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Home My WebLink About6294 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 MAR' 2 5 2010 n CleA FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 16, 2010 ZBA FILE #6294 NAME OF APPLICANT: Paul Betancourt PROPERTY LOCATION: 1825 Aquaview Ave., (Adjacent to Long Island Sound) East Marion CTM#22-2-6 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 29, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. SUFFOLK COUNTY SOIL AND WATER: This application was referred to Suffolk County Soil and Water Conservation District and they issued a reply dated June 8, 2009 recommending that vegetation is maintained at all times during and after construction with native plants and grasses to prevent erosion and control sediment. Additionally, it is recommended that gutters, downspouts and underground drywells are installed on the buildings to address storm-water runoff. No natural resource concerns were observed with regard to the demolition of existing one story house and construction of a new two-story house on existing foundation to this residence. LWRP: This application has been reviewed under 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 provided that the following recommendations are implemented; Policy 6, 6.3 (E) Protect and restore the quality and function of the Town of Southold ecosystem: that a perpetual, natural buffer be required seaward from the 38 foot topographical contour to the toe of the bluff (bank). PROPERTY FACTS/DESCRIPTiON: Subject parcel is improved with a one and a half story older home, with a non-conforming area of 21,466 sq. ft, with significant non-conforming setbacks. The lot measures 100' in width on Aquaview Avenue. With 239.35' on the eastern property line, 252.11' on the west property line and 106.80' on Long Island Sound. BASIS OF APPLICATION: Request for variances from Code Sections 280-124, 116A(1) and 15 based on an application for building permit and the Building Inspector's March 24, 2009, revised November 17, Page 2- March 16, 2010 ZBA Fi[eg6295 - Betan¢ourt. CTM: 1000-22-2-6 at 1825 Aquaview Ave., (adj. Long Island Sound) East Marion 2009 Notice of Disapproval concerning proposed additions and alterations to an existing single family dwelling and construction of an accessory in-ground swimming pool at: (1) less than the code required front yard setback of 40 feet, (2) less than the code required minimum side yard setback of 15 feet, (3) total lot coverage above the code required 20%, (4) proposed construction at less than the code required 100 feet from a bluff, (5) accessory location is proposed in other than the code required rear yard. RELIEF REQUESTED: The applicant proposes relief from the following code requirements: (1) Section 280-124, front yard setback is proposed at 27', code requires 40'., (2) Minimum single side yard setback proposed at 10', code requires 15', (3) Lot coverage proposed at 25.1%, code requires 20%. (4) Section 280-116A(1), proposed setback from top of the bluff is requested at 30', code requires 100'. (5) Section 280-15 accessory structure is proposed in the side yard, code requires accessory location in the rear yard. AMMENDED APPLICATION: During the first two hearings the Board asked the Architect and the Applicant to produce new revised plans that would bring the entire project into greater conformance. As a result, the final drawings of the home and accessory structure, (swimming pool) indicate downsizing of the project, specifically reducing the size of the proposed swimming pool and roof overhang and setting back the proposed second floor addition from the northeast corner to reduce the weight on the bluff. These changes eliminated a variance for a total side yard setback. The relief requested AS AMENDED consists of: 1) Front yard setback is proposed at 27 feet, code requires 40 feet; 2) Minimum single side yard proposed at 10 feet, code requires 15 feet; 3) Lot coverage proposed at 25.1%, code requires 20% maximum; 4) Proposed setback from the top of bluff is requested at 30 feet, code requires 100 feet minimum; 5) accessory structure (swimming pool) is proposed in the side yard, code requires accessory location in the rear or front yard on waterfront properties. ADDITIONAL INFORMATION: At a Public hearing the Board requested from the agent/Architect two specific considerations, to which he and the Applicant agreed; 1. To protect the bluff from potential damage, no heavy equipment be used in the rear yard (seaward side) of this dwelling during construction, only smaller rubber tire excavation equipment can be used. 2. The most northerly corner of the proposed altered home be positioned back from the 30' mark or closest setback to the bluff. This process will take the excessive loading of the corner of the home, away from a critical setback, which is the closest corner of home to the top of the bluff. The Architect's amended plans call for a cantilever of this corner on a structural post setback and additional eight (8) feet from the bluff. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on 7/30/09, 12/3/09, and 2/25/10, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Town Law Town Law ~267-b(3)(b)('l) Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The home appears to be approximately 40+ years of age. It has sat on a high bluff open to the northeast, for many years. The community is comprised of many of these types of homes. Some homes in the immediate area are closer to the top of the bluff than the subject parcel. The Board has in the past few years, has several similar applications requesting setback and lot coverage variances in this immediate area. The main reason for these requested variances are usually the same: significant non-conformance of size of (area) of lot, width of lot and existing lack of code required setbacks Page 3- March 16, 2010 ZBA Fileg6295 - Betancoutt. CTM: 1000-22-2-6 at 1825 Aquaview Ave., (adj. Long Island Sound) E~st Marion Town Law §267-b{3)(b)(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. The applicant has a very small building area based upon present code requirements. This specific problem is caused by the location of the subject property on the cul-de-sac "Dead End" of this Private Rd., which cuts into the building area of the lot. This problem causes the non-conformity of at least three setbacks. Town Law §267-b(3)(b)(3) The variance granted herein is substantial, proposing a 70% rear yard setback from the code required rear yard setback. A 32.5% relief variance from the code required front yard setback. A 33% relief variance from the code required single side yard setback. A 5.1% over the code permitted 20% lot coverage, which is a 25.5% relief variance from the code. However, the applicant and his architect have worked with the Board over the past three hearings, to lesson the impact of several of these variances, and to eliminate one of them, thereby creating greater conformity with the code. Town Law §267-b{3){b){4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. A report from Suffolk County Soil and Water Conservation and the LWRP Coordinator have found the bluff to be stable, and have offered recommendations to maintain its stability, which the Board has applied as conditions to the granting of the requested relief as amended. Town Law §267-b(3)(b)(5) The alleged difficulty has not been self created. The applicant is in need of additions and alterations to his dwelling on his non-conforming lot with a wrap around bluff and pre- existing non-conforming setbacks. Town Law §267-b. Grant of the requested relief, AS AMENDED, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an up to date renovated home, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to DENY THE RELIEF AS APPLIED FOR, and GRANT ALTERNATIVE RELIEF shown on the amended site plan by Garrett Strang, Architect, dated 11/17/09 and architectural drawings by Garrett Strang, Architect, dated received by the Board of Appeals, Feb. 11, 2010. WITH THE FOLLOWING CONDITIONS: 1. The square footages of the proposed additions and alterations to the existing dwelling shall be 1,500 sq. ft. of living area on the first floor, 150 sq. ft. of first floor storage area, 312 sq. ft of first floor garage area and 1,092 sq. ft. of living area on the second floor as stated in a letter from Garrett Strang, Architect, dated 2/26/10. 2. The proposed swimming pool will include a filter backwash dry well and mechanical equipment will be located in a soundproof container. 