Loading...
HomeMy WebLinkAbout1000-70.-4-46.1OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Main Rd. & Youngs Ave. Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: 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 ref. No. SCTM# 1000-70-4-46.1 LUKE LICALZI #6280. Location of Property: 2105 Calves Neck Road, Southold; SCTM 1000-70-4-46.1. Requests for Variances under Sections 280-15-F and 280-122, based on the Building Inspector% revised February 23, 2009 Notice of Disapproval concerning proposed additions and alterations to the existing accessory structure and concerning the accessory building (as-built pool-house) which are not permitted, for the following reasons: 1) Accessory Garage building with proposed additions/alterations: a) create an increase in the degree of the side yard location nonconformance, where the code permits a location in a rear yard or front yard on this waterfront parcel; b) create an increase in the degree of the setback to the side property line at less than the code required minimum of 15 feet on this 58,519 square foot lot; c) the height is proposed at 25 feet, where 22 feet is the maximum code-permitted; 2) Accessory Poolhouse building: the as-built construction is in a side yard, where the code permits a location in a rear yard or front yard on this waterfront parcel. THE FOLLOWING SECTION ADRESSES THE VARIANCE FOR SIDE YARD LOCATION NONCONFORMANCE AND SETBACK TO THE SIDE PROPERTY LINE FOR GARAGE AND SIDE YARD VARIANCE FOR POOLHOUSE: The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT pursuant to § 268-3. MINOR ACTIONS -- Include the following actions, which are not subject to review under this chapter: F. Granting of individual setbqck, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CELIA; [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 Hnnr, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 ~ 2009 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board O~'fi6~ Town of Southold Town Hall Annex .......... Southold, NY 11971 ~ ~ U~~..__ Re: ZBA File Ref. No. 6280 (LICALgI) ~, -~-- · · 'h_z ~'~'' ~d'k~O~x ,o Dear M~k: ,~ ~ '~.~ ~' ~ We have received ~ application for additions and alterations, as detailed o~ ~e enclosed map. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and su~ey map, project description fo~, ~e attached for your reference. May we ask for your written evaluation with recommendations for this proposal, as requiredThank you.Under the Code procedures of LWRP Section 268-5D. ~6~-, C~[ 5.x5(['~'50. Very truly yours, '" Gerard P. Goehringer Chairman Encls. North Fork Permits Permit Expediters To: Town of Southold Zoning Board of Appeals Town Hall Annex Southold, NY 11971 From: North Fork Permits William Gorman PO Box 1447 Mattituck, NY 11952 Date: February 10, 2009 Re: Luke LiCalzi SCTM# 1000-70-04-46.1 Rear yard and side yard set-back variance To whom it may concern. Mr. LiCalzi is seeking to construct a second story on his existing non-conforming garage. The garage is located in thc side yard and does not satisfy thc rear yard requirement for an accessory slructure. In addition, the existing garage is located 1' from the side lot line rather than the 15' requirement. Finally, the proposed height of the garage is 25' rather than the code height of 22'. The proposed construction is a ltaditional gambrel which, aesthetically, appems to be a minor alteration to the gable end. The second issue is the existence of an "as built" pool house. In March of 2004, while considering a proposed pool permit, the Zoning Board deferred determination of the status of the pool house pending additional review by the Building Dept. The shed was constructed prior to 1957, and Mr. LiCalzi contends to this day that any and all consWuction and plumbing alterations to the pool house were performed by the previous owner. We are seeking a final determination to a struetm-e that has existed for decades. Pursuant to Article XXHI, Section 280-22 and Article HI, Section 280 (F) we are requesting 1) a side yard set-back and a rear yard variance for alterations to an existing garage, 2) a 3' height variance on the proposed garage alterations, and 3) a final determination for a pre CO-structare converted years ago with construction and plumbing alterations. Thank you for consideration, William p~rmits Authorized Representative for Luke LiCalzi P.O. Box 1447, Mattituck, New York 11952 631-445-1461 FORM NO. 3 NOTICE OF DISAPPROVAL TO: William Gorman ( Luke Licalzi) P.O. Box 1447 Mattituck, NY 11952 DATE: November 3, 2008 Revised: February 