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HomeMy WebLinkAbout1000-37.-4-2OFFICE LOCATION: Town Hall Annex 54375 State Roate 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 Gerard P. Goehringer, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, LWRP Coordinator Scott A. Hilary, LWRP Coordinator Date: May 12, 2009 Re: ZBA File re£. No. 6277 SCTM# 37-4-2 JOHN and KATHLEEN BERKERY # 6277. Location of Property: 250 Bayview Drive, East Marion (adjacent to Spring Pond); SCTM 37-4-2. Requests for Variances under Sections 280-116 and 280-124, based on the Building Inspector's January 15, 2009 Notice of Disapproval concerning an application for a building permit to construct additions and alterations to the existing dwelling. The reasons stated for disapproving the application are: (1) a single side yard setback will be less than 10 feet; (2) the combined side yard setbacks will be less than 25 feet (both sides); (3) the rear yard setback will be less than 35 feet from the property line; (4) the setback to the bulkhead will be less than the code required minimum of 75 feet; (5) the percentage of lot coverage on this buildable lot area of 8,676.41 square feet will exceed the code limitation of 20%. THE FOLLOWING SECTION ADDRESSES THE VARIANCE REQUEST FOR SETBACK TO BULKHEAD: 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 CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. The proposed additions will not result in an increase in the existing footprint or increase in the ~round area coverage of the single family dwelling. S0ZL J~D ~8~IRVAT Z ~' DI6TR,~CT F$,.~: {652] 727.~3160 USDA NRC:S COUNTY OF SUFFOLK PA~E Paul A. ~eNl, enhuis ]unc 8, 2009 Chaimaan Oerard Ooehringer Board of Appea~s, Town of Southold 53095 Mah~ Rd, P.O. Box 1179 Southold, New York 11971-0959 dUN 1 0 2009 RE: ZBA File REF. No 6277 (Bc~kley) Dear Chairman Csoehringer: As requested, a site r~view was conducted at 250 Bayview Drive in East Marion. The site was evaluated for potential natural msourec concerns rel~srding the replacement of the sun porch with deck and roof st the residence, Stonnwa~r control will be addressed with ~utters, downspouts which drain into under,round drywolls. At the time of this site visit, Jtme 9. 2009. the rear porch appeared to be under construction. There were no observed natural resources concerns. The setback appeared to be in line with the neighboring structtu~s. The propcn'y is situated on Spring Pond and is somewhat protected by a small bulkhead. The bulkhead is currently m good condition and well vegetated, with gra.s~es, iris and additional plantings; no erosion was observed. It is recommended that'm-vegetation ofdi~urbed areas is completed as soon as possible after construction with native plantS and ~rasses. No natural resource concerns were observed with regard to the replacemem of existing sun porch with deck and roof to this residence, ~ ........ If you require further assistance in this matter please don't hesitate to eomact me. District Technician 423 GBIFFiNG AVENUE SUITE 110 RIV~RHEAD, NY 11901 The following Best Management Practice (BMP) is recommended: l) Expand upon the existing non-turf buffer to include a 20' non-turf vegetative buffer landward of the bulkhead, utilizing native, non-fertilizer-dependent vegetation. 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, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 January 30, 2009 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Reft No. 6277 RY) Dear Mark: We have received an application for additions ~d alterations, as detailed on the enclosed map. A copy of~e Building Inspector's Notice of Disapproval ~der Chapter 280 (Zoning Code), ~d su~ey map, project description fora, are attached for your referee. ~ May we ask for your written evaluation w~th recommendatmns for th~s proposal, required under the Code procedures of LW~ Section 268-5D. ~ , Th~ you. Very truly yours, Gerard P. Goehringer Chairman Encls. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: January 15, 2009 TO: Mark Schwartz for J & K Berkery P O Box 933 Cutchogue, NY 11935 Please take notice that your application dated January 9, 2009 For permit for additions and alterations to an existing dwelling at Location of property: 250 Bayview Dr., E. Marion County Tax Map No. 1000- Section 37 Block4 Lot2_ Is returned herewith and disapproved on the following grounds: The construction, on this non-conforming 8,676 sq. ft. lot in the R40 District, is not permitted pursuant to Article XXlII, 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 and have not merged pursuant to 280-10. The required side yard setbacks are 10'& 25' combined. The survey indicates a minimum setback of 3.75' & 8.75' combined. The required rear yard seback is 35'. The survey notes a rear yard setback of approximately 23.3 feet. Also, the "as built" construction is not permitted pursuant to Article XXII, Section 280-116 which states: "All buildings or structures located on lots upon which a bulkhead .... exists & which are adjacent to tidal water bodies other than sounds shall be set back not less than 75' from the bulkhead." The proposed rear porch structure is setback approx. 23' from the bulkhead. in addition, the required lot coverage is 20%. Upon completion the proposed lot coverage is 26.07%. ' Authorized Signature SOUTHOL§ 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 approve, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural districa Ail applications requiring an agricultural data Statement must be referred to the Suffolk CounO~ Department of Planning in accordance with sections 239- m and 239-n of the General Municipal Law. 3) Name ofl..and Owner (ifother than applicant) : ,J,o../:/~/.~ ~iqt.~,~,~ 6) Location of Proper~y (road and tax map number): ' ,~ ?- ? -2_ 7) Is the parcel within an agricultural district? [-INo FJYes If yes, Agricultural District Number ~] [ 8) Is this parcel actively farmed? F]No l~]¥es C:[-/,q4 . ~ ~- -/ 9) Name and address of any owner(s) of land within the agricultural district containing ,%tive farm operation(s) located 500 feet of the boundary of the proposed project. (Iaformatiun may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (PleaSe use back side of page if more than six property owners are identified.) The lot numbers may bepl~ained, in advance, when requested from the Office of the Planning Board at 765- Signature o~pplicant Da{e Note: 1. The local board will solicit comments from the owners of lend identified above in order to consider the effect ofth~ proposed action On their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this aPPlication. 3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such fin~ means the application is not complete end cannot be acted upon by the board. 1-14-09 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only ~ Fee: $__ Filed By: Date Assigned/Assignment No. Office Notes: HouseNo. 250 StreetBay~iew Avenue Hamlet East Marion SCTM 1000Section37 Block04 Lot(s). 02 LotSize 8676.4 Zone R 4£ I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 01/15/09 BASED ON MAP DATED 01/09/09 Applicant(s)/Owner(s): John and Kathleen Berker¥ MailingAddress: 23 Cedar Place Garden City, NY 11530 Telephone: 917-587-3799 Fax#: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's anorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Mark schwartz, Arch±tect for (X) Owner, or ( ) Other:. Agent's Address: PO Box 933 Cutcho~ue 11935 Telephone 734-4185 Fax#: 734-2110 Emaihmksarchit ect@optonl ine. net Please check box to speci, t~ who you wish correspondence to be mailed to,from the above names: ~ Applicant/Owner(s), or ~ Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 01/09/09 AN APPLICATION DATED 01/09/09 FOR: ~! Building Permit 13 Certificate of Occupancy [] Pre-Certificate of Occupancy [3 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.) ArticleXXII Section280-124 & 116 Subsection Type of Appeal. An Appeal is made for: [XA Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. D Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has, [Xhas 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 office for assistance) Name of Owner: ZBA File REASONS FOR APPEAL (additional lheets rnaF be used with t~revarer's si~naturek AREA VARIANCE REASONS: (I) An undesirable change will not be p~duced in the CHARACTER ofthe neighborhood ora