3. Construction will adhere to the terms described in a letter dated 2/23/10, from John Condon, P.E. concerning the proposed plan to excavate the footings designed to remove the loading of the proposed second story addition on the northeast corner of the renovated home back from the bluff and ensure the structural soundness and continued use of the existing foundation. 4. The applicant will adhere to the recommendations submitted by both the Town's LWRP Coordinator, Dated, 6/8/09, and the Technician, from Suffolk County Soil and Water Conservation District, dated 6/17/09 to maintain bluff enhancement and stability. 5. All roof and site runoff must be directed to dry wells on site. The final grade of the site must be sloped away from the top of the bluff, and toward the home, and the Private Rd. This grading plan will prevent water from washing over the top of the bluff and cause top side erosion. Page ~ March 16, 2010 ZBA File#6295 - Bctancourt, CTM: 1000-22-2-6 at 1825 Aquavicw Ave,, (adj. Long Island Sound) East Marion 6. No heavy equipment shall be used in the rear yard (seaward side) of this dwelling during the construction, only smaller rubber tire excavation equipment can be used. 7. Adherence to the letter Dated February 11, 2010, by Garrett Strand, Architect regarding specific construction methods to be used. 8. Subject to all recommendations of the Town of Southold Trustees permit. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current er future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer, Schneider, Weisman (Chairperson). Member Dinizio abstained. Absent was: Member Horning This Resolution was duly adopted (3-0). Approved for filing ~,~ / .~r7~/2010 / Cler~ N Z Z {2) SURVEY z"~4zV$ ~06,~V~ OF PROPERTY AT EAST MARION TO,tN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 100~££-0~-06 SCALE: 1'=$0' AUGUST $1, 2008 MARCH 24, 2008 (coaslal erosion hozard /ine) ~2.2' 7- COASTAL EROS/ON HAZARD LINE FROM COASTAL EROSION HAZARD MAR PHOTO 50-617-83 · AREA-ZI,466 SO. FT. TO TIE UNE I=MONUMENT ELEVATIONS REFERENCED TO N.G.V.D. ANY ALTERA~70N OR ADDI?70N TO THIS SURVEY IS A VIOLAITON OF SECIION 72090F THE NEW YORK STATE EDUCAI70N LAW EXCEPT AS PER SEC llON 7209-SUBDIVISION 2. ALL CER TIFICA ITONS ....... HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNA lURE APPEARS HEREON. (82 P.O. 1230 SOU THOL 971 £1C. NO. 49618 765- 179 7 06-211 NOTE: THIS SITE PLAN WAS PREPARED WITH INFORMATION TAKEN FROM A SURVEY MADE BY P~=CONIC SURVEYORS, P.C. SOUTHOLD, NY. DATED: AUGUST 31, 2006; COASTAL EROSION HAZARD LINE: MARCH 24, 2000 ALL ELEVATION AND COUNTOUR LINES ARE REFERENCED TO N.G.V.D. NOV 1 ? 2009 BOARD OF APP~ GARRETT A. STRANG architect 1230 Traveler Street S~utho~d N.Y 11971 631 "765- 5455 SITE AREA TAX MAP # ZONING F'LOOD ZONE WATERSUPELY USE EXISTING PROPOSED OWNER SITE DATA 0,49 ACRES = 2t,468 BQ. FT, 1000 - 22 - 02 - 06 R - 4~'REBIDEN'nAL "VE" IlL 16) & "X" ' PRIVATE WELL SINGLE FAMILY DWELLING SINGLE FAMILY DWELUNG PAUL T. BETANCOURT 69-t7 SHORE ROAD, APT. 6B BROOKLYN, NY 11200 BUILDING AREA EXISTING House Shed TOTAL PROPOSED House Landing Pool TOTAL LOT COVERAOE GROB$ Existing Proposed BUiLDABLE LAND LANDWARD OF COASTAL EROSION HAZARD AREA LINE LOT COVERAGE NET Existing Proposed 840 sq. ft. 111 sq. ft. 951 sq. ff. 1,964 sq. ft. 72 sq. ft. 512 sq. ft. 2,548 sq. ft. 4,4 % 0.23 ACRES - 10,133 SQ. FT. 9.4 % 25.1% SHADED AREA REPRESENTE ) BE REPLACED / REPAIRED USING "ALTERNATE PiT METHOD". ALL WORK & ~OA~D OF APPEALS FOUNDATIONPLAN iFINAL MAP R.,EVIEWED BY ZBA~ ,EE DECISION # ~ DATED ,J ~t£CEXV£~ 10' BEDROOM GARAGE 12' UP STRUCTURAI.$UPPORTPULLED 8ACKFROMCORNER-- OO 0 0 KITCHEN 37' OPEN GLASS CORNER 32' x 16' POOL 50' BOARD OF APPEALS FINAL MAP :~EVlEWED BY ZBA LEE DECISION # DATED__ I 1st FLOOR PLAN BEDROOM 32' x 16' POOL SITTING BEDROOM 39* ~OARD OF APPEALS FIN~AAL MAP DECISION 2nd FLOOR PLAN NORTH (WATER 81DE) ELEVATION EAST ELEVATION FINAL MAP REVIEWED BY ZBA SEE DECISION # ~/ DATED I / ~/~ RECEIVED 8OARD OF APPEALs GARAGE SOUTH ELEVATION STORAGE FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED / I ........ GARAGE WEST ELEVATION Garrett A. Strang Architect February 26, 2010 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 Fax (631) 765-5490 Ms. Leslie Weisman, Chairperson Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 Re; Proposed Additions, Pool and Terrace at 1,825 Aquaview Ave., East Marion NY SCTM #1000-22-2-6 ZBA appeal # 6294 Dear Ms. Weisman and Members of the Board: As requested by Mr. Geohringer during yesterdays public heating, the following is a breakdown of both the existing and proposed building areas with respect to the above referenced application: Existing Dwelling: First Floor Living Area Second Floor Living Area 850 sq. ft. 350 sq. ft. First Floor Storage Shed 111 sq. fi. Proposed Altered Dwelling: First Floor Living Area Second Floor Living Area 1,500 sq. fi. 1,092 sq. ft. First Floor Storage Area First Floor Garage Area 150 sq. ft. 312 sq. ft. It is my understanding the relief we are seeking is; a fi.om yard setback, one side yard setback, top of bluff setback, lot coverage and accessory pool in the side yard. If you have any questions please do not hesitate to contact me at the office. Very truly yours, Garrett A. Strang, R.A. Architect Encs. Coildorl Engineering, P.C. New York State Licensed Professional Engineers 1755 Sigsbee Road Matfituck, New York 11952 condonengineering.com 631-298-t 986 Fax 631-298-2651 February 23, 2010 Mr. Garret Strang, Architect P.O. Box 1412 Southold, New York 11971 Dear Mr. Strang: As requested a visit was made to the Betancourt residence on Aquaview Drive in East Marion. The purpose of the visit was to inspect and report on the condition of the existing building foundation. The following is a report of the findings of that inspection. Inspection found the building to be constructed on an 8' thick concrete masonry unit foundation and the foundation wall is supported by an 8' thick by 16' wide poured concrete footing. The footings are also at least 3 feet below grade. Inspection found all of the foundation walls to be in good condition with no structurally significant cracks. Section R403.1.1 of the Residential Code of New York State specifies a minimum footing width of 15 inches for a 2 story wood framed structure. Based on these observations, the foundation and associated footings are capable of supporting a two story stnJcture and are in accordance with the Residonfial Code of New York State. The foundation forms a 4 foot deep crawl space below the building which is deep enough to enable easy access for workers to excavate under the footings from the crawl space side to augment the existing foundation fooling to support any point loads that may be produced by the structure above. If you have any questions please call me at 298-1986. Youm truly, Tim Betancourt 6917 Shore Road Brooklyn, New York 11209 Garrett A. Strang Architect February 11, 2010 Ms. Leslie Weisman, Chairperson Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 Fax (631) 765-5490 8OARD OF APPEALs Re: Proposed Additions, Pool and Terrace at 1,825 Aquaview Ave., East Marion NY SCTM #1000-22-2-6 ZBA appeal # 6294 Dear Ms. Weisman and Members of the Board: Attached, as requested during the public heating of 12/3/09 on the above referenced matter, please find seven (7) copies of the tbllowing: Amended Foundation Plan Conceptual Design Floor Plan Diagrams Altered Conceptual Design Elevation Diagrams The proposed work as shown on the enclosed diagrams is very modest in scale and scope and not much of an increase from that which already exists. You will note that the existing foundation will be reinfomed as required from the interior of the building with no disturbance to the exterior on the Northerly or bluff side. Them will be a minimum of disturbance to accommodate the proposed new foundation along the East side the extent of which will be a 3' deep trench for the installation of the new footing and foundation wall. Furthermore, the existing and proposed loads on the Northeast comer (point A) will be substantially reduced by re-engineering the structure of that comer as a cantilever condition so as to mitigate the concerns of additional structural loading in that location. As previously discussed, the proposed second floor addition will be stepped back 8' from the northerly side of the existing first floor so as to move any possible structural load caused the addition further away from the edge of the