10, 2009 Revised: February 23, 2009 Please take notice that your application dated September 3, 2008: For permit to construct additions and alterations to an existing accessory structure and for an "as built" pool house at: Location of property: 2105 Calves Neck Road, Southold, NY County Tax Map No. 1000 - Section 70 Block _4 Lot 46.1 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to these existing accessory structures, in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-122, which states; *- "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing accessory garage, which has a pre-CO, and "as-built" pool house(built without a permit) structures are located in the side yard. The garage has a side yard setback of 1+/- feet. The proposed height is 25 feet where 22 feet is the maximum allowed. The new construction will maintain those setbacks. Pursuant to the ZBA's interpretation in Walz (#5039), such additions and alterations will thus constitute an increase in the degree of non-conformance. Additionally, pursuant to Section 280-15(F) in the AC District and low density R-80... accessory buildings/structures or other accessory uses shall be located in the required rear yard. In the case of waterfront parcels, accessory buildings/structures may be located in the front yard... The existing garage, on this 58,519 sq. ft. lot, is located in the side yard with a side yard setback of 1 +/- feet the required side yard setback is 15 feet. The "as built" pool house is located in the side yard. *Building department records show a pre existing certificate of occupancy, issued for the property in 1996, notes a "two-car garage, a beach house with deck and fireplace, a single family dwelling and a BBQ with shed." Following a review of the survey dated 1996 submitted to the building department for the issuance of the pre-existing certificate of occupancy, the "BBQ with shed" has been replaced by the "as built" pool house. The pool house has no CO. This Notice of Disapproval was written based on a survey on fie by Joseph Ingegno last dated October 24~ 2003. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Building Department. APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~){g,.~' L'CP~.'~. Date Prepared: ~-. I. For Demolition of Existing Building Areas Please describe areas being removed: H. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor. ~.~l- Dimensions of floor above second level: Height (fi-om finished ground to top of ridge). Is basement or lowest floor area being constructed? If yes, please provide h¢igh! (above ground) measured f~om natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach exlra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number ofFloors and Changes Wl l'H Alterations: ~%~----/~ ~'CDlg. L~ OA.) I~L%~t"g/,o~'~ IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: ~ ~o Square footage of your lot: ~. ~'~C} Percentage of coverage of your lot 6y building area: V: Purpose of New. Construction: ~e~-~ '~l~ff.a~/~ VI. Please describe the land contours (fiat, 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 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: November 3, 2008 Revised: February 10. 2009 TO: William Gorman ( Luke Licalzi) P.O. Box 1447 Mattimck, NY 11952 Please take notice that your application dated September 3, 2008: For permit to construct additions and alterations to an existing accessory structure and for an "as built" pool house at: Location of property: 2105 Calves Neck Road, Southold, NY County Tax Map No. 1000 - Section 70 Block 4 Lot 46.1 Is retumed herewith and disapproved on the following grounds: The proposed additiofis and alterations to these existing accessory structures, in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-122, which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use, provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing accessory garage, which has a pre-CO, and "as-built" pool house(built without a permit) structures a/e located in the side yard: The garage has a side yard setback of 1+/- feet. The new construction will maintain those setbacks. Pursuant to the ZBA's interpretation in Walz (#5039), such additions and alterations will thus constitute an increase in the degree of non-conformance. Additionally, pursuant to Section 280-15{F) in the AC District and low density R-80... accessory buildings/structures or other accessory uses shall be located in the required rear yard. In the case of waterfront parcels, accessory buildings/structures may be located in the front yard... The