det~menttonearbyp~iesifgrant~,~cause:no major expansion of the structure is requested. The maxn roof will remain in place. The existing Sun Porch will be removed and a new deck will be built in its place. A new hip roof is proposed over the south deck area. (2) The benefltsought by the applicant CANNOT be achieved by some method ~asible ~rthe applicanttopu~ue, otherthananaraavariance, because:the existing dwelling already has nonconforming side yards and any expansion within a 75'distance from the bulkhead requires relief from the Zoning Code. (3) The amount of relief requested is not substantial because: same as #1 (4) Theva~ancewi~N~Thaveanadversee~ect~rimpact~nthephysica~renvir~nmenta~c~nditi~ns intheneighborhoodordist~ct ~cause:The mass of the structure is reduced and the stormwater runoff will be collected into underground drywells to manage and control roof and site drainage. (5~ Has the .alleged difficulty b~e~ ~lf-cnate~? ( )Yes, or ~()No. The existing dwel 1 lng is s~tuate~ ~n a nonconzorming ±ocation. Are there Covenants and Restrictions concerning this land: ~ No. [] Yes Iolease furnish conW. 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. OMPLETE ~o~zed Agent yrom Owner) Chech this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND ATTACHED USE VARIANCE SHEET: (Please be sur~,~/f,O/t~ltyour/~lt/r/t~'y.~ Signature of Appellant o~'A~ Sworn g0 before me this ' Note,'~'Public ~omr~ss~n THE APPLICANT'S PROJECT DESCRIPTION (F~r ZBA Reference) Applicant:Mark Schwartz for Berkery Date Prepared: 01 / 2 0 / 0 9 1. For Demolition of Existing Building Areas Please describe areas being removed: Sun Room (12' x 15') II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensionsoffirstfloorextension: new roof over 12'-6" x 29'-6" deck (south) Dimensions of new second floor: none Dimensions of floor above second level: none Height (from finished ground to top ofridge): 17'-9" (north) 23'-5" (south) Is basement or lowest floor area being constructed? If yes, please provide height {above ground) measured from natural existing grade to first floor: no additions to existinq basement IlL Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet ifneeess~) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: One story dwell±hq w±th Sun Room, open deck and walk out basement NumberofFloors andChanges WITH Alterations: One story dwellin9 with roof over deck and walk out basemen¢ IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 23 07.2 sf Proposed increase of building coverage: no increase Squarefootngeofyourlot: 8676.4 sf Percentage of coverage of your lot by building area: 26.07% V. Purpose ofNew Construction: remove Sun Room to create porch area on South ~q~d~_: covorod Entry at ~_a~qt ~id~_ and new Olltdoor ~qhow~r at w~qt VI. Plasedesc~ ~elandcontours(flahslo~ %,heavilywood~,marsharea, e~.)onyourland andhow ~ relatas tothedifficul~in mectingthecoderequiremen~s): mostly sliqht slope on property to the south with steeper slope towards bulkhead 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 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? E Yes ~No Are there any proposals to change or alter land contoum? ~ No [] Yes, please explain on attached sheet. 1 ) Are there areas that contain sand or wetland grasses? yes 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? yes 4) lfyour property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? aDnlied Please confirm status of your inquiry or application with the Trustees: have ney had hear±hq yet; 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? yes 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.) F. Do you have any conslruction taking place at this time concerning your promises? ye s If yes, please submit a copy of your building permit and map as approved by the Building Depa~ment anddescribe: interior alterations, replace windows, doo~s, siding and roofing G. Do you or any co-owner also own other land close to this parcel? no If yes, please label the proximity of your lands on your map with this application. H. Please list present use or opemtions condueted at this purcel single family res with Sun Porch & deckandproposeduse single family res with covered porch, (~xampt¢.