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HomeMy WebLinkAbout1000-58.-2-13 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 Appeals From: Mark Terry, Principal Planner ~ LWRP Coordinator Date: April 21, 2009 Re: ZBA file Re£ No. 6242 (Armello) SCTM 1000-58-2-13 Request for Variances under Sections 280-124, 280-122 and ZBA Code Interpretation under R. Walz #5039, based on the Building Inspector's amended October 29, 2008 Notice of Disapproval. New construction is proposed as additions and alterations to the existing single-family dwelling at less than the code-required minimum concerning: (1) side yard less than 10 feet, (2) total side yards less than 25 feet. In addition a Variance is request for lot coverage exceeding the code limitation of 20% on this nonconforming 6,825 square foot lot located at 1980 Leeton Drive, Southold, adjacent to the Long Island Sound. THE FOLLOWING SECTION ADDRESSES THE AS BUILT DECK AND STRUCTURES: 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 INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. The proposed action is not located seaward of the Coastal Erosion Hazard Line as depicted on the plat dated as last revised October 16, 2008. Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. b. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. Policy 6. Protect and restore the quality and function of the Town of Southold.ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. The distance from the proposed deck to the Mean High Water line is 7.7 feet (to existing deck) and to the proposed addition is 29 feet (to hottub); a minimum setback distance of 100 feet from the top of bluff is required pursuant to: Chapter ,Ss' 280-116. Building setback requirements' adjacent to water bodies and wetlands' which s'lates: :4. Lots' adjacent to Long lsland Sound, Fishet~' Island Sound and Block Island Sound. (2) Except as otherwise provided in Subsection g(1) hereQ[; all buildings or structures located on lots' adjacent to sounds shall be set back not less than 100 ,feet .from the ordinary high-water mark of said sound Figure 1. Subject Parcel - Outlined in Red. Figure 2. Subject Parcel. Figure 3. Photo of existing deck. It is recommended that the following best management practice (BMP) be required to further the above policies: Require a minimum 15' non-disturbance buffer incorporating the remaining existing vegetation landward of the bulkhead and adjacent to the deck. Note, that the buffer should fully incorporate the Coastal Erosion Hazard Area. It is recommended that the Board require the applicant to amend the action to meet or further the above polices to the greatest extent practicable. Pursuant to Chapter 268, the Southold Town 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 Figure 2. SUbject ParceI. Figure 3. Photo of existing deck. 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 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 2008 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6242 (Annello) Dear Mark: We have received an a enclosed map. A copy of the Buildi~ 280 (Zoning Code), referenc~x May we ask lo, your written required under tl~e Code procedures Thank y .ou.~/l Encls. deck, as detailed on the ector's Notice of Disapproval under Chapter form, are attached for your gection 268-5D. proposal, as Very truly yours, Gerard P. Goehringer Chairman FORM NO. 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO: Patricia Moore Esq. R & B Annello 51020 Main Road Southold, NY 11971 DATE: October 16, 2008 Amended: 10/29/08 Please take notice that your application dated October 11, 2008 For permit for an addition & alteration & "as built" deck to a single family dwelling at Location of property: 1980 Leeton Drive, Southold County Tax Map No. 1000 - Section 5~8 Block 2 Lot 1~3 Is retumcd herewith ancl disapproved on the fbllowing grounds: The proposed construction, on this nonconforming 6,825 square fbot lot, is not permitted pursuant to Article XXIII Section 280-124, which states that non-conforming lots, measuring less than 20~90 square feet in total size, require a minimum single side yard setback of 10 feet, a minimum total side yard setback of 25 fket, a rear yard of 35' and a maximum lot coverage of 20 percent. The "as built" deck is indicated