existing garage, on this 58,519 sq. ft. lot, is located in the side yard with a side yard setback of 1 +/- feet the required side yard setback is 15 feet. The "as built" pool house is located in the side yard. *Building department records show a pre existing certificate of occupancy, issued for the property in 1996, notes a "two-car garage, a beach house with deck and fireplace, a single family dwelling and a BBQ with shed." Following a review of the survey dated 1996 submitted to the building depa~'tment for the issuance of the pre-existing certificate of occupancy, the "BBQ with shed" has been replaced by the "as built" pool house. The pool house has no CO. This Notice of Disapproval was written based on a survey on f'de by Joseoh Inueuno last dated October 24~ 2003. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Building Department. 23L~'* 2ND, FLOOR PLAN SC. al.E: 1/4" = 1'-0' 23'-3' iST. FLOOR PLA~ SCALE: 1/4" = 1'-0' EXISTING STRUCTURE * SEASONAL POOL HOUSE * NOT FOR HABITATION * NO HEAT CO u CO Plumbing IE, iser Dla~3ram (~ Exlstln~ Section Foundation Plan ~ ~:xlstln~ Front Elevat,on · Ex~stmq Left 5~de Elevabon (~) Exlstln9 R.19ht Sid~ Elevation ~] Exlstm,~ Rear Elevabon Existing Structur~ A-1 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Fee: $ Office Notes: __ Filed By: For Office Use Only Date Assigned/Assignment No. Parcel House No.~O~Street C,,~L.~I~ ~.~ Hamlet SCTM1000SecfionTO Block~ Lot(s)'~o. ( LotSize [.~t~ ~Zone I (W'E) APPEAL THE V~,ITTEN DETERMINATION OF THE BUILDING INSPECTOR Applicant/Owner(s): Mailing Address: '~O Telephone: NOTE: In addition to the a~ve please complete below if application is sign~ by appli~nt's a~orney, agent, architect, builder, contract vende~ etc, and name of per~n who agent represents: Authorized Representative: ~~r(~w~er, or ( )Other: Address: Telephone: Please check box to specify who you wish correspondence to be mailed to, from the above names: U Applicant/Owner(s) W'A~horized Representative [] Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ~nilding Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy ~ermnge °fUse . it for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Subsection Ordinance by numbers. Do not quote the code. ,- 'N Article '/~ Sectio.n 280- Type of-Ap~l~eal. An Appeal is made for: [~A Variance to the Zoning Code or Zoning Map. 13 A Variance due to lack of access required by New York Town Law-Section 280-A. [3 Interpretation of the Town Code, Article Section [3 Reversal or Other A prior,...~t.~. _ ,appeal ~asE] has not been made with respect to this property UNDER Appeal No.~:~_Year~ (Please be sure to research before completing this question or call our office to assist you.). Appeal NO, :'~o~-~:) ~) REASONS FOR APPEAL (additional sheets may be used with applicant's slenature}: ARF~4 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 garage has existed in its current location for over 50 years. The proposed garage alterations would be barely visible from anywhere in the neighborhood and, in addition, the design is a ~aditional gambrel-style roof which gives the appearance of a slight modification to the gable end. (2) The benefit sought by the applicant CANNOT be achieved by some other method feasible for the applicant to pursue, other than an area variance, because: It is not reasonable to move the garage in order to satisfy the mar-yard requirement, and the owner has no desire to conslruct another accessary building on the property. (3) The amount of relief requested is not substantial because: The pre-CO building has existed in its present location prior to 1957. The gambrel style roof gives the impression ora minor visual change. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The building exists in an area where two story accessory buildings are commonplace. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No. Does this variance involve as-built construction or activity? ( )Yes, or ( X )No. Are there Covenants and Restrictions concerning this land: ( X )No ( )Yes (olca~c furnish 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. Variance to Article XXIII, Section 280-122 and Article III, Section 280-15(F) Checl~ this box ( ) IFA USE VARIANCE IS BEING REQUESTED, lIND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) /~ ~ /~'""~e of Xpl~l ant~. ~'~ {Agent must submit~vrinen Auth~fion from ~ner) Notary Public CONNIE D. BUNCH Notary Public.State of New Yon< No. 01BU61850§0 Qualified n Suffolk County ,., ~;ommission Expires April ]4, 20/~/. Applicant: ~.~ ~.