bluff'. If you have any questions please do not hesitate to contact me at the office. Very truly yours, (Jarrett A. Strang, K.A. Architect Encs. RECEZVED FORM NO. 3 NOTICE OF DISAPPROVAL i OV 1 7 2009 BOARD OF AppEALS DATE: March 24, 2009 Revised: November 17, 2009 TO: Paul T. Betancourt C/O Garrett Strang 1230 Traveler Street Southold, NY 11971 Please take notice that your application dated March 19, 2009: For permit to construct additions and alterations to an existing single t~amily dwelling and construction of an accessory in-ground swimming pool at: Locatiou of property: 1825 Aquavicw Avenue East Marion, NY County Tax Map No. 1000 - Sectiou 2~2 Block 2 Lot _6 Is returued herewith and disapproved on thc folk)wing grounds: The proposed construction, on this non-conforming 21,466 sq. fi. waterfront lot in the R40 District, is not permitted pursuant to Article XXIII, Section 280-124, which states, non- conforming lots measuring 20,000 to 39,999 sq. it., require a minimum front yard setback of 40 feet, a minimum side yard setback of 15 feet and maximum lot coverage of 20%. '['he revised site plan shows a fi'ont yard setback of 27 feet, a minimum side yard setback of It) feet and total lot coverage of 25.1%. Furthermore, pursuant to Article XXII Section 280-116A(I), which states; "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluffor bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank." The proposed construction is shown at 30 feet from top of the bluff. Additionally, pursuant to Article lit Section 280-15, which states; accessory baildings aad structures or other accessory uses shall be located in the required rear yard The proposed in-ground swimming pool is located in the side yard on the site plan, by Garrett Strong, Architect, last revision date 11/17/09. Vicki Toth CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. FORM NO. 3 TO: NOTICE OF DISAPPROVALDATE M h24 2009 : arc , . Garrett Strang (Be~t/ancourt) 1230 Traveler St. Southold, NY 11971 Please take notice that your application dated March 19, 2009 For permit to construct additions and alterations to an existing single fami,ly dwelling:find C~)nstruction of an accessory in-ground swimming pool at Location of property: 1825 Aquaview Ave., East Marion, NY County Tax Map No. 1000 - Section 2_2- Block 2_ Lot 6 Is retumed herewith and disapproved on the following grounds: The proposed construction, on a non-conforming 21,466 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring between 20,000 and 39,999 square feet in total size, require a m'mimum fi'ont yard setback of 40 feet, a minimum single side yard setback of 15 feet, a minimum single side yard setback of 35 feet and a maximum lot coverage of 20%. Following the proposed additions and alterations, the dwelling will have a front yard setback of 26 feet, a single side yard setback of 10 feet and a total side yard setback of 30 feet and a total lot coverage of 28.2 percent. In addition, the proposed additions and alterations are not permitted pursuant to Article XXII Section 280-116 A (1), which states; "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff.or bank landward of the shore or beach shall be set back not fewer than 100 feet fi'om the top of such bluffor bank." The proposed additions and alterations are noted as being 27 feet from the top of the bluff. In addition, the proposed in-ground swimming pool is not permitted pursuant to pursuant to Article 111 Section 280-15 B, which states that such structures shall be located in the required rear yard. The proposed in-ground swimming is noted as being in the side yard. This Notice of Disapproval was written based on a site plant dated 3/19/9~ by Garret A Strang~ Architect. Authorized Signature . FORM NO. 3 ~tl~ NOTICE OF DISAPPROVAL DATE:, August 29,~2008----~ ~-~ TO: Garrett Strang (Bentancourt) 1301 Deer Park Avenue North Babylon, NY 11703 Please take notice that your application dated August 20. 2008 For permit to construct additions and alterations to an existing single'F~irn~g .,,d ccn:t~, of an accessory in-ground swimming pool at ~ction Location of property: 1825 Aquaview Ave., East Marion, NY County Tax Map No. 1000 - Section 2~2 Block 2 Lot 6 Is returned herewith and disapproved on the tbllowing grounds: The proposed construction, on a non-conforming 21,466 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 200-124, which states that non-conforming lots, measuring between 20,000 and 39,999 square feet in total size, require a minimum front yard setback of 40 feet, a minimum single side yard setback of 15 feet, a minimum single side yard setback of 35 feet and a maximum lot coverage of 20%. Following th_.c ~:qposed additions and alterations, the Swdling xvill ha'~a fron~ ~a~d setback of 26 feet arar~nl~l~ side.-~ard setback of 10 feet an~total side~a, rA setback of 34 feet and ~_~otal 1o~-'~-~ ~.7 Percent. In addition, the proposed additions and alterations are not permitted pursuant to Article XXII Section 280-116 A (1). which states: "All buildings or structures located on lots adiacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank." The proposed additions and alterations are noted as be(ng.....27 feet from the top of the bluff: ~ In addition, the proposed in-ground swimming pool is not permitted pursuant to pursuant to Article III Section 280-15 B~ whic. N-g, tates thal such-smactumx&hall be located in the required rear yard. The proposed in-gruuni:l-~*mmln[~ i~ nolad aS being in .... This Notice of Disapproval was written based on a site plato dated 8/19/8~ by Garret A Strang, Architect. ~ Au~mture Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. oCOUNTY OF SUFFOLK SOIL AND WATER CONSERVATION DISTRICT FAX: (631)727-3160 June 8, 2009 Chairman Gerard Goehringer Board of Appeals, Town of Southold 53095 Main Rd, P.O. Box 1179 Southold, New York 11971-0959 JLIN ~ul A. tTeNyenhuis 1 ,5 200§(s3~')7 -2315 x3 RE: ZBA File REF. No 6294 Betancourt, P. Dear Chairman Goehringer: As requested, a site review was conducted at 1824 Aquaview Avenue in East Marion. The site was evaluated for potential natural resource concerns regarding the renovations and additions to the existing house also including garbage, pool, and terrace on landward side and landing with stairs to beach at the residence. At the time of this site visit, June 9, 2009, there were no observed natural resource concerns. The property is situated on the Long Island Sound and is protected by a wooden bulkhead in good condition. The existing wooden stairs which lead to the beach, the beach, and the densely vegetated bluff are also in good condition. No erosion was observed. It is recommended that vegetation is maintained at all times during and after construction with native plants and grasses to prevent erosion and control sediment. Additionally, it is recommended that gutters, downspouts, and underground drywells are installed on the buildings to address stormwater runoff. No natural resource concerns were observed with regard to the demolition of existing one story house and construction of new two story house on existing foundation to this residence. If you require further assistance in this matter please don't hesitate to contact me. 423 GRIFFING AVENUE SUITE 110 RIVERHEAD, NY 11901 COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehfinger, Chairman April 21, 2009 ,APR 2 9 2009 Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Galeotafiore, Durante & Anna Tsavaris, Susan Geroulanos, Spiro Ruggieri, John Fischer, Daniel & Nancy Strang, Garrett (Bentancourt) Delucia, Diana Fishers Island Development Corp. Hill, Ronnie (Mason) TRK:ds 6286 6289 6290 6291 6292 6294 6296 6297 6298 Very truly 'yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 (._.OFFICE' EOCATION: 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 To: From: Gerard Goehringer, Chair Town of Southold Zoning Board of Appeals Mark Terry, Principal Planner LWRP Coordinator Date: July 17, 2009 J~]L t 7 2009 Re: ZBA# 6294 (PAUL T. BETANCOURT) Location: 1825 Aquaview Avenue, East Marion SCTM# 1000-22.-2-6 PAUL T. BETANCOURT #6294. Location of Property: 1825 Aquaview Avenue, East Marion; CTM 22-2-6 (adjacent to Long Island Sound). The applicant requests Variances based on the Building Inspector's March 24, 2009 Notice of Disapproval concerning an application for a building permit for the following proposed construction The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP provided that the following recommendations to further the below listed policies are implemented. The property consists of a wrap-around-bluff system which occurs alonq the eastern property boundary. The bluff systems are heavily vegetated and stable (visual observation). However, the followinq best management practice is recommended to further the below policies. Poficy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wet/ands. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: Maintain buffers to achieve a high filtration efficiency of surface runoff Avoid permanent or unnecessary disturbance within buffer areas. Maintain existing indigenous vegetation within buffer areas. if the action is approved, it is recommended that a perpetual, natural buffer be required seaward from the 38' topographical contour to the toe of the bluff (bank). An example definition of a Natural Vegetated Buffer is as follows: NATURAL VEGETATED BUFFER -- a land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum percent qround cover of ninety-five (95) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted. Survival of planted ve.qetation shall be (ninety) 90 percent for a period of three (3) years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimming tree limbs up to a height of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishing a four foot (4') wide access path constructed of pervious material for access to the water-body. Figure 1. Subject parcel. 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: Lori Hulse, Assistant Town Attorney Garrett A. Strang Architect November 17, 2009 BOARD OF APPEAL~ 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 Fax (631) 765-5490 Mr. Gerard Geohringer, Chairperson Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 Re~ Proposed Additions, Pool and Terrace at 1,825 Aquaview Ave., East Marion NY SCTM #1000-22-2-6 Dear Mr. Geohringer and Members of the Board: Attached, as requested during the public hearing of 7/30/09 on the above referenced matter, please find seven (7) copies of the following: Revised Notice of Disapproval from the Building dept. Amended Site Plan Amended Elevation Profiles Floor Plan Diagrams As discussed, the nature of the changes include reduction in the size of the swimming pool which now has a frout yard setback of 39'; reduction in the front yard setback relief requested to the closest comer of the garage; Reduction of the east side roof overhang so as to eliminate the need for relief from the total side yard requirement; Reduction in the relief requested for net lot coverage; 8' step back of the northerly side of the proposed second floor addition so as to move any possible structural load caused the addition further away from the edge of the bluff; Reduction in the north roof overhang to two feet so as to reduce the relief requested for setback from the bluff. In addition, proposed structural changes to the northeast comer of the existing dwelling creating a cantilevered comer thereby moving the structural load further away from the edge of the bluff If you have any questions please do not hesitate to contact me at the office. Very truly yours, Garrett A. Strang, R.A. Architect Encs. 10' SEVERE WEATHER OVERHANG 43' ~"~ ~ OPEN GLASS / STORAGE .............. LINE OF EXST'G HOUSE GARAGE 37' 32'x 16' POOL 50' 12' 1st FLOOR PLAN SEVERE WEATHER OVERHANG ROOF DECK ~'~ LINE OF EXST'G HOUSE 39' RECEI'VED NOV ~l ? 2009 BOARD OF APPEALS 32'x 16' POOL 2nd FLOOR PLAN REC£1'VED BOARD OF APPEALS NORTH (WATER SIDE) ELEVATION EAST ELEVATION GARAGE SOUTH ELEVATION RECEIVED NOV 1 ? ZO0~ BOARD OF APPEALs STORAGE GARAGE WEST ELEVATION Fee: $ Office Notes: __ Filed By: For Office Use Only Date Assigned/Assignment No. Parcel House No.]~ SCTM1000SeetionZ~- Block ~Lot(s) I (Wr) APPEAL DATED: Applicaa~Owner(s): ~dc ~ &~n.c~o~ ~ ,M~ 2 6 2009 Mailing Telephone: ql~ - $6~- 7'7o0 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: authorized Representative: ~t~rr' d. ~-a.~: rico for (,.-9~Owner, or ( ) Other: Address: ~0~ /~t / Z ~7'td~.~, A/"~ IIq'7 / Telephone: ~ b ~- '5'~ ~-~'" Please check box to specify who y~.~ wish correspondence to be mailed to, from the above names: '[3 Applicant/Owner(s) [3PAuthorized Representative [3 Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ~uilding Permit [] Certificate of Occupancy [3 Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction 13Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Sectio.n,, Subsection of Zoning Ordinance by numbers. Do not quote the code./O£r,a~ X× tn, C&~. zc~ Article X~ItI Section 280- //6, Subsection Type of Appeal An Appeal is made for: ~{~ Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [3 has ~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.). NameofApplicant: J~T~Cz~,~'~ CTM# /ooo-lQ.- ~--6, ZBA< FJicg REASONS FOR APPEAL {additional sheets maF be used wtth preparer's stgnat~re}: VA CE ONS: ; MAR 2 G (1) An undesirable change will not be produced in the C~CTER of the neighborhood or a detriment to nearby properties if granted, because: ~ ' ' ' ~ .... ~ (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? (~'Yes, or ( )No. Are there Covenants and Restrictions concerning this land: I~ No. [] Yes (olease furnish cony). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Sworn tn before me this dayof ~Signature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Carbara A. Strang ;OTARY PUBLIC, New York No. 4730095' 'Tua[ified - Suffolk ,C~unty Expires July 31,~o! o APPLICANT'S PROJECT DESCRIPTION Applicant: ~ I. For Demolition of Existing Building Areas Please describe areas being removed: (For ZBA Reference) ~ ~ ~-~ II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: /£ Dimensions of new second floor: Dimensions of floor above second level: Height (from 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) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes wrI'H Alterations: 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: ercenmge of coverage of your lot by bud&ng ~ea: V. PurPose of Ngw Construction:f~ VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meetin.g~he 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 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? 13 Yes ~t. No Are there any proposals to change or alter land contours? ~'No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? ~ 4r ~cmr~O~-/~t-v~T 2) Are these areas shown on the map submitted with this application? ~ ~ ~ 3) Is the property bulkheaded between the wetlands area anal the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the ~Fowp Trustees for its determination of jurisdiction? ~S Please confirm status of your ~nqmry or application with the Trustees: /9~_~ ~r- I s s O~ ~ 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? ~o Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? AJo (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? ,aJ ~ 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? the proximity of your lands on your map with this application. If yes, please label ~/(uthorized Signature and Date H. Please list present use or operations conducted at this parcel ~.4~z~ /~ ~. ~c//£s/.~e and proposed use ~/~, ~oo~, ~c~- ~w~ (ex.pies: existing: single-h~ly; proposed: s~e with g~ge or ~ol,'or o~er description./ ' ~ ~ ~5; 1/07 2 6 , 2009 61Z21 Appendix C State Environmental Quality Review SHORT ENVIRONM-ENTAL A~SESSMENT FORM For UNLISTED AICTION$ Only PART I - Project Iaformation (To be complete by Applicant or Project sponsor) 1. Applicant / Sponsor 2. Project Name 3. Project location: Munlcip~lity County SEQR 4. Precise location (S~reet address and road intemections, prominent landmad(s, etc. or provide map) 5. Is proposed action: ( )NEW ~/~ EXPANSION ()MODIFICATION/ALTERATION 6. Describe project b,defly: 7. Amount of land affected: Initially: . z/~ acres; Ultimately: -~ acres 8. Will proposed action comply with exSsfing or other existing land use restrictions:( ) YES ~ HO If No, descdbe bdefly: 9. What Is present land use in vicinity of project: (describe): rResidential ( ) industrial ( ) Commercial ( )Agricultural ( ) Park/Forest/Open Space ( } Other 10. Does action Involve a permit approval or ~nding, now or ultimately from any other Governmental agency,(Federal, State or Local) ? [(~) YES ( ) NO If Yes, list agency(s) and permll/approvals: 11. Does any aspect of ~e action have a currently valid permit or approval? YES ( ) NO If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, will existing permit/approval require modification? [( ) YES '~/.)