~e/dgfin~jllpgle-family; proposed: same with gm-age or pool, orotherdescription.)Entry roof & outdoor ~_~ ~~ ~gt//,~/d ~ shower. ~BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ~pprove(i Disapproved a~c ,20 Expiration PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before apply/ng? Board of Health 4 sets of Building Plans Planning Board approval Survey( Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: 9 Building Inspector PLICATION FOR BUILDING PERMIT Date INSTRUCTIONS 20__ 8LD& DEffi'. .... ll~N OF $0UII~0tD a. This application MU~ toe co )letely filled in by typewriter or in in~ and submitted to ~h~ Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building InSpector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months afer the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted ~n the mtenm, the Bmlding Inspector m y authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be requked. APPLICATION IS HEREBY MADE to the Building Department for the i~suance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with ali applicable laws, ordinances, building code, housing code, and ~e~lations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature o~tSlican~t or name, if a corporation) (Mailing address of applicant) -- State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of premises Jd~ ,} ¢ ~'/~tf? .'~~ g~5 of owner (~s ~)n the tax roll or latest deed~ If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. L~_cation of l~gd on which proposed,~ork will be done: ~//~,,~/~,,~) 5-0 Ho~se N~ber [ S~eet H~let Co~tyZ~MapNo. 1000 Section .~ 7-- ~___ Block 0 ~ Lot Subdivision Fil~ Map No. Lot 2. Stat~ existing use and occupancy ofprem, j,ses and intended use and occupancy of proposed construction: a. Existing use and occupancy .~tA)~'(.-~ f"'7~/V/O~ /f/&".f' b. Intended use and occupancy Nature of work (check which applicable): New Building. Repair Removal Demolition Estimated Cost If dwelling, number of dwelling units If garage, numlser of cars Addition )X~ Alteration OtherWorki~'~,u6. Sa.,.a P~ ¢t.-/ OgEL~ ~ (Description) (To be phd on filin~ ~s application) N~ber of dwelling units on each floor ~ ~ ~ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use./¢7''~9 D~menslon~of~exi~stln ~(../~J_3' 7. ' ' ' ' g structures, if any: Front Rear Depth Height. Number of Stories Dimensions of same structure with alterations or additions: Front Depth. Height 8. Dimensions of~nfire new c~nstruction: Front Height 9. Size of lot: ~ront ~ Rear Number r es !,, ~: Rear [ L. Dept_h:; _._.j Depth Number of Stories .Rear 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated I2. Does proposed construction violate any zoning law, ordinance or regulation? YES/~ NO 13. Will lot be re-graded? YES NO y Will excess fill be removed from premises? YES NO 14. Names o f Owner of premises f, .~F,t,,/ ~3 C~t:2/h~ Address C.~.4P~ ¢,jO/ Phone NO. ~//' ~ Name of Architect /t'/,O0~// JL~I'Z- Address Phone No J~.__~_~:~$~ Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YESt~/ NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERM]~T~.MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES~ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation atany point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO ~ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF SW'afac~) //~f~/t~ ~ ~t~,/~'/~/~ ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S>Heis the d/~ C tt/7 7-'~' O-f-'~/,~,~g. ar.d /-~ (~ontracto{, A§ent, C~>rporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this day of 20 Notary Public Signature of Applicant FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 34381 Z Date JANUARY 12, 2009 Permission is hereby granted to: JOHN P BERKERY 23 CEDAR PLACE GARDEN CITY,NY 11530 for : INTERIOR ALTERATIONS, INCLUDING MINOR WINDOW & GARAGE DOOR ALTERATION AS APPLIED FOR at premises located at County Tax Map No. 473889 Section 037 pursuant to application dated DECEMBER Building Inspector to expire on JULY 250 BAYVIEW DR EAST MARION Block 0004 Lot No. 002 22, 2008 a/ad approved by the 12, 2010. Fee $ 368.80 Au~hogi ~ed Signature Rev. 5/8/02 COPY Town of Southold BERKERY PROPERTY LWltP 