~' I. For Demolition of Existing Building Areas Please describe areas being removed: ~ ~g.6~7'1,/~-~"~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) /~- t (..,~- ~..'~.., Date Prepared: 2- II. New Construction Areas (New Dweqiyg or New Additions/Extensions): Dimensions of first floor extension: A2 Dimensions of new second floor: ~..~ t- Dimensions of floor above second level: Height (from finished ground to top of ridge). Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (auach exh-a sheet if necessary) - Please describe 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 buildings on your property: Proposed increase of building coverage: /~ To Square footage of your lot: ~'~/$~c~ Percentage of coverage of your lot by building area: V. Purpose ofNew Construction: ~t~.~" .-~:r~/~ 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 differeut 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 FlI ,ING WITH YOUR Z.B.A. APPLICATION A. Is the subject/premises listed on the real estate market for sale? O Yes [~No Are there any proposals to change or alter land contours? ~o [3 Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? ~'.~ , ,5~,.~) ~_'~:~r~13~:~ ~OL.~r~) 2) Are these areas shown on the map submitted with this ap'piicatfon? ~ 3) Is the prope,rt~.~bulkheaded 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 confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~.Y(~ Are there any patios, concrete barriers, bulkheads or fgnces that exist and are not shown on the survey map that you are submitting? /~ O (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? ~O 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? ~ If yes, please label the proximity of your lands on your map with this application. H. elease list present use or operations conducted at this parcel ~.l~q[O,_ ..-~,/~ and proposed use ~o,.Aa~ c,O] "'~?~-~" q4o~"~l ~. (examples: existing: sii~lle-family; proposed: same with garage or pool. or other description'S} ' I ~ se 2/05; 1/07 North Fork Permits Permit Expediters To: Town of Southold Zoning Board of Appeals Town Hall Annex Southold, NY t 1971 l~'om: Nor~ Fork Permits William Gorman PO Box 1447 Maaituck, NY 11952 Date: February 10, 2009 Re.' Luke LiCaLzi SCTM# 1000-70-04-46.1 Rear yard and side yard set-back variance To whom it may concern. Mr. LiCalzi is seeking to construct a second story on his existing non-conforming garage. The garage is located in the side yard and does not satisfy the rear yard requirement for an accessory sl~ucture. In addition, the existing garage is located 1' from the side lot line rather than the 15' requirement. The proposed construction is a traditional gambrel which, aesthetically, appears to be a minor alteration to the gable end. We feel this alteration is visually minor enough to warrant a variance to an existing non- conforming structure. The second issue is the existence of an "as-built" pool house. In March of 2004, while considering a proposed pool permit, the Zoning Board defon'ad determination of the status of the pool house pending additional review by the Building Dept. The shed was cons~'ueted prior to 1957, and Mr. LiCalzi contends to this day that any and all construction and plumbing alterations to the pool house were performed by the previous owner. We are seeking a final determination to a s~'uctm'e that has existed for decades. Pursuant to Article XXHI, Section 28022 and Article m, Section 280 (F) we are requesting 1) a side yard set-back and a rear yard variance for alterations to an existing garage and 2) a final determination for a pre CO-sl~uctore converted years ago with const~uetion and plumbing alterations. Thank you for consideration, P.O. Box 1447, Mattituck, New York 11952 631-445-1461 From: Luke LiCalzi 2105 Calves Neck Road Southold, NY 11971 Date: 1/30/09 To whom it may concem, William Gorman of North Fork Permits is authorized to act as my representative and/or agent for all Building, Planning and Zoning processes in the Town of Southold. Sincerely, TOWN OF SOUTItOLD BUILDING DEPAR,TMENT TOWN HALL SOUTHOLD, NY 11971. TEL: (631) 765-1802 FAX:: (631) 765-9~02 Soutl~oldTown.NorthFork.net Examined _,20 Approved _, 20 Disapproved a/c Expiration , ,,, 20 PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying7 Board of Health ~ . ~ 4 sets of Building Plans Planning B~,~t,appmval Survey t Check i// Septic Form N.Y.S.D.E.C. '~ Trustees Flood t~'ermit Storm'Water Assessment Form Phone: Building Inspector APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date ,204 a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationsh/p 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 after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of 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 all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, ifa corporation) (M~iling address of applicant)' State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises {,-,O~:: LC Ctt[.