~40 If Yes, iisi agency(s) and permit/approvals: I certify that the Information provided above is true to the best of my kn, owledgo IApplicant / Sponsor Nam ~ .,,~'"'--~ .......... Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment To~vn of Southold A, INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM .2OO9 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- supporting facts. 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 The Application has been submitted to (check appropriate response): TownBoard [~ Planning Board [~ 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: Nature and extent of action: Locationofaction: /t "TJ'c: :5-' ,~ ~ (.,>-,,,q U/~r~ ,~b/~. tr~., Site acreage: c~ ' ~ ,Ac~:.~fl J ~-~/, q-"b"~ ~4:) Present land use: ~/,,'~ 6 ~- t~,q,,~/c ye ~ ~c /~ . Present zon~g classification: ~ ~ ¢~~/~ ~/~ ~ RECEIVED / If ~ application for ~e proposed action h~ been filed wi~ ~e Tom of Sou~old agency, me zono~g info~ation shall be provided: Bo~B OF APPEALS (b) Mailing address: (c) Telephone number: Area Code ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing ho~v the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY l'olicy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes [~] No [--1 Not Applicable 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 A 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 Attach additional sheets if necessary NATU1L'kL COAST POLICIES !,!~ 2 R ~anq · L.o y . . Policy 4. Minim~e loss of life~ structures, and natural resources from flooding ~nd erosion. See Section III - Policies Pages 8 through 16 for evaluation criteria ~ ; :;, Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes [] No J~Not ApPlicable At~ach additional sheets if necessary Polio7 6. Prot~t aud restore the qualit3' and function o! the ~ro~-a 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 Attach additional sheets if necessary Policy 7. Pages 32 through 34 for evaluation criteria. Protect and improve air quality in the Town of Southold. See LWR~gllOIII - Policies BOARD OF ApPF. AL$ Yes [] Nof~ 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. · ~ Yes [] No ~'~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes~ No ~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes ~--~ No}~] Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~Yes ~-~ No[~ Not Applicable ~ Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [ lyes [] NoJ~ Not Applicable At~ach additional sheets if necessary Policy 13. Section 111 - Policies; Pages 65 through 68 for evaluation criteria. (~ Yes [] No [] Not Applicable Promote appropriate use and development of energy and mineral resources. See LWRP AP .... ~NSACTIONAL DISCLOSURE FOR~ I~LICAB~YTO OWNER, CONTRACT VENDEE AN~ 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. (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: (Che~Jdhat apply.) Variance Special Exception *Other Approval or Exemption - from plat or official map Change of Zone Tax Grievance *If"Other" name the activity: --' -- Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee,,o,f the Town of S.o,,uthold? "Relationshi~des bx blood, marriage, or business interest. Business interest mean ' · · Eartnersh~ which the Town officer or em_p~loyee has eve~an~s ~a~b.._u,siness in.~lud~g a · ' ' ~s a partial o~ ~ent by) a c~qg~.oration in'ich the Town officer or em lo ee owns more~ YES -- __ NO If you answered "YES'; complete the balance of this form and date and sign where indicated Name of person employed by the Town of Southold: ,z.]~ ~)~.~_ Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vende~e 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 of the corporate stock of the applicant (when the applicant is a corporati6n); _ _ 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 of the applicant; or , _ D) the actual applicant. DESCRIPTION OF RELATIONSHI? ~ ~y~'l~) ' J sS.Ubmitted this ~ ~z~ day of /VA ~ ~ ,~j '2,:~? ~.gnature: . /~rt~4~ 'T~3e~,~- 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. (Last name, first nmne, 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 nmne.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a parmership, 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 ~' 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 of 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 of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this Signature: ,_.~.~.-~ Print Nam¢~ AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO U~E THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural distric~ rill applications requiring an agricultural data Statement must be referred to the Suffolk CounO~ Department of Planning in accordance with sections 239- tn and 239~n of the General Municipal Law. 1) NameofApplicant: ~;c 7- 2) Address ofApplicant: (b~-/~ ~'~ ~oAo ~£r 6~. ~,eO~,~c ,/~', ,w/ //~? 3) Name of Land Owner (if other than applicant): 4) Address of Land Owner: /'~£g ~cp~a(//~/¢/ ~t/~, ~ $) Dcscriptioia0fPrOpbsedPi'oject:df/~ ~'"f'~v oaf, s)/ ~/r~ ~7~ ,E~T~:~£~/,Oa;~A/~ 6) Location of Propei'ty (road and tax map number): r¢~ q-,~a~n ~'I~,~ ~r~,~ ~ ~ 7) Is the parcel within an agricultural district? [~No []Yes If yes, Agricultural Dish%t Number 8) Is this parcel actively farmed? ~No []Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Infomtion 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 lhe 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 10t numbers may be obtained, in advance, when requested from the Office 1938 or th~.Z~l~ing B~ard of Appeals at 765-1809. // Signature of Applicant Date ~fthe Plauning Board at 765~ MAR 2 6 2OO9 Note: i. The local board will solicit comments from the owners of land identified above in order to conaidei'~th~ effect of ih~ p~P°~ a'e~{o~} On their farm operation. Solicitation will bo made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part oftbo overall review of this application. 3. The clerk to the local board is rczl~naible for sending copies of the complcted 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. 1-144)9 Condon Engineering, P.C. New York State Licensed Professional Engineers 1755 Sigsbee Road Mattituck, New York 11952 condonengineerlng.com 63t-298-1986 Fax 631-298-2651 December 2, 2009 Mr. Tim Betancourt 6917 Shore Road Brooklyn, New York 11209 Dear Mr. Betanoourt: I have reviewed the plans for the proposed addition of a second floor on your residence on Aquaview Drive in East Madon. I have also reviewed the survey of the site, which contained elevation information for the bluff and I made a visit to the site to inspect the bluff along the shore of Long Island Sound. Inspection of the bluff found it to be densely vegetated and in good shape relative to erosion. The slope of the bluff was also found to be shallower on the eastern side of the lot versus the northern side. The slope based on the survey is approximately 2 feet in 4 feet and becomes twice as steep, 2 feet in 2 feet, approximately 27 feet from the corner of the building. Based on the review of these documents and inspection of the site, it is my professional opinion that the additional weight of the proposed addition and the distance of the area where the addition is to be made is far enough away from the edge of the bluff and the bluff slope is shallow enough that the surcharge of the building weight on the soil falls well within the face of the bluff and will not adversely effect the stability of the bluff. If you have any questions please call me at 631-298-1986. ndon, P E Garrett A. Strang Architect 1230 Traveler St., Box 1412 Southold, New York 11971 Telephone (631) 765-5455 Fax (631) 765-5490 March 26, 2009 Mr. Gerard Geohringer, Chairperson Southold Town Zoning Board of Appeals Main Road Southold, NY 11971 R.e~ Proposed Additions, Pool and Terrace at 1,825 Aquaview Ave., East Marion NY SCTM #1000-22-2-6 MAB 2 6 2009 Dear Mr. Geohringer and Members of the Board: Attached is a copy of the LWRP consistency assessment form which was filed with our application to the Southold Town Trustees. At that time, the LWRP coordinator recommended that the proposed application be found inconsistent with the LWRP. In response to that recommendation, the Board of Trustees in an effort to move the application toward consistency to the greatest extent possible imposed the following requirements: A continuous line of staked hay bales and silt fencing be installed prior to construction. Gutters and leaders to contain roof runoff must be installed and piped to dry wells. Driveway and parking areas to have a pervious surface. Proposed