at approximately 7' from the rear lot line. The proposed construction indicates a total lot coverage of 33.8% . Also, the proposed 2nd stop/addition is not permitted per Art. XXIII Section 280-122 which state: "Nothing in this article shall be deemed to prevent the remodeling .... provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." The second stop/addition is proposed at 8.6' & a total setback of 17.6'. Pursuant to Walz #5039~ such additions & alteration will thus constitute an increase in the degree of nonconformance. In addition~ the proposed construction is not permitted pursuant to Article XXII Section 280-116 A (2)~ which states; "Except as otherwise provided in Subsection A(I} hereof~ all buildings or structures located on lots adiacent to sounds shall be setback not less than 100 feet from the ordinary high water mark of said sound." _Thc proposed construction notes a proposed setback of+/- 7.7 tket from the ordinary high water mark. This disapproval is based upon the survey by John Metzger~ LS~ dated Oct. 16~ 2008. Authorized Signature Amended to clarify the M.H.W.M. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. Appeal No. 2468 Dated August 17, 1978 ACTION OF TRE ZONING BO;~RD OF APPEALS OF THE TOWN OF SOUTHOLD To Jean C. Leonard 143 Harbor Road Cold Spring Harbor, New York DATE Seph.....2O, 1978 .................... of the Zoning Ordnance and the ~c~iou of ~c Build~g I~pec~r ( ) be revers~ ( ) be ¢o~irmed b~a~e 8:25 P.M. (D.S.T.) Upon application of Jean C. Leonard, 143 Harbor Road, Cold Spring Harbor, New York, for a variance to the Zoning Ordinance, Article IIW, Section 100-32 for permission to erect an accessory shed in the front yard area. Location of property: Leeton Drive, Southold, New York, bounded on the north by Long Island Sound; east by P. C. Carrol; south by Leeton Drive; west by H. Freedman. SEE REVERSE SEE REVERSE SEE REVERSE After investigation and insepction the Board finds that the applicant wishes to construct a storage shed in her front yard. The Board agrees with the reasoning of the applicant. The building is needed to store bicycles, tools and yard furniture during inclement and winter weather. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gitlispie, seconded by Mr. Grigonis, it was RESOLVED that Jean C. Leonard, 143 Harbor Road, Cold Spring Harbor, New York, be GP~NTED permission to construct accessory shed in her front yard area. Location of property: Leeton Drive, Southold, New YorK, bounded on the north by Long Island Sound; east by P. C. Carrol; south by Leeton Drive; west by H. Freeman, upon the following condition: The storage shed shall be at least 3 feet from the westerly lot line of the property and at least 30 feet from Leeton Drive. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. YOUNG & YOUNG 400 OSTRANDER AVENUE, RIVERH£AI~,' NEW YORK SURVEY FOR: JEAN C. LEONARD FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO: Patricia Moore Esq. for R & B Annello 51020 Main Road Southold, NY 11971 DATE: October 16, 2008 Please take notice that your application dated October 11, 2008 For permit for an addition & alteyation & "as built" deck to a single t~tmily dwelling at Location ofproperty: .1980 Leeton Dri.v¢,. Southold County Tax Map No. 1000 - Section 58 Block 2_ Lot 13 Is returned herewith and disapproved on the following grounds: _.The prgposed construction, on this nonconforming 6,825 square foot lot, is not permitted pursuant to Article XXIII Section 280-124, which states that non-conlbrming lots, measuring less than 20.000 souare feet in total size. reouire a minimum s_'mgle side yard setback of 10 fe~t, a minimum total side yard setback of 25 feet, a rear yard of 35' and a maximum lot coverage of 20 vercent. The "as built" deck is indb"~to3 at approximately 7' fi-om the rear lot line The ~ror~osod constmction indicates a total lot coverage of 33.8%. Also. thc vrovosed 2nd story addition is not vermitted vet Art. XXIII Section 280-122 which state: ~qothine in this 'article shall be d~m~ to prevent the remodeline .... rwovided that such action does not create any new nonconformance or increase the degree of nonconformance with r~ard to thc rceulations pertaining to such buildings." The second story addition is proposed at 8.6' & a 0otai s~tback of 17.6'. Pur~u,,nt to Walz ~5039~ such additions & alteration will thus constitute an increas, jn the de~ree of noneonform~e~_ In addition~ the proposed construction is not permitted i~ursuant to Article XXH Section 280-116 A (2~, which states; "Except as otherwise provided in Subsection A(I) b~reof~ all buildinos or struc,,.tpr, es located on lots adjacent to SOundn .