[...~. J, (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work _will be done: . House Number Street County Tax Map No. 1000 Section 7° Subdivision Hamlet Block 0 4 ~" Filed:Map:No.' Lot 3. Nature of work (check which apPlicable): New Building Repair. Removal Demolition 4. Estimated Cost ~-~ ~ 5. If dwelling, number of dwelling units Other Work Fee (Description) (To be paid on filing this application) Nurfi~r ..~.~dv~el!ing units on each floor If garage, number of cars , ,, C~;~' ~ i~aturec of each' ' 6. If business, commercial or mixed occupa~ ~peci a~d e~t[~f type of use. 7. Dimensions of exaspng s .t~ctures, ~f any: Front ':,'~-~ . ~,~._ Rear '~ 2-~ -'~ Depth Height ~ - ~ '~ Number of Stories ' t ~ Dimensions of.same s~ructure with alterations, or additions: Front Depth ~.'7 - t t Height Z..5" "~) Number of Stories > Depth 8.;ii:dimensions of entQ'e new construction: Frunt Rca~ Height Number of Stories 9. Size of lot: Front Rear Depth__ 10. Date of Purchase flame ofF~~ '~ 7~ ,,~t"~ ~ 12. Does proposed construction violate any zo/~g g~lation. YES NO 13 Will lot be re-graded* YES NO~---"'Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor. Address Phone No. Rear ~" 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS 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. I~ eleVation at any 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: ~': .'4' COUNTY OF ~/[ L./-,-g ~ ~9~~ being duly sworn, deposes and says that (s)he is the applicant 0qa~e of individual signing contract) above nam~ - (S)He is the /~'/~-t/ cer otc' (Contractor, Agent, Corporate Offi , .) of said owner or owners, and is duly authorized to perform or lhave performed the said work and to make and file this application; that all statements contained in this application are tree 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. Swom to before me this .5 ',' . . . : ' - , 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 permi6 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 All 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: ~-J~&., ~ ~ 2) Address ofApplicant: ~ '~,](,~ [~E'7 3) Name of Land Owner (if other than applicant): -/..~o ~x_l~ ~ t ~0~[. ~'L 4) Address of Land Owner: 2..1l;~'"' C.~.l~g~-o tKJt~-- L"~, ~ 5)DescriptionofProposedProject: gO~ ~r,~- 6) Location of Property (road and tax map number): ~. 7) ls the parcel within an agricultural district? [~o I-lyes If yes, Agricultural District Number / 8) Is this parcel actively fanned? ~o I-lYes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained~n advance, when requested from the Office of the Planning Board at 765- Date ~ ~atu[~licant //1 Note: I. 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 returned to the local board will be taken into consideration as pan 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 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 La~v. 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 Permit~ and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and e/{planations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. It' any question in Section C on this form is answered "yes", then the oronosed action ,'- .... ten , mo achievement of the LWRP policy standards and conditions contained'in ~he consisten r'e ' ] Y 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 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 Plamfing Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# i o od:, - - { The Application has been submitted to (check appropriate response): TownBoard ~PlanningBoard~ 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 regalation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) [a)---'-Ferm~t, approval, license, certiti~iiS-ni Nature and extent of action: Location of action: Site acreage: Presentlanduse: SI,,(.5-'~/._~';~ ~[-*~A., '12.'Cu'~t.b~ ~t,/r_4:~ 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: FO '-~ { ~-["'~ (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 coas{al location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [~es I-~ No [--] Not Applicable Attach additional sheets if necessary ?oiicy 2..