extensions in the northeast comer to be brought back behind the Coastal Erosion Hazard Line. The above requirements are the extent of changes made to the original Trustees application Site Plan and are now reflected in the Site Plan accompanying this application to the ZBA. If you have any questions please do not hesitate to contact me at the office. Very truly yours, Garrett A. Strang, R,A Architect Encs. 63:]. -765-54! G.A.STRANG,ARCHI~.. PAGE 82 LETTER OF AUTHORIZATION RE: Premises, Aquaview Avenue, East Marion, NY SCTM #1000-22-2-6 I, PAUL T. BETANCOURT, HEREBY AUTHORIZE GARRETT A. STRANG, ARCHITECT TO ACT ON MY BEHALF WHEN MAKIlqG APPLICATION TO THE UNITED STATES OF AMERICA, STATE OF NEW YORK, SUFFOLK COUNTY, TOWN OF SOUTHOLD OR ANY OTHER GOVERNMENTAL AGENCY IN CONNECTION WITH THE ABOVE REFERENCED PROJECT. ~. ("x' PAUL T. BETANCOLrRT Sworn to before me this I(~ Dayof .f~pr.] ,2008 Notary Public State of New York DEBRA FRAN BAKER Notmy Public, 8tete of New York No. 01BA6125569 Qualified in King County Commission EXplrss April 18, 20 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork. net PERMIT NO. Expiration ,20 BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? BLDG. DEPT. TOWN oF soutane Bom'd of Health 4 ~t~ of Building Plum Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Treste~s Flood Permit Storm-Water Assessment Form Contact: Mail to: /_- APPLICATION ~OR BUILDING P~ Date ,AY/~dO.~7-~ ~-~ ,20~ INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accarate plot plan to scale. Fee according to ~chedule. 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 montl~ atter the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other reguiafiom 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 cfa 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 heroin described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing cod,~and regulations, and to admit authorized inspectors on premises and in building fo / (Signature of applicant 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 owner of premises ~ UC ~ Zr-¥~7~,~ -ff ~'_~,O-,t~~--~' (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer CName and title of~orporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License 1. Location of land on which proposed work wjtll be done: House Number Street Hamlet County Tax Map No. 1000 Section Subdivision '" ..... ~': AUG,D,)UO::IqU~ t41 I~I::/IJAUD ~.0.~ .0~ VOH ~IFIX~ L ct ' Lot 2. State existing use and occupancy of premises and intended use and occupancy of propo_sed construction: a. Existing use and occupancy ~'~-/z,,,~'¢~ ~,~-2/c~,, b. Intended use and occupancy ~...~..~ ,,~ ~ 3. Nature of work (check which applicable): New Building. Alteration Addition Repair Removal Demolition Other Work ........ (Description) 4. Estimated Cost --~ ~ ~ Fee ~ f ; ~ ........-..~. c .::: ~To be paid on filing this application) 5. If dwelling, number of dwelling umts ~ ,'¥~ | N~e~o~d~.llin~.0nits on each floor Ifgarage. numberofcars ~,,~,,,~,~j 01.~I~1~¢11~ ~ii'. 6. If business, commercial or mixed occupancy~ specify~.a'.tu~..re, vd, ,~.t.~ent of each type Of use. 7. Dimensiousofexistingstmctures, ifany:Front .~-'~ ~ ~ Kear .~5%f ~ Depth 2~ ~ Height. ~-4-- Number of Stories I t/c--- Dimensions of same structure with alterations or additions: Front 0'--/ Rear , ~/ Depth ~ ~ Height .~ ~ Number of Stodes Z 8. Dimensions of entire new construction: Front Height Number of Stories 9. Size of lot: Front / ~ Rear t~ ~ 10. Date of Purchase ~/~ ~ Name of Former Owner Rear .Depth Depth l 1. Zone or use district in which premises are situated /~ - ,~t9 ,~,~/~' ~.~,-~'/.~ t_ 12. Does proposed construction violate any zoning Iaw, ordinance or regulation? YES ~NO 13. Will lot be re-graded? YES__ NO ~Will excess fill be removed from premises? YES ~No 14. Names ofOwnerofpremiseS l~r';~,~c~-d-r 7"Address ~,,c,~Cc.F,o /~J~PhoneNo. "7/~ '~;~- NameofArchitect ~7",,'z-.4-t,~. Address -'~,~.,r'-~ ,,t,,,~ PhoneNo Name of Contractor /b,,rr" _..~ ~_-r.~c,~. Address / PhoneNo. 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 ofatidal 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 at any point on property is at 10 feet or below, must provide topographical data on ~p~ey. 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 .5'~'F~c g~) ~J~.,~ ,*.~,~ ~r.~7~/~..~T'~-~.4 ,~'. being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (Contractor, Agent, Corporate OtT~ce~, etc.) of said owner or owners, nad 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 peffonned in the manner set forth in the application filed therewith. TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER FORMER OWNER \"'-'"/I_AND / AGE NEW Farm Tillable' '1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot SEAS. VL IMP. 2 ~¢'oc,'~~ ~/ NORMAL Acre TOTAL 8'0o0 FARM DATE BUILDING CONDITION BELOW Value Per Acre VILLAGE COMM. REMARKS DISTRICT SUB. LOT ACREAGE TYPE OF BUILDING /4~/' ABOVE Value ;xtension I :xtens~on ~' . ~-'~ 2q :~ ~ ~ f ~arage I r? Bath Foundation Basement ~ ~ F:~k.]~ Floors Fire Place ~'~ Porch Porch Patio -Driveway . Interior Finish Heat Attic Rooms 1st Floor Rooms 2nd Floor BOARD OF SOUTHOLD TOWN TRUSTEE~ SOUTHOLD, NEW YORK PERMIT NO. 6972 DATE: OCTOBER 15~ 2008 ISSUED TO: PAUL T. BETANCOURT PROPERTY ADDRESS: 1825 AQUAVIEW AVENUE~ EAST MARION SCTM# 22-2-6 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustaes adopted at the meeting held on October 15. 2008, and in consideration of applicatinn fee in the sum of $500.00 paid by Paul T. Betancourt and subject to the Terms and Conditions as stated in the Resolution, the Southuld Town Board of Trnstaes authorizes and permits the following: Wetland Permit to construct alterations and additions to the existing single- family dwelling including new garage and swimming pool with terrace at grade, with the conditions of a line of staked hay bales and silt fencing installed prior to construction, the installation of gutters, leaders and drywells to contain roof runoff and in accordance with Chapter 236 of the Town Code-Storm Water Runoff, the driveway is to be pervious, the extension be brought back or not extend any further than the existing structure, and as depicted on the site plan prepared by Garrett A. Strang, Architect, last dated October 27, 2008, and received on October 27, 2008. 1N WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. Absent TERMS AND CONDITIONS The Permittee Paul T. Betancoun. residin~ at 69-17 Shore Road, Apt. 6B, Brooklyn, New York 11209 as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Perrnittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. .J ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3-30-09 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP #6294 BETANCOURT, P.T. #386 $600.00 REC£1~I) MAR 3 ] 2009 Soutl :old Town Clerk TOTAL $600:00 Sent via Inter-Office to Town Clerk by: .pmk Thank you. OTown Of Southold P.O Box 1179 Southold, NY 11971 Date: 03/31/09 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees ReceiptS: 44398 Reference Subtotal 6294 $600.0O Check#: 386 Total Paid: $600.00 Name: Betancourt, Paul T 6917 Shore Road Brooklyn, NY 11209 Clerk ID: CAROLH Internal ID: 6294 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville April 1, 2009 Zoning Appeal No. 6294 Transmitted herewith is Zoning Appeals No. 6294 of Paul T. Betancourt - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, LWRP Consistency Assessment Form, 2 Pages of Transactional Disclosure Form, Agricultural Data Statement, Cover Letter from Garrett A. Strang, Architect Explaining LWRP Consistency Assessment Form, Authorization Letter from Paul T. Betancourt to Garrett A. Strang to Represent him in this Matter, Application for Building Department with Disapproval Dated 3/24/09, Notice of Disapproval Dated March 24, 2009, Copy of Property Record Card (Both Sides), 3 Pages of Photos of Property, Board of Southold Town Trustees Wetland Permit//6972 Dated October 15, 2008, Copy of Site Plan Showing Existing & Proposed Construction, Copy of Survey Showing Property as it Exists Dated March 24, 2008 Prepared by Peconic Surveyors, P.C., Copy of Elevations for Proposed Construction Dated March 26, 2009 Prepared Garrett A Strang, Site Plan with Key Map Showing Site Data Proposed Construction Dated March 19, 2009 Prepared by Garrett A Strang. #9646 STATE OF N~ YORK) ) SS: COUNTY OF SUFFOLK) BOARD OF APPF. AL~ Karen Kine of Mat~ituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published et Matt{tuck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 11~ day of ~ Principal Clerk Sworn to before me this #9546 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) t~0V 2. 