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 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 exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 37 - 04 02 The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. ~ Building Dept. [] BoardofTrustees [] 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: [] Nmureandextentofaction: R~move existing Sun Room. create porch area over deck on south side, add an Entry roof on the east side and an outside shower and roofing. Locationofacti0n: 250 Bayview Avenue East Marion Sitcacrcage: ,2 acres (8676.4 sf) Present land us~: single family residential Present zoning classification: R 4 0 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: (b) Mailing address: Mark Schwartz P.O. Box 933 Cutchogue, NY 11935 (c) Telephone number: Area Code ( ) 6 3 1 - 7 3 4 - 418 5 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section IH - Policies; Page 2 for evaluation criteria. [] Yes [] No ~'~ (Not Applicable - please explain) This project entails additions and alterations to an existing dwelling on a previously developed site in a h~avily developed neiqhborhood. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] (Not Applicable - please explain) The subject property does not contain nor affect historic or archeolo_~ical resources of the Town. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [-~ Yes [] No ~ (Not Applicable - please explain) To the extent the policy is applicable, the visual quality and scenic resources will be protected through protection and maintenance of the well ve_Getated embankment buffering the developed portion of the s~t~ from Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. ]~[inimi,e 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 - please explain) The project does not address nor affect erosion control structures or other or other erosion~flooding control ~nitiatives Attach additional sheets if necessary Policy S. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 throngh 21 for evaluation criteria [] Yes [] No ~ (Not Applicable - please explain) This project protects and improves water quality with the installation of a drainaqe system od drywells to control, manaqe and recharqe stormwater runoff and the existing vegetation on the embankment will be preserved and protected during construction by a project-limiting fence and staked hay bales. 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. [~ Yes [] No ~ (Not Applicable - please explain) This project wi]] protect and restore for the same reasons as Policy 5. AUach additional sheets i f necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [-~ Yes ~ No [] (Not Applicable - please explain) AUach additional sheets if necessary Policy 8. Minlmize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section HI - Policies; Pages 34 through 38 for evaluation criteria. [] Yes ~ No [] (Not Applicable - please explain) 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 - please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section II1 - Policies: Pages 47 through 56 for evaluation criteria. [] Yes [] No [] (Not Applicable- please explain) Atlach additional sheets if necessity 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 - please explain Attach additional sheets if neeessa~y 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 - please explain 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- please explain Prepared 01/19/09 Mar~~rtz, AIA - Architect PROJ~:CT i.D. NUMBER I 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (To be compteted by Applicant or Project sponsor) 1. APPMCANTISPONSOR ~ 2. P~OJECT NAME John & Kathleen Berkery by Mark Schwartz Berkery Property 3. PROJECT LOCATION: Municipality East Marion c~unly Suffolk SEQR 250 Bayview Drive 176' east of Cedar Lane ~SCTM;luuu-3/-04-02) remove Sun Room to create a porch area on south side, new roof at east entry door and new outside shower on west side 7. AMOUNT OF }.AND AFFECTED:, 0. 1 a~'es tJItimatMy 0. 1 e. Will. PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER E~J~rlNG LAND USE [-ly,, ~No ,No.d~mbn~t~ Proposed construction is within 75' of the existing bulkhead and is in side yard require~ Zonin~ Board review and approval. [] Ye~ I~1 NO if ~. Im a~q~) and i~nMtM~m 1t. DOE~At4YA~PE~OFTHEACTION~A ~RRENTLYVALJO~RMIT~AFPROV~? ~Yu O~ if~.