~r~te~t-~d~l'-~gCrv6 hisTo~fc-'i~d~-r~hfie~ oleg[cai resources ~th-i~- oT~outhold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria '--[~eS- [~] No [~ Not Applicable Attach additional sheets if necessary Policy 3. Enhaace visual quality and protect scenic resources throughout the Town Of Sonthold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~-] Yes ~ No [~Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria V3 yes No 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 [~otApplicable 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 - Policiesk~_ages 22 t~ ~ h-g-h- J~' }~iJ~' ~ ~7~ ~ a {]~-n- ~'~'ia. - A~ach additional sheets if necessary ]Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies ]pages 32 through 3~aluati~n criteria. ~-] Yes ~-] b/o I-~] 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. F-] Yes [~ No ~Not Applicable Attach additional sheets if necessary WORKING coAsT~0LiciE~ Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable Iocatloas~3~Rp S. ection iii - Policies; Pages 47 through 56 for evaluation criteria. ~Z}y~ [ZZ] NO [ ~.l~ot_AP~ll~fib[e .... A--~acl~ additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town rearers. See LWRP Section III - Policies; Pages 57 through 62 for valuation crtterla. ~] 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 At~ach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Polices 65 through 68 for evaluation criteria. [] Yes l--] No Not Applicable Created on 5/25/05 I1.'20 AM ~ 617.21 ~tppendix C State Environmental Quality Review SHORT ENVIR O NMENTAZ ASSESSMENT FORM SEQR For UNI~ISTED ,'ICTION$ Only PART I - Pr6ject Information (TO be complete by Applicant or Project sponsor) 1. Applicant/Sponsor 2. Project Name L. 3. Project IocaUon: Municipalily Count/ 4. Precise location (Slreet address and road intersec0ons, p?ominent landmarks, etc. or provide map) 5. Is proposed action: I ( )NEW ( )EXPANSION ({~/~°DIFICATIQ[4/ALTERATION~,.,,_I_I_I_I_I_I_I_I~ ~ ~ ~'-'~'~}~ (~1~" I 6. Desedbe project briefly: 7. ~ount o~ land offered: 8. Wirl propos~ action comply ~ e~sfing or other e~sting land use resections:( ~ ( ) HO If No, descdbe bdefly: 9. W~is present land use in viciniW of project: (describe): (~Residential ( ) Industrial ( ) Commercial ( ) Agricultural ( ) Pa~For~FOpen Space ( ) Other 10. Does action Inv~ permit approval or funding, now or ultimately from any other Governmental agency,(Federal' Stale or Local) ? ( ) YES (,,~h~O If Yes, list agency(s) and permit/approvals: 11. Does any aspect of the action have a currently valid permit or approval? I ( )YES (..,~i~O If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, wtil exisling permit/approval require modificaLJon? I( ) YES (~"-~O If Yes, list agency(s) and permit/approvals: Applicant / Sponsor Name: ~].~ /~/' ~ Date: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment ~e To~ of Sou~old s Code of E~ic · ' ·' ~d emvlov~ ~ ......... s prohlbl~ conflle~ of Interest on ~e P( ~est and allow it to take whatever action is necessaw to avoid same. ~ast name, first name, ~ddle initial, unless you are a~plying in ~e name of someon; else or ;~er enti~, such as a comply. If so, indicate the o~er person or company name.) NA~ OF ~PLICATION: (Check all ~at apply.) Vari~ce Special Exception *Other Approval or Exemption ~' - from plat or official map Change of ~ne Tax ~e~nce · If"O~er" name the acfih~: Do you personally (or t~ough your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Tom of Southold¢ "Relationshi "inclu ~ ~ ~ ,, . · -~at~OtlSnl blood, ma~ia~ess interest. "Business interest" means a busines~hcludinR a pa~ersh~ whi~b th&..To~ officer~r e~ - · e~plo~ by) a co~orafion in which the To~ officer ha~ eVe~p share~ ..... ~ -- °~e t~n ~S NO~ If you answered "YEX'[ complete the balance of this form and date and sign where indicated. Name of person employed by ~e Toga of Southold: Title or position of that person: Describe that relationship be~een yourself (the applicant, agent or con~'act vendee) and the To~ officer or employee. Either check the appropriate line A t~ough D (below) ancot deschbe the relationship in the ~ace prohded. The To~ officer or employee or his or her~ spouse, sibling, parent, or child is (check all that apply): _ . A) ~e O~er of ~eater than 5% of the shares of the co.orate stock of~e applicant (wh~ .~e applicant is a co~orati0n); B) ~e legal or beneficial 'Omer of any interest in a non-co.orate enti¢ (when the applic~t is not a co~oration); ~ C) an officer, director, pa~er, or employee oftbe applicant; or D) ~e ac~al applicant. DESCPdPTION OF RELATIONSHIi~ Submitted this --__ day of Signature: Print Name: APPEALS BOARD MEMBF~S Ruth D. Otiva, ChairWoman Gerard 1a. GoeM'inger Lydia A. 