The URL can be used to link to this page

Home My WebLink About6348 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 RECEIVED , Tel. (631) 765-1809 Fax (631) 765-9064 M 30 i010 FINDINGS, DELIBERATIONS AND DETERMINATIOi~.~.:...,....~/,~),.) ..,~,~ MEETING OF MARCH 25, 2010 Soufhold Town Cler ZBA FILE 6348 NAME OF APPLICANT: Jane Harvey & Charles Curtis PROPERTY LOCATION: 3 Reservoir Road, Fishers Island, NY CTM 1000-9-8-3.4 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 November 13, 2009, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. 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 EXEMPT from LWRP costal consistency review requirements pursuant to Section 268-3. PROPERTY FACTS/DESCRIPTION: The subject property is an irregularly shaped, non-conforming 19,060 sq. ft. waterfront parcel in the R-40 District. The north-easterly lot line measures 186.03 feet along Reservoir Road, forming the boundary for the Applicant's front yard. The Applicant's rear yard lot line measures 66.71 feet adjacent to Silver Eel Cove. The property is improved with a two-story single family dwelling as shown on the site survey drawn by CPK Architecture, Engineering and Surveying, dated 10/22/09. BASIS OF APPLICATION: Request for Variances from Code Section 280-124,based on an application for building permit and the Building Inspector's October 30, 2009 Notice of Disapproval concerning proposed porch addition and alteration to a single family dwelling, (1) less than the code required front yard setback of 35 feet, at 3 Reservoir Rd., Fishers Island, NY. CTM: 9-8-3.4. RELIEF REQUESTED: The Applicant requests a front yard variance necessary to construct a 12 foot X 44 foot porch, by replacing and expanding an existing 8.5 foot X 44 foot deck with a new porch, proposed to be partly located in a non-conforming area of the front yard. The Applicant proposes to maintain an existing front yard setback of 25.2 feet, rather than the 35 feet required by Town Code, and the Applicant also proposes to create an additional +/- 6 sq. ft. of new non-conforming porch space within the front yard area. Page 2- Maxch 25, 2010 ZBA File#6348 - Harvey/Curtis CTM: 1000-9-8-3.4 at 3 Reservoir Ri, Fishers Island FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on Feb.25, 2010, 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: Town Law §267-bi3)(b)(1). Grant of the variance of will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Although a portion, [<100 sq. ft.] of the proposed new porch addition will be in the non-conforming front yard area, the largest potion, [>380 sq. ft.] of the 480 sq. ft. total porch area, will be within the conforming rear yard area. The non- conforming front yard setback will remain at 25.2 +- feet at the closest point to Reservoir Road. Lot coverage will increase from existing 8% to proposed 8.8%. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Replacing the existing deck with a porch requires a variance from this Board. Town Law §267-bi3)(b)(3). The variance granted herein is substantial, since it represents a 28+/-% relief from the Code requirement of a 35 foot front yard setback. Town Law §267-b{3i{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. The Applicant will provide a new 8 ft. X 6 ft. dry well for the house and porch storm water drainage, and the Applicant will also provide a silt fence backed with hay bales during construction, as noted on the site plan survey drawn by CPK Architecture, Engineering and Surveying, dated 10/22/10. Several neighbors adjacent to the Applicant's property have submitted letters of support for the Applicant's proposed porch construction. Town Law §267-b{3)ib){5). The difficulty has been self-created because the Applicant requests to expand the porch into a non-conforming area in the front yard. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a porch partially located in a non-conforming front yard, 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 Horning, seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the site plan survey prepared by CPK Architecture, Engineering and Surveying, and dated 10/22/09. 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 or 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. Page 3- March 25, 2010 ZBA File#6348 Harvey/Curtis CTM: 1000-9-8-3.4 at 3 Reservoir Rd., Fishers Island Vote of the Board: Ayes: Ail. Members Weisman (Chairperson), Dinizio, Goehringer, Homing, Schneider. This Resolution was duly adopt . /~ ~_ Leslie Kanes Weisman, Chairperson Approved for Filing: ~/ q/2010 MAR 3 0 2010 Southold Town Clor~ REQUIRED = 1650 SF' X 2/12 = 275 CF BOARD OF APPEALS 275 CF / 50.27 CF/VF = 5.~7 VF . ~.~.~ RESERVOIR ROAD P~PE / PARKING ~0~ ~D R~ ~ ROOF AREA (EXISTINC, HOUSE AND NEW PORCH) = 1650 SF USE ONE (1) - 8'¢ X 6' OEEP DRY WELL. DIA. X 6' DRY ~ FOR HOUS[ AND PORCH STOR~ W^'IER LAWN AREA / PARKING / / AREA / ( / '-, / EXISTING 1/2 STY. / HOUSE 1170 S.F. NAIL IRON PIPE PROVIDE SILT FENCE: BACKE~ ~TH HAY BALE:S- MAINTAIN THROUGHOUT CONSTRUCTION (S~ K'r,~L) IRON PIPE LAWN AREA PIN IRON PIN NOT TO SCALE 20 10 0 2O GRAPHIC SCALE IN FEET DATE I o9/22/o9I 10/12/09 10/22/09 REVISIONS DESCRIPTION ADDITIONS ADDITIONS ADDITIONS DATE: NOVEMBER SCALE: 1" = 20' SHEET 1 OF 1 17, 1997 FABRIC EACH B LE FABRIC PIPE 1.) TAX REFERENCE: DIST. LOT 5.4- 1000, SEC. 009, BLOCK 8 2.