0 2009 Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 12th day of November, 2009. Principal Clerk Sworn to before me this day of/~//,~ _f/.~-~, 2009. NOTA~',' PUBLtC-STATE OF NEW yORK ~,~o. 01-V06105050 · - ~ffolk County s February 28, 2012 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 3, 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Seedon 267 of theTown Law and Town Code Chapter 280 (Zoning),Town 9f Southold, the following public hear- lngs will be held by tile SOUTHOLD TOWN ZONINg BOARD OF AP- PEALS at the Town Hall. 53095 Main Road. Et. Box 1179, Southold, New York 11971~959, on THURSDAY, DE- CEMBER 3, 2009: 9'30 A.M. JOSEPH LOGAN and KELLEy WALKER g6~L Location of Property: 1110 Orchard Street Ori- ent, ot containing 16,464 square feet. Requested are Variances from Code Sections 280-I5C and' 280-124, based on an application for a building permit to construct: (a) additions to the dweil- in~, (b~ a new accessory garage, and (c) swunmmg pool, and the Building Inspec- toffs July 30, 2009 Notic9 of Disapproval which states the new construction is not permitted for the foilowing reasons: 1) Additions to the accessory garage result in a size that exceeds the code- limitation of 660 square feet, and 2) Additions and alterations are pro- posed in excess of the 20% code limita- tion for all construction areas. 9'.40 A.M. JOYCE ORRIGO g6332. Location of Property: 66425 C.R. 48 a/k/a North Road), Greenport. Tdis is a request for a Waiver under Code Ar- ticle II, Sections 280-12 (as amended) to unmerge land identified as SCTM #1000-40-2-12, based on the Building /nspector's Augnst 4 2009 Notice of Disapproval citing Zoning Code Section 280-10A, which states that the noncon- forming lots merged until a total lot size conforms to the current bulk scbedu[e (minimum 40,000 square feet m this R40 Residential Zone District). 'Dais land merged with the adjacent property to the west identified as SCTM #1000- 9'.55 A.M~ JOHN and LINDA SCO- PAZ ~6329. Location of Property: 6300 Indian Neck Lane adjacent to Little Neck Bay (a/k/a Hog Neck Bay), Pecon- lc; CTM 86-7-2.1. Requests for Variances from Code Sections 280-14 and 2~0-116, based on an application for a building permit for an addition and alterations to a dwelling and the Building Inspec- toffs July 22, 2009 Notice of Disapproval stating that the new construcQon is not permitted bemuse the setbacks are pro- posed at: (a) less than the code-required mini- mum of 75 feet from a bulkhead, (b) less than the code-required mini- mum of 20 feet on a single side yard, (c) less than the code.required mini- mum of 45 feet for combined side yams, and (d) less than the code-required mini- mm of 75 feet from the rear property line. 10:IS A.M. PORT OF EGYPT EN- TERPRISES BY WILLIAM LIEB. LEIN g62~. Request for Variances from Code Sections 280-56 and 280-116, based on an application for a building permit and the Building Inspector's July ~7, 2009 Notice of Disapproval concern- ing addition/alterations proposed to a (restaurant) building, which new con- struction is proposed: (1) at less than the code-requked minimum of 75 feet from a bulkhead adjacent to Southold Bay, and (2) at le~s than the code-required mini- mum of 35 feet from the front yard lot line, at 62300 Route 25, Southold; CTM 56-6-6.1. Zone District: Marine M-IL 10'30 A.I~L HIGHLAND HOUSE H, LLC ~6337. Requests for Variances from Zoning Code Section 280-14, for this proposed subdivision of property and proposed single-family dwelling. Based on the Building Inspector's August 31, 2009 Notice of Disapproval, the pro- posed conversion of the existing garage to a single-family dwelling is not permit- ted for the fulinw~ng reasons: (1) its size is le~s hah the code-required miniraum 'livable floor area of 850 square feet and (2) ts location is less than 60 feet from the front yard lot line· It is further noted that the proposed subdivision requires approval Rom the Southdid Town Plan- rfing Board· Location of P~oper~; Ocean View Avenue and Heathulie Avenue, Fishers Island, Town of Southold, NY; Suffolk County Parcel #1000-9-11-7.12. 10:45 A.M. MAGGI TRAVIS g6334. Request for a Variance from Code Sec- tion 280-124, based on an at~plication for a building permit for an as-built (porch) addition to a single-fumily dweiQng, and the Building Inspector's July 13, 2009, amended Notice of Disapproval stating the new construction is not permitted at less than the code-required minimum rear yard setback of 35 feet, at 700 Brown Street (and along 7th Street), Greenport; Carryover Hearings, continued from prior meetings and pending additional information: t'10 P.M.P. BETANCOURT ~294. 1'.30 P.M.M. and D. SOKOL [,6318. 1'.50 P.M. WILLIAM PENNEY (TIDy CAR) g 6319 and #6226. The Board of Appeals will hear all persons, or their representatives, desk° lng to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Fties are available for re~,iew during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at' (631) 765-1809, or by e;mail: Linda.Kowalski@Town. Southold.ny.us. Dated: November 6, 2009. ZONING BOARD OF APPEALS .. GERARD p. GOEHRINGER, .-~. .... CHAIRMAN BY ~A KOWALSKI 54375 Male-ROad (Office LocaBon) 5~095 Main Road (Mailin~fl3SPS) P.O. Box 1179 Southold, NY 11971-0959 9546-1T I1/12 FORTUNE FACSIMILE COVER SHEET 1271 ·Avenue of the Americas New York, NY 10020 Fax: 212-467-3246 FROM: DATE: FAX NUMBER: PbX ~00~/003 TO: The Town of Southold Bard of Appeals I own a property adjoining that of Paul T. Betancourt in East Marion. I am writing so support the application of Paul T. Betancourt for variances on his property at Aquaview Avenue in East Marion. Mr, Betancourt has always been an excellent neighbor. As a homeowner who loves the North Fork, Mr. Betancourt wants to invest in the future of the area by improving and upgrading his property. He should be given thc approval to do so. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box l 179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 30, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, JULY 30, 2009: 11:05 A.M. PAUL T. BETANCOURT #6294. Location of Property: 1825 Aquaview Avenue, East Marion; CTM 22-2-6 (adjacent to Long Island Sound). The applicant requests Variances based on the Building Inspector's March 24, 2009 Notice of Disapproval concerning an application for a building permit for the following proposed construction: 1. under Section 280-124 for proposed additions and alterations to the dwelling with: a) front yard setback at less than 40 feet; b) single side yard at less than 10 feet c) combined side yards at less than 35 feet; d) lot coverage exceeding the code limitation of 20% for lot coverage (based on a nonconforming 10,133 square feet of buildable area); 2. under Section 280-15 for swimming pool construction proposed in a side yard instead of a code- required rear yard (or code-required front yard for waterfront property). : 3. under Sec~0n 280-116A(1) for proposed additions and alterations to the dwelling a~ less than 100 feet from the top of the I~luff. The Board of Appeals wlil hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statemen~ before the conclusion of each hearing Each hear ng w not start earlier than designated above. Files are available for re,~iew during regular business hours and priorto the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town. Southold.ny.us. Dated: June 26, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 I~ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 29,2009 Re: Town COde Chapter 55 - Public Notices for Thursday, July 30, 2009 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before July 9th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this apPlication) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any publicor private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead,.. If you know of another address for a neighbor, you may want to send the. notice tO that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm, how arranqements were made in either a written statement, or durinq., the hearing, prov d n.q the returned letter to us as soon as possible; AND not later tha~.July 10m: ' Please eiiher mail Or deliver to our office your Affidavit of Mailinq (form enclosed) with parCel numbers, names and addresses noted, and furnish to our off/ce with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, pi.ease mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). TheSe will be kept in the permanent record as proof of all NOtices. 