'i'brtora Vincent Orlando James Dinizio, .Ir. · .[ f 53095 'lv~ain Road sou ot , m; a -095 Tel. (631~ 9'65 1809 Fax (631)~ 765-906~ ~ http://southoldtown.nor thfork.net ~, _ _ ~,~, ': il TOWN OF SOUTHOLD *, ~...._,J EINDINGS, DELIBERATIONS AND DETERMINATION ~t.~-/~-r~-~; :~. t ' MEETING OF MARCH 4, 2004 . Propert)~ Locat[0n:.2105 Calves Neck Road, S6uthold; CTM 70-4-46.1, :'~EQRA,D.E¥,E.,R~IIN,.ATIoN~ The Zoning eoard of Appeals~as visl,t~d th9 pmpor~'Y,pnOer,c~ps, t~atton }~ thl~.apl~}ld~i0h and do~lne~ fll~t:{his ~evlew fails uhder the Type:ii cat,gory of the. State' ~ List of .ACfion$~ without'an adVers~ effect ot~ the er~vironmsnt if the project Is implemented as plannec .PROPER._TY FAC~'S/DESCPJWHON: ~he appllca.nts' 58,5J8 sq. ft. ('1~43 ac?) parcel Is=Jocat, ;ti ~leng ~?~e e~st ~'d6 of Czlve~ Ng4:k~ Ro~.$ }~ ,~. eut~:ld~' Yhe lot. is imprbved with a 1,1i2 story'~ram ~house, ~[etached garage, accessol~Y pool hoh'~6 StrUcture and accessory swimming pool as shin on the ~eptem~ber ?, 2000 survey prepared:by Joseph A. !ngegno, L.S., revised '10/24/03. · nended BASIS OF ~P~LiCATiON: B,ulldJng~ Department's December 8, 2003 Nofic.e of Disapp~-v~i, a ~bruaryr 6~ 2004, citing Sec~or~, '10ff-.2,~4 ~and: t00-33C, in !ts den, ia[ ,of a ~uil~lng permi[:aPl tlcatlon {~fl~:~r~ ~h %b~btJlR" aCCe~$~y~.~wlmm|ri~ pOol located at less th~n,th~.Code-['equire~t~ 5{! f let from tl~e front lot line on this waterfro~t:~parcel and a detached frame pool $~orage house Ioca~ced i ~ a side yard rather ,than the code rec~uired r~ar or front yard for this water~ront~arc~l. FINDINGS OF FACT The Zoning Board of Appeals held a public h~arlng on this applicatiop~on F,ebr~ua~y2S. 20,04, i.whlch [thi~ wri't~ aild-d~af e~'[den'~e ~v~re pte'~g~e~. Based up0n'ali testimon}/; d, ocu.mbnt~tr,~n. M~Oecti6n of the pr0per~y and ¢~ther eVlde~i~:a, the Zon ng B~ard finds the foI owing fact, s t, be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicants obtained a building per,nit :(renew. e,d 8313-Z} and ~on~,trdcted an'ln-grouhd swimmlng.poo[ as shown on the October 24.2003 survey ~req[ ired for tr~e isstmn~e of a certificate of occupancy by the Building Department). The survey.conill ms the setback of the poor at 49 feet instead of the code-required 50 feet from the front property line. ADDIT!O,N..~J- !NFORMATION; D, urlng The Februa~ 26, 2004 hearing, the applicant indicated .ti at he is tr~j~ tt~obfiti~i ~: ~leterm~n~t bh flora'the Bu ding Department that the pool h~pse [si pre ;xlstlng ce~fl¢~tte Of!Pc;cup~,¢Y, and a§ of the hearing, the question was not resolved between!th®. a }piicant ant~',the i~dlld, lllg Insp$ctor. '~,~ applicant indicated that plumbing and other alterations W~ "e also ad~ ~'~,',~i~olhouse b~r a'~re~iOu$ owner. At the February 26, 2003 meeting,, the 'a pllcant co~?m~d t~t.he wished ~o pur~ue the poolhouse status separately in order to prevent any {elay in obthlfiing a '~rflfiCat6 of Occup~,~ncy for the s~immlng pool. (No action was taken'by the Boart in any respect to the poolhouse b~ildMg for the' reason that additional Information may be neces iary to obtain furthe- reviews by the BuSding Department, separately.) REASONS:FOR BO)~RD ACTION: On the basis of 'testimony presented, materials submitl.=d and Fer§bfihl ~i4 ~,s01~. Ct~n~'[he Boh(d }~akes the ~ollowing findings: ZBA #5488'~Lulmand Rlta L[calzl' ,1.. ~rqlnt. Of, t~R arena var a, or~ ~11. ~o~ p~:o'du~ an u~i~ c~nge n c' aracter of' no ghbo ood or ~:~ ~,.,aa~y pr~pe~ The ~t~ ,b~t.l~'~g pool ,s pertained m the front yard ~e~ac~a~pt ~e time of ~o ~pphca~n t6' bund. ~bef~oj~t was bu It. tho appjmant fur bed a :p~p survey dated October 24, 2003 s~wi,g ~e~i~,g ~o~ ' 9 '; ~ ~o~the z;~'l~ll~'w th a 49-foot front yard se~ack pu~u~ o~er than an area variance. A swimming waterfrdnt ~cels. =. b~er ~ that ~was Ioc~tlon ':as b~ilt" p6~i~ted, 3. Tho roqu~ted ar~aH~nco Is minimal and represont~ roquireme~t of. 5b Toet for t~o'front yard se~ack. . 4.: T~6'diffi~[~a~s~f~Ve~tod ~hen the applicant's .built t~e 5. G[aet of'the.re mfs tbb~n mu~ action 'necbs~ d ~', bi6 ~ ~pp~ica~ts ~O epJ~y tho ~b~e~l{ ~f~ swimming pool. while prese~ing and p~oiechng the character of the neighborhood ~d the. he~lth,~afoty'ad~elfar~ of tho commun~y.' '" RESOEUT ~,O~ ~RE~OARD: In ~onslderlng a I dt {l'u a~ddb ~ac{o 'u~ a t { ~ ) y '~g ~he b~a~ ~nSor~ Ne~ E~r~,Fo~r~a~}2{~..mot~o~-~as of c~ed by Mcmbe~ OH~ttlu. u{~cond~ by Gob~n~er,~ndl~dly ~ .~[te~n.