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST & GEODETIC SURVEY TRIANGULATION STATION "PROS". TOTAL AREA = 19,060+ S.F. AREA OF UPLANDS- 18,700+ S.F. 4.) EXISTNG % OF LOT COVERAGE- 8% PROPOSED % OF LOT COVERAGE- 8.8% SURVEY MAP PROPERTY OF CHARLES M. CURTIS &: JANE W. HARVEY RESERVOIR ROAD FISHERS ISLAND, NEW YORK ~1 ~' CHANDLER, PAI,.M~'I'~ & KIN(~ W · ~ Architecture, Engineering and Surveying FINAL MAP REVIEWED BY ZBA SEEDECISION # ~Z9~ UATED / I ~/~ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT NOTICE OF DISAPPROVAL RECEIVED NOV 01 200 BOARD OF APPEAL~ DATE: October 30, 2009 TO: Patricia Moore for J Harvey & C Curtis 51020 Main Road Southold, NY 11971 Please take notice that your application dated October 20, 2009 For a permit for a porch addition to a single family dwelling at Location of property: 3 Reservoir Rd., Fishers Island, NY County Tax Map No. 1000 - Section 9 Block 8 Lot 3.4 Is returned herewith and disapproved on the following grounds: The construction of a porch addition on a non-conforming 19,060 sq. ff. parcel, is not permitted pursuant to Article XXIII Section 280-124 which states: 'q'his section is intended to provide minimum standards for granting of a building permit for the principal buildings ofiots which are recognized by the town under 280-9, are nonconforming and have not merged pursuant to 280-10." Lots measuring less than 20,000 shall have a minimum front yard setback of 35 feet. The survey indicates a proposed front yard setback of 25.2'. / Authorized Signature ~ 5 Town Hall Annex ~j ~'{_~ 54375 State Route 25 · /' (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MA1LING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Town of Southold Zoning Board of ~Ap/j~s From: Mark Terry, Principal Planner --~'~ LWRP Coordinator Date: February 8, 2010 Re: ZBA File Reference No. 6348 Harvey SCTM# 1000-9.-8-3.4 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 EXEMPT from LWRP coastal consistency review requirements pursuant to § 268-3. Definitions. Minor Action, item F, which states. F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; fAmended 6-6-2006 by L.L. No. 7-2006/ Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney ~ ~'~ ~.! ~-/z-/ ~--~ 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 Goehringer, Chairman Dear Mr. Goeringer: November 13, 2009 NOV 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 Martz, Theodore C. Jr. Garipian, Kamick & Haci McElroy, Bryant & Mercy Witzke, William & Patricia Curtis (Charles M.) & Harvey (Jane W.) Municipal File Numbers 6344 6345 6346 6347 6348 TRK:ds 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 8100 (631) 853-8101 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853.-4044 ce Notes: House No. 3 Street Reservoir Road SCTM 1000 Section_9 Block~8 Lot(s). 3.4 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Filed By: Date Assigned/Assignment No. RECEIVED OCT 7 BOARD OFAPPEALS Hamlet Fishers island Marion Lot Size 19,060 sq.ft. Zone R-40 I {WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ! c~,/3e/t~/ BASED ON MAP 11/17/97 amended 10/22/09 Applicant(s)/Owner(s): Charles M. Curtis and Jane W. Harvey Mailing Address: 1620 E. Highland Drive, Seattle, WA 98112 Telephone: 1-917-796-7920 Fax #: Emaih pcmoorel(~optonline, net NOTE: In addition to the above., please complete below if application is signed by applicant's attorney, agent, architect, builder, contract for ( X ) Owner, or ( ) Other: _ Emaih _pcmoorel ~optonline.net vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax#: 765-4643 Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED November 17, 1997 amended 10/12/09 and DENIED AN APPLICATION DATED 10~0/09 FOR: E Building Permit [3 Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [3 Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) XXlll Sec 280-124 Front yard setback Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other RECEZVED 2 ? 200 ,V, BOARD OF APPEALS A prior appea~nas ~.:~has not been made at any time with respect to this property, UNDER Appealino. Yea r_ (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Charles Curtis & Jane Harvey ZBA File # ~(~ REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: This is the owner's vacation home. The existing deck is to be reconstructed and the owner wishes to roof over the deck due to the summer heat which makes the deck unusable in the summer. The deck is to be extended by two feet to accommodate standard sized outdoor deck furniture and make deck more functional. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The deck addition to the existing house can not be located in any other location than the back of the existing house, which beca use the house is at an angle, requires a front yard variance. The house is angled and the deck and roof are in line with the existing house. Thc addition and roofa re all more than 100 feet from the wetlands. (3) The amount of relief requested is not substantial because: The existing houses remains, as is, on Reservoir road and the existing deck will be replaced with a covered porch. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The deck replacement with a covered deck is a minimal improvement, the house will have roof drainage and is more than 100 feet from wetlands. (5) Has the alleged difficulty been self-created? )Yes, or (X)No The house is preexisting nonconforming Are there Covenants and Restrictions concerning this land: XNo. ~ves (