~hall be setback not Icss than I00 feet from the ordinary hioh water mark of said sound." The proposed construction notes a pmpq,.sed setback of+/- 10 feet from the ordinar¥__h_igh ~at~r mark. This disaooroval is based upon the survey by John Metzger, LS~ dated Oct. 16, 2008. ' Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. ^ppe~ r~o. 2468 Dated August 17, 1978 To Jean C. Leonard 143 Harbor Road Cold Spring Harbor, New York 1978 .................... of the Zoning Ordinance and the decisiun of the Building Inspector ( ) be reversed ( ) be confirmed because 8:25 P.M. (D.S.T.) Upon application of Jean C. Leonard, 143 Harbor Road, Cold Spring Harbor, New York, for a variance to the Zoning Ordinance, Article IIW, Section 100-32 for permission to erect an accessory shed in the front yard area. Location of property: Leeton Drive, Southold, New York, bounded on the north by Long Island Sound; east by P. C. Carrol; south by Leeton Drive; west by H. Freedman. 2. V~I~fCE By resolution of the Board it was determined that SEE R~VERSE SEE P~EVERSE APPBOVED/ ~OaED OF APPEAI~q After investigation and insepction the Board finds that the applicant wishes to construct a storage shed in her front yard. The Board agrees with thc reasoning of the applicant. The building is needed to store bicycles, tools and yard furniture during inclement and winter weather. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the proper~y and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED that Jean C. Leonard, 143 Harbor Road, Cold Spring Harbor, New York, be GRANTED permission to construct accessory shed in her front yard area. Location of property: Lee%on Drive, Southold, New ¥or~, bounded on the north by Long Island Sound; east by P. C. Carrol; south by Leeton Drive; west by H. Preeman, upon the following condition: The storage shed shall be at least 3 feet from the westerly lot line of the property and at least 30 feet from Leeton Drive. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. (LEETONS LAKE] SUFFOLK COUNTY 30 $ A (c) SUFFOLK COUNT~ PARK C ~f YOUNG & YOUNG 400 ©STRAHDER AV£HUE, RIV[RHEAD,' HEW YORK ALD£N W. YOUNG HO'~ARD W, yOUNG SURVEY FOR: JEAN C. LEONARD COUNTY OF SUFFOLK (~ SECTION NO PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsey Perkins Secretaries October 23, 2008 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Robert & Beth A~ello 1980 Leeton Drive, Southold 1000-58-2-13 Dear Chairman and Board members: Enclosed please find an application to replace an existing roof over an existing dwelling. In addition, wood decking (boardwalk), on grade, was constructed prior to my client purchasing the property in 1995 which needs an "as built" permit. My client did install a portable hot tub on the ground without a permit and an ~as built" permit is requested for the hot tub. The property is adjacent to the Long Island Sound, has bulkhead and no bluff. The surrounding properties are similarly developed with the wood decking at grade rather than pavers or grass. In accordance with your instructions, enclosed are 8 of the following: 1. Notice of disapproval 2. Appeal, disclosure, questionnaire, LWRP 3. Pictures of the existing roof line 4. Property card 5. Survey 6. CO & building permits for the existing house, second floor decks, and additions. The wood decking at grade has no record of property description, and permits, however, because it is boardwalk without structural parts may not have needed permits in the past. The decking was constructed prior to 1995. 7. Architects plan If there is anything else you need please do not hesitate to contact me. ve~y yours, /~ricia c. Moore PCM/mr Encls. Cc: Mr. And Mrs. Annello APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ce Notes: __ Filed By: Date Assigned/Assignment No. House No. 1980 Street Leeton Drive Hamlet Southold SCTM 1000 Section_58 Block 2 Lot(s)· 13 Lot Size 6~825 to CEH Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED October 16~ 2008 BASED ON MAP Peconic Surveyors dated October 16~ 2008 ~.' / 2_~ / L~ ~' a r~*~.