~e a~a~p[ied for. as sh~own on the~s,m~v~y prepared October 24 =~" ~ ~e~r~¢t~r~ll remain &pen [o ~e'~ky., This aetio~S'~O'ri~e .~r condone agy cuwe~[~ ~ut~e u~e~ =etbao~r. other ~U bject p~t~olate .the Zen ng COde, o~r ~ ~.U~es .~ks and..bther are exp~A~y~d~b~ In this achon. ..~., ~ ~ · , ~-~.~ ~ '~: ~.~' · : ~-. .., . ' . Vote o~.~' ' : ?~:': ~, embe[s Oliva (cbai~6m~)'G' ~6dn'e" To~o~,', Or and~ and . ~-.,~ ~ .:~... ~ , ., ,: ., ~, , . ... Ruth ~,'~Wa,' :in~g Member I'e~at~es TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y, PRE ~ISTI~ ta~TIFIeAT~ OF No Z-24S13 Date JULy 22, 1996 THIS CERTIFIES that the buildln~ Location of Property 2105 C~LVES N~KI~D. House No. Street County Tax Map NO. 1000 Section 70 Block 4 Subdivision Filed Hap No. SO~THOLD t N.Y. Ba~let Lot 45,1 Lot No. conforms substantially to the Requirements for a One Fam£1y Dwelling built Prior to= API~IL 9, 1957 pursuant to which CERTIFICATE OF O~CUPANCY NUMBER Z-24513 dated JULY 22, 1996 wan issued, and conforms to all of the requirementn of the applicable provisions of the law. The occupancy for which this certificate ia iasued is ONE FAMILY DWELLING WITH ACC~SSOlt~C~dtAGE~ & GUEST HOUS~ · The certificate is issued to of the aforesaid building. SUFFOLK COUNTY DEPARTHENTOFHEALTHAPPROVAL N/A UNDERWRI'£~RS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A *PLEAS~S~ATTACI~m INSP~CTIONR~PORT. //~ilding Inspector Rev. 1/81 SO ~,'[.:u n(: r'oot. ~PLICATZON FOR C~TIFICATE OF OCCUP_~. less than 2/10 of L% lead. ': For ~s:ing buildings (prior to .%p. ril 9, 1957) con-conforming uses, hr buildings and If a Cer:iflcacm of Occupancy £s denied, ~he Bu~g [mspec:or shall slate the C. Fees 1. Cert~icace of Occapancy - New dwelling $25.00, ldditio~s co dwelling $25.00, Alterations ~o dwelling $25.00, Sw~in5 FOOl $~5.00, Accessory bu~d~g ~25.00, Additions co accesso~ bulldog $25.00. Businesses $50.00. 2. Certificate of Occupancy on Pre-~is~Bu~d~e - S100.O0 3. Copy of Ca=~icate of Occuo~nC~ 6. Updated Caztificace of Occupancy - $50.00 5. Tampora~ Car=ificace of Occupancy - Residential $1}.00, Co~ercial ,o~,~. o~ ~=o~.:,~..~ ....... ~X ~..~ ~ .......... ~[t ............. .............. P~rmi~ No ................ Date Of Permit ................ Appiican~ ............................. Dept. Approval .......................... Undez-~ri~ars Approval ......................... ?!an~lng Board Approval ........................ Raques~ for: Temporary, Cerzifica~a ........... Final Car~=ca~e / ,/~-~°. . ,/_ ¥~:./ TOWN OF SOUTHOLD . PERTY RECORD CARD '~ "- '/ OWNER :VILLAGE DISTRICT SUB. ACREAGE ~ ~ TYPE OF BUILDING LOT RES. ~/p SEAS. LAND ~q~ IMP. VL. TOTAL FARM DATE REMARKS AGE NEW Fa rm Tillcble 1 Tillable 2 Tillable, 3 NORMAL Acre B E LOW Value Per Acre ABOVE Value Woodland Swc~npland Brushlan(3" House Plot Tara I 4. Bldg. ;arag~ L t FEB 1 8 F£B 1 8 FEB 1 8 FEB 1 8 2009 m~ ~EB I 8 200~ FEB 1 8 2O09 FEB 1 8 ~0~ SURVEY OF PROPERTY SITUATED AT CALVES NECK TOWN OF- SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-70-04-46.1 SCALE 1"--20' SEPTEMBER 7, 2000 OCTOBER 24. 2003 UPDATE SURVEY JANUARY 23. 2004 ADDED ROCK RE¥~TMENT NOTES I. ELEVATI0~$ ARE REF£RE~CED TO N.G.V.D. t92g DATU~ Nathan Taft Corwin III Land Surveyor OFFICE LOCATION: Town Hall Annex 54375 State Route 25 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 To: 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 ref. No. SCTM# 1000-70-4-46.1 LUKE LICALZl #6280. Location of Property: 2105 Calves Neck Road, Southold; SCTM 1000-70-446.1. Requests for Variances under Sections 280-15-F and 280-122, based on the Building Inspector's revised February 23, 2009 Notice of Disapproval concerning proposed additions and alterations to the existing accessory structure and concerning the accessory building (as-built pool-house) which are not permitted, for the following reasons: 1) Accessory Garage building with proposed additions/alterations: a) create an increase in the degree of the side yard location nonconformance, where the code permits a location in a rear yard or front yard on this waterfront parcel; b) create an increase in the degree of the setback to the side property line at less than the code required minimum of 15 feet on this 58,519 square foot lot; c) the height is proposed at 25 feet, where 22 feet is the maximum code-permitted; 2) Accessory Poolhouse building: the as-built construction is in a side yard, where the code permits a location in a rear yard or front yard on this waterfront parcel. 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 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.