING PHONE: G3 I .734.83G I TItESE PLANS AND SPECIFCATIONS ARE INSTRUMENTS OF SERVICE AND ARE THE PROPERTY OF PECON1C PERMIT EXPEDITING INFRINGEMENTS WILL BE PROSECUTED. DATE: 3-9-09 DR. BY: RWL SCALE: AS NOTED CHILD: J.S. 0813 A-1