2) Not Later Jul~ 22nd: Please make arrangements to place the enclosed Poster on a signboard such as ~cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more, than 10 feet from the front property line bordering the street. If you border' more than one street or roadway, an extra sign is available for the additional front yard. Please. deliver or mail your;~-Affidavit of Postinq for receipt by our office before July 28, 2009. If you are not able t~b meet the deadlines stated in this letter, please contact us promptly. Thank you for your coope~tion. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. #9372 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) said Newspaper once each week for 1 16th day of Jul;,, 2009. Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in week(s), successively, commencing on the Sworn to before me this Principal Clerk day of (~ 2009 .... NO. 01-VO6105050 Qualified in Suffolk County Se~flo-nRequest for , Variance un~er 69-~K2. ,~o~¢ Distri~: A~I~rM- mumr~ry~setbaekof35~et; ~di~ppr°~M, con.ming ~ ~ho, of~ 1~ Aqu lng 1~ a~ 4,7~ ~ua~ f~t of build- m8 sm~e-famdy dwelhng, whi~ u~;] ~;a~nt'w ~g IM=~ ~d).~ [ ~e B~ bi Ap~a~ ~ hear ali' 15 July 2009 TO: The Town of Southold Bard of Appeals I own a property adjoining that of Paul T. Betancourt in East Marion. 1 am writing so support the application of Paul T. Betancourt for variances on his property at Aquaview Avenue in East Marion. Mr. Betancourt has always been an excellent neighbor. As a homeowner who loves the North Fork, Mr. Betancourt wants to invest in the furore of the area by improving and upgrading his property. He should be given the approval to do so. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: BETANCOURT, PAUL #6294 MAP #: 22-2-6 VARIANCES: SETBACKS, YARD, LOT COV. REQUEST: ADDITIONS + SWIMMING POOL DATE: THURS, JULY 30,2009 11:05 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicants) CTM. Parcel #1000~ .2 2, - .2. - ~ 'X AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) .%o~-**¢,~, /--~7/ , New York, being duly sworn, depose and say that: ,~ On the '"~-"¢ day of.-~'J~-'-/ ,2007, I personally mailed at the United States Post Office in ...k~ ~-,~¢LO , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll vedfied from the official records on file with the (~ AsseSSors,'or ( ) County Real Property Office' , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. / ..... (Signature) Sworn to before me this '~r~ day of q/g//-'/ ,200;) /(Notary public) Barbara A. Btrang NOTARY PUBLIC, New York No. 4730095 Qualified - Suffolk County Comm. Expires July 31 PLEASE list, on the back of this Affidavit or on a. sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. /,dy, ry /¢0// · Complete items 1, 2, and dso complete item 4 If Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mallpieca, or on the front if space permits. 1. Article Addressed to: 7009 0820 B. Received b J-~ Yes If YES, [] No [] Express Mail r-i Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deliver? (Extra Fee) r3 Yes 0001 7821 1143 ~ PS Form 3811, February 2004 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: fo,vI ,-/ 2 7009 0820 0001 7821 PS Form 3811, February 2004 A. Sign'atum 3. ice Type ~ed Mall [] Express Mall [] Registered [] Return Receipt for Merchandise [] insured Mail [] C.O.D. 4. Resflfoted Dellve~r? (Extra Fee) [] yes 1037 , · Complete items 1, 2, and 3. Also complete item 4 if Restricted Deliver/Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpisoe, or on the front if space permits. 1. Adick~ Addressed to: 2. 7009 0820 0001 7821 t136 PS Form 3811, February 2004 B. Received by. Printed Name) C. Date of Delivery D. lsdelive~jaddre~edlfl~erentfmmlteml? [] Yes if YES, enter delivery address below: [] No n Express Mail r-i Reg~tered [] Retum Receipt for Memhandlse [] Insured Mall [] C.O.D. 4. Restricted Deliver/? (Extra Fee) r-i Ye~ Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Artk;[e Addressed to: 2. A~ic~, 7009 r-i Agent [] Addressee Date of Delivery 0820 0001 JaiL?. [~ ~xpress Mall [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restdeted Delivery? (Extra F~e) [] Yes 7821 1075 ~ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: (Tran; 7009 0820 0001 A. Signature Date of Deliver,' [] No 1 R~ceipt for Merchandise [] rnsured Mail [] C.O.D. 4. Restricted Delivery? ,(Extra Fee) [] Yes 7821 1068 PS Form 3811, February 2004 Certified Fee r'l Return Receipt Fee (Endorsement Required) Restrk:ted Delivery Fee E:3 (Endorsement Required) nj ~3 Total Postage & Fees $ $1.22 $2.80 $2,30 $ 0971 r~- =o Pos~ae $ $1.22 0971 c~i~ed F~e $2.,80 'r/ 113 IAL USE nj $ Ce~fied Fee r-~ Return ReCeipt Fee r'~ (Endorsement Reqaimd) Restricted Deliver' Fee [~1 (EndorSement Required) nj Total postage & Fees $1.22 $2.80 $2,30 $0.00 ~.~ 0971 nj $1,22 0~1 $ $2.~0 ZONING BOARD OF APPEALS -TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Appli ~cant) AFFIDAVIT · OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as t000- .?.~ - .~ ~. COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at /'~ ~ o ~ ~. ~.7'/-'~'-'),/J '~/ , New York, being duly sworn, depose and say that: · On the /¢ ~'~"day of--Tc'/z- J ,200~), I personally placed the Town's official Poster, with the dote o[ headng and nature of my application '. noted thereon, Securely upon my property, located ten'(lO) feet or closer from · ' the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject headng date, which headng date was shown to be .~ (Signature) Sworn to before me this ,/~ 7'-~ daY of..7'-~'-]' , 200~_ (Notary Public)/~ Barbara A, 8trang NOTARY PUBUC, New York No. 4730095 Qualified.- Suffolk County Comm. Expires July 31, ~.~-4)/,o *near the entrance or driveway entrance of my properly, as ti~e area most visible to passersby. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road ~q/q0~ 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 April 3, 2009 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6294 Action Requested: Within 500 feet of: Owner/Applicant: Betancourt, P. Setbacks & Lot Size Variances (x) State or County Road (x) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 3, 2009 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Almex Southold, NY 11971 Re: ZBA File Ref. No. #6294 (Betancourt, P.) Dear Mark: We have received an application for construct additions and alterations to an existing single family dwelling and construction of an accessory in-ground swimming pool as detailed on the enclosed map. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. May we ask for your written evaluation with recommendations for this proposal, as reqmred und~ the Code procedures of LWRP Section 268-5D. Thank you. ~ Very truly yours, Gerard P. Goehringer Chairman Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin~ 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 April 3, 2009 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 1 10 Riverhead, New York 11901 Re: ZBA # 6294 Betancourt, P. Dear Sir or Madam: We have received an application for a project adjacent to a waterway, shown on the enclosed site map. The hearing on this application is expected to be held in approximately 3 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation land recommendations for this proposal. Thank you for your assistance. Very truly yours, Gerard P. Goehringer Chairman Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 24, 2010 Garrett A. Strang, Architect For: Paul T. Betancourt P.O. Box 1412 Southold, NY 11971 Re: ZBA # 6294 Dear Garrett: Transmitted for your records is a copy of the Board's March 16, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please feel free to call at any time. Encl. F.D. 26 1' I I 200§ T SITE TAX ~11 ~.t7 IBiS)RE RO~D~ ~rT. SB OWNER BUILDING AREA EXISTING House Shed TOTAL PROPOSED House Landing Pool TOTAL LOT COVERAGE GROSS Existing Proposed BUILDABLE LAND LANDWARD OF COASTAL EROSION HAZARD AREA LINE LOT COVERAGE NET ' Existing Proposed 840 sq. ft. 951 sq. ft. ,980 sq. ft. 72 sq. ft. 800 sq, ft. 2,852 sq. ff. 4.4 % 0.23 ACRES - 10,133 SQ. FT. 9.4 % 28,2 % MAR 2 6 2009 NOTE THIS SITE PLAN WAS PREPARED WITH INFORMATION TAKEN FROM A SURVEY MADE BY PECONIC SURVEYORS, P.C. SOUTHOLD, NY. DATED: AUGUST 31, 2006; COASTAL EROSION HAZARD LINE: MARCH 24, 2008 ALL ELEVATION AND COUNTOUR LINES ARE REFERENCED TO N.G.V.D. II / .iA J~,~.~, \ \\ I ~ =--- ~ 631-765- 5455