~A Applicant(s)/Owner(s): Robert & Beth An~ello Mailing Address: 1980 Leetou Drive, Southold Telephone: 766-5012 Fax #: Email: pemoore l~optonline.net NOTE: In addition to the above please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax#: 765-4643 for ( X ) Owner, or ( ) Other: Email: pcmoorel(~,optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s),or EAuthorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED October 16, 2008 DENIED AN APPLICATION DATED October 11, 2008 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: and Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) ~. ~r ~ ~ Article__XXIII Section 280- 124 Subsection__"as built" deck is a "boardwalk at grade" behind the bulkhead as access around the house. Lot coverage is 33.8% due to coverage of area with wood boardwalk XXIII Section 280-122 Owner wishes to change roof pitch (remains elevated one story)- existing house preexisting nonconforming setbacks (Walz) x Article 280-116 A (2) Setback from Long Island Sound preexisting nonconforming (roof alteration) Type of Appeal. An Appeal is made for: E 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 appe~ ha~, ~has not been made at any time with respect to this property~ UNDER Appeal Year_ (Please b~sUre to research before completing this question or call our office for assistance.) No. Name of Owner: George Yatrakis ZBA File # REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The property is adjacent to the Long Island Sound with a bulkhead an no bluff. The existing house has a long history of alterations: The house was constructed prior to zoning as a "summer cottage". In 1960 the owner, Frank Yuda, built an addition in the rear. This addition is the subject of problems for the owner today. The roof line between the original house and the addition experiences leaks, and stress cracks and is supported by multiple interior columns. The proposed roof change will correct this structure, replace 1960's material with current structural beams and replace the roof under one pitch. Between 1980 -83 the prior owner Jean Leanard renovated the existing house and converted the house to a year round home. As part of this alteration additional decks were constructed. Because the existing first floor does not comply with FEMA no change is permitted to the existing first floor. The FEMA laws prohibit significant alterations to preexisting structures so this application is for an alteration to the existing roof. No additional living space is proposed. The owner added a hot tub under the existing second floor deck and on existing decking. The hot tub is the standard portable units, it is located in the center of the property so it does not disturb the neighbors and it is self contained so it has no environmental impacts. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The preexisting setbacks of the house were established prior to zoning. Minimal alterations are permitted under FEMA regulations. The application is merely to repair the roof and replace the pitch to correct 1960's construction of additions under multiple roof connections. The decking is a boardwalk at grade which provides a pervious non-turf walking surface. The hot tub is self contained and is a nice amenity which is not a permanent structure. (3) The amount of relief requested is not substantial because: The existing house was constructed prior to zoning and altered throughout the years. The alterations to the roof is not adding living space it is merely changing the pitch and structural components to correct the substandard existing structure. The decking provides a walking surface which would otherwise be pavers. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The property is protected by bulkhead, there is no Bluff, and the structural alterations are to remedy an existing condition. The adjacent homes have similar boardwalks around the house. The wood boardwalk provides a safe walking surface, is pervious, and connects to the walkways from the front to the back of the house. (5) Has the alleged difficulty been self-created? ( )Yes, or No(X ) Preexisting Are there Covenants and Restrictions concerning this land: E No. Yes (please furnish copF). 