~ege,~,amiahdpin~x~wBldg Dept approval and new windows, doors, siding and roofing for interior work ~2. A~ A RESULT OF FRO~OSF~ ACTION WILL EXISTING PERMII'/AP~ROVAL REGUIRE kO~F~A~C~T t~yu [-Ji~ Bld~ Permit If the action is in the Coastal Area, and you am a state agency, complete the Coastal Assessment Form before prmmeding with this assessment OVER PART II--ENVIRONMENTAL ASSESSMENT (To be 'completec~ I~y Agency) IA DOES ACTION EXCSED ANY TYPE I THRESHOLD IN S NYCRR~ PART 617.47 If yes. coorchnale the rewew process anc use the FULL EAP . WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS ~N 6 NYCRR PART 61767 If NC, a nega[~ve cepgatal~o~ 0. WILL THE PROJEGT RAVE AN IMPACT ON THE ENWRONMENTAL CHARACTERISTICS THAT CAUSED THE I~STABUSHMENT OF A CEA? E. IS THERE. OR IS THERE LIKELY TO SE. CORtTROVER~Y RELATF.~ TO POTENTIAL ADVERSE I~IVlRONMENTAL IMPACT~? t~ YI~ [] NO I! Yea, explain I~eit~ PART III--DETERMINATION OF SIGNIFICANCE (To be completed by Agencyi INSTRUCTIONS: Fo~ each acNerse effect tcle~tlfiecl above, determine wttether it is substantial, large, important or otherwise significant. Each eftect snoul~ De assessec~ in connection with its (a) setting (i.e. ufOan or rureQ; (1~) probability of ocPurnng; (c) ciuralion; (d) irreveraibilit¥; (s) geographic scope; and (f) msgnitucla. It necessary, split attachments or refemr~e aupporUng materials. Ensure that exelanations contain sufficient detail to ~ thai ail relevant a~verse im~a~ts have ~ iclentltiscl anct s~equately a¢clressecl, it' Question D pi Part II was cllecked yes, the Qeterminatlon and significance must evaluate the potential, impact of the prol~osec~ action on the e~vironmental characteristics pi the CEA. [] Check this box if you have identified one or more potsntFally large or significant adverse inf~i?cts whict~ MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have de~erminarl, basecl on the Information and analysis above and any supporting documentation, that the prol:K~a~ action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessar/, tile reasons supporting this determination: .John and Kathleen Berkery 23 Cedar Place Garden City, NY 11530 917-587-3799 January 21, 2009 To Whom It May Concern: I, John Berkery, authorize Mark Schwartz, AIA - Architect, to act as agent for permit applications to the Southold Town Board of Trustees, New York State Department of Environmental Conservation, Suffolk County Department of Health and Southold Town Zoning Board of Appeals. The proposed residential construction project is located at 250 Bayview Avenue, East Marion, New York (SCTM#1000-37-04-02) date: DECK SUNROOM I._IV]NG ROOM DINING~EA DEN K1TCHEN BEDROOM I GARAGE NASTER (~ EXISTING FIRST FLOOR PLAN NEW ENTRY K1TCHEN EXIST. BEDROOM i EX~ST. BATH BEDROOM MASTER BEDROOM STORAGE OPROPOSED FIRST FLOOR PLAN ®~ ~ ' ', - ~ ~ ~_~/ / Foundation , Bath Extension J t . z , ~ ' ' . ~- Extension ) ~ J ~": ~ ~t. WaJJ ~ .= , interior Finish Extension__ ~ Fire Pbce ~ [, . Hem _ ,,, ~ Potio /'2 % /~= 1~ Rooms 2nd Floor O.B. ~o OWNER TOWN STREET ~.,,,.__ O DISTRICT OF SOUTHOLD P'ROP/ERTY RE. CORD CARD ~,LLAqE / SUB. W ACREAGE TYPE OF BUILDING LAND SEAS. IMP. ~foo (_o.~oo NEW N O RMA L Farm Acre Tillable 1 Tillable 2 Swampland Brushland Tillable 3 Woodland House P Iot~,,,. Total e/l,. 16,,~, ~)R/e/~ 15 $, SURVEYED FOR: JOHN & KATHLEEN BERKERY LOCATED AT: EAST MARION, SUFFOLK CO.,N.Y. LOT: 122 MAP OF:"GARDINERS BAY ESTATES,SEC.2" SCALE 1"=20' S.C.T.M.# 1000-037-04-002 FEMA MAP INFORMATION PANEL-MAP~ 36103C0177 G EFFECTIVE DATE; MAY 4, 1998 PROPERTY LIES IN THREE FLOOD ZONES THE FIRST 80'+- LIE IN ZONE X- (AREA OUTSIDE 500 YEAR FLOOD ZONE) THE MIDDLE PORTION OF PROPERTY AND MOST OF 1-STY, DWELLING LIE IN ZONE X- SHADED (AREA IN 500 YEAR FLOODPLAIN) THE REMAINING APPROX. 25'+- OF REAR PROPERTY LIES IN FLOOD ZONE AE-ELV.9.0' 10' FILE # 45467 WILLIAM R. SIMMONS~3RD.,L.S.P.C. 11 MEROKE LANE,EAST ISLIP,N.Y., 11730 PH.(631) 581-1688 FX.(631) 581-1691 DATE: 12/3/2008 I SCALE: 1"= 20' I DRAWN BY: T,C. ~ -- ~ I~ l ~ E~S~G SOUT~ ~EVA~ON ~ ~SmG mST ELEVA~ON