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. Checl~ this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE A TTA CHED USE VARIANCE SHEET: (Please be s~~ i~ of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this~/~ aay · ,2o . Ou~ ~n Su~o~k C~y Southold Town Zoning Board Southold Town Building Department Southold Town Trustees Suffolk County Health Department Any and All State, County, Local agencies, as necessary Re: Premises at SCTM#1000-58-02-13 The undersigned hereby authorizes my attorney, Moore, and her agents to may be rewired in order the propose-addition to obert ~nello on behalf of myself and my wife Beth ~nello Patricia C. submit any and all applications which to obtain a building permit to construct a residence on the above referenced APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: __Patricia C. Moore, Robert & Beth Annello (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", Trustees name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO_X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe 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% of the shares &the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __ C) an officer, director, partner, or employee &the applicant; or __ D) the actual applicant. DESCRIPTION OF RELATIONSHIP NONE Submitted thi -~,~ay Signature: Print N~atricia C. Moore Owner :Robe~ & Beth Annello APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Robert & Beth Anello Date Prepared: October 23, 2008 I. For Demolition of Existing Building Areas Please describe areas being removed: roof over existing structure 32' x 33' Existing roof to be reconstructed with new pitch- construction over existing dwelling (in kind-in place over existing roof area). II. New Construction Areas (New Dwelling or New Additions/Extensions): no change, owner added a portable hot tub over the existing deck Decking at grade built prior to 1995- owner has maintained it by power washing and stain, as needed. Dimensions of first floor extension: Dimensions of new second floor ( no change) 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 Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: same - interior staircase is significantly nonconforming with NYS Code. Interior stairs to be made safe as part of roof. Existing stairs have inadequate head room, pitch and width. 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: house, deck, hot tub & steps 2,309 sqft. The boardwalk decking behind the house, at grade, was built prior to this owner. Hot tub added by Annello as a temporary structure. It is sitting on existing decking. Proposed increase of building coverage: none Square footage of your lot:_ 6,825 to CEH line an additional 10 feet to the bulkhead exists but is not counted in lot area. Percentage of coverage of your lot by building area: 33.8% The alterations to the existing house do not change the lot coverage and there is no increase in living area. V. Purpose of New Construction Requested: to correct the existing conditions of the roof constructed in 1960 and 1970 VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): _flat, developed, conains an existing bulkhead which is tied to neighboring bulkheads and ad|acent to the Long Island Sound Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Robert & Beth Annello 1000-58-2-13 A. is the subject premises listed on the real estate market for sale? E Yes E No B. Are there any proposals to change or alter land contours? E No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? Long Island Sound 2) Are these areas shown on the map submitted with this application? zes 3) ls the property bulkheaded between the wetlands area and the upland building area? __ yes 4) If your property contains wetlands or pond areas, have you contacted the office &the Town Trustees for its determination &jurisdiction? submitted Please confirm status of your inquiry or application with the Trustees: simultaneous review and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the ama of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? __no the proximity of your lands on your map with this application. lfyes, please label H. Please list present use or operations conducted at this parcel existing dwelling & second floor decks (Dreexistinl! with co)~ with wood walkways -boardwalk {built by prior owner- no co conforming to existing design of boardwalk {hot tub- as built) and proposed use same (examples¢~x~sting: single-family; proposed: same with garage or pool, or other description.) Autl~ri~i~d Signature and Date 2/05; 1/07 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-58-02-13 OWNER: Robert & Beth Anello 1980 Leeton Drive, Southold NY AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees Zoning Board of Appeals X 1. Category of Town of Southold agency action (check appropriate response): X (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) __ (b) Financial assistance (e.g. grant, loan, subsidy) __ (c) Permit, approval, license, certification: X Variance / Wetland Permit Nature and extent of action: Owner needs to change pitch of existing roof to correct structure built in 1960 (in kind & in place), existing decks (wood boardwalk) were constructed for access around the house and behind the bulkhead which becomes a nonturf buffer. Location of action:1980 Leeton Drive, Southold Site acreage: 6,825 sq.ft. To Coastal Erosion Line with another 10 feet to the bulkhead Present land use: existing house with existing wood boardwalk Present zoning classification: r-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Robert & Beth Annello (b) Mailing address: 1980 Leeton Drive, Southold (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (d) Application number, if any: change existing roof pitch (in kind in place), existing boardwalk decking and temporary structure (hot tub) "as built" Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. X Yes No Not Applicable Existing lot and house is preexisting nonconforming. Thc existing house had additions in 1960 which require owner to remedy the existing condition of the roof. The lot is protected by bulkheaded with no bluff adjacent to Long Island Sound. The proposed work and "as built" structures is landward of the. The wood decks are "boardwalks" which are pervious and provide a non-turf buffer behind the bulkhead. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No X Not Applicable land is not identified as area of Archeological Sensitivit~ or on the National Register on Map produced by NYS Dept. Of State, Division of Coastal Resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria X. Yes No Not Applicable Lands adjacent to Long Island Sound protected for both visual, economically productive and recreational resource. The existing house will only get a new roof (in kind & in place}. The wood decking at grade (board walk) is pervious. The board walk is consistent with LISCMP (Long Island Sound Coastal Management Program) which prevents non- point source pollution, prevents flooding and erosion. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria X Yes No Not Applicable No effect on flooding or erosion. Existing roof alteration will correct a structural problem to the existing roof. The boardwalk stabilizes the ground behind the bulkhead. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria _Yes No X Not Applicable The roof alteration does not increase living space and the wood boardwalk is existing. The hot tub is set back away from the bulkhead and is a temporary_ structure. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. X Yes No Not Applicable Setback to the Long Island Sound is nonconforming. The Coastal Area Boundaries of New York State along Long Island Sound will not be affected because of mitigation measures implemented by standard permit conditions. Soils along Long Island Sound (Carver, Plymouth, and Riverhead Soil) are deep, course texture and excessively drained. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable Air quality will not be affected by residential use. Standard building codes compliance prohibit degradation of air quality or emissions. Efficient heating and airconditioning systems and filters protect against air quality. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. X Yes No Not Applicable Solid waste is controlled through town-wide recycling, no hazardous substances proposed at site. Use of natural untreated materials (CCA is discouraged by Trustees) The boardwalk eliminates use of pesticides and turf areas. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. __Yes XNo Not Applicable The parcel is private ownership WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No X Not Applicable Residential use of property on establish lot will not adversely impact Long Island Sound coastline. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. X Yes No Not Applicable Long Island Sound is adjacent to development of parcel, however, construction activity is minimized. The remediation to the roof is necessary (in kind in place) to meet structural requirements. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not developed for agriculture. Leeton Drive is predominantly residential development. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No X Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources *copy of Town form created on 5/25/05 ./ooo - x/~w~/a TOWN. OF SOUTHOLD'PROPERTY 'RECORD CARD ..~ OWNE~ I STREET- / '4; "~/:/)~, ~-- I VILLAGE IDIST' ICOUNTYTAX MAP NO' LAND IMP. TOTAL DATE REMARKS: Ors N/(.t _ .:~ /:.:, ,.._, .:,-. O_.~r,'. ~ ,: ~ . .. ~./~.11~ ~ _. / '"OW'NERx-~IK)- C~. ~P-°-rl~T4~2 ~ ~, 5TRE~ ~IE~GE DISTRICT FORMER OWNER -- N z, ~ ~ ~ E SUB. ACREAGE ~ TYPE OF BUILDING /~Z~O Fa rm Tillc~le '1 Tillable 2 Tillable 3 Waodland ~wampland 3rushl~n~i;~ -" ¥otal ~ ~ BUJ NORMAL BELOW Acre Value Per Acre ABOVE Value FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Bu£1d£ng Inspector Town Hall Southold, N.Y. C~RTIFICAT~ OF No Z-22116 Date JANUARY 19~ 1993 THIS CERTIFIES that the building Location of Property. 1980 LEETON DRIV~ House No. County Tax Map No. 1000 Section 58 Subdivision ADDITIONS N.Y. Street Block 2 Lot 13 Filed Map No. Lot No. Hamlet conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 22~ 1982 pursuant to which Building Permit No. 12105-Z dated JANUARY 13, 1983 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued ia DR~ ADDITIONS & NEW FO~NDATIO~ ~mER EXlSTIN~ D~n~.TNQ A~APPLIEDFOR. The certificate is issued to of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Rev. 1/81 wJ~ NOTE; w · MONUMeNt' YOUNG & YOUNG FOUNDATIO~ {1st) FOUNDATION (2nd) 2. ROUGH FRAME & PLUMBING INSULATION PER N. Y. STATE ENERGY q,ODE FINAL ADDITIONAL COMM.ENI'S: / UNDERWRITERS CEITi'IF~TE REQUIRED If copper tubing is used for water distributing system; piping shall be of types K or L o ,n,l~. PLUMBER CERTIFICATION ON LEAD CONTENT BEFORE CERTIFICATE OF OCCUPANCY SOLDER USED IN WATER SUPPLY SYSTEM CANNOT EXCEED 2/10 of 1% LEAD. USE iS UN~:WFUL ~;~, ~'au/CERTiFgCATE ~, OCCUPANCY' PLUMBING ~= COVERING Memorandum from.... BUILDING INSPECTORS OFFICE TOW[4 OF SOUTHOLD Tow~ HALL, SOUTItOLD, N. Y. 11971 765'1802 · -' MONUMENT 765-1802 BUILDING DEPT. INSPECTION []FOUNDATION 1ST []ROUGH.~PLBG. [.) FOUNDATION ?.ND []INSULATION []FRAMING [ L REMARKS: DATE INSPECT*i) / $;to~V B,%oo~, A/V H194 J~an Eeonard P,O. Box ?~1 Southold, N.Y. 11971 December 7, 1982 RE: SCTM No. 1000-058-2-13 ~t~/t Mrs. Leonard: A acvZe~ 6eeamm/e Raise your existing residence so that you may construct a basement below it. 1925' east of the intersection of Leeton Dr. with Kenney's road. ~eei___z_pa~jee;tEo be landward of a substantial man-made structure nl-h--excess of-l~O feet in length. ju.,~dZ~./:~ pu.~ua~ ~ ~ act. PSL ~P, NT:ez N LOT COVERAGE AREA TO COASTAL EROSION HAZARD LINE = 6825 sq. ll. HOUSE, DECKS,HOT TUI~ & STEPS =2,.309 2.309/~825 = SURVEY OF PROPERTY A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNT. Y, N.Y. 1000-58-02-13 SCALE: 1'--20' NOI~MBER 27, 2006 dUNE 19~ 2008 ICOASTAL ER'OSION HAZARD LINE) SEPT. 24~ 2005 (ed~ltfon$I SEPT.. $0~ 2008 (alfditions) OCT. 16, 2008 {ground level deck added lo Jo/ ~overage) COASTAL EROSION HAZARD LINE FROM COASTAL EROSION HAZARD MAP PHOTO # 56-566-8J FLOOD ZONE FROM FIRM MAP NUMBER J610JC0154 G MAY 4, 1998. ELEVATIONS REFERENCED TQ N.G.V.D. · :MONUMENT ~lW ALlI'KA170N OR ADOII~ON TO TIllS SURVEY IS A VIOLAI~ON OF SECTION 72090F THE NEW YORK STATE EDUCAllON LAW. EXCEPT AS PER SECtiON 7209-SUBDIVISION 2. ALL CE-R11FICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURI/EYOR Iff-lOSE SIGNA TUR£ APPEARS HEREON. AREA-7,723 SO. FT. ',~ ~. / N,Y.S. LIC. NO. 4961' (~0~; ~,~...0_:2~;''/cAx (6Jl) 760-1797 P.O>~ ~.-' ._~ ~2~o m~L[~ Sm~[TI 06 248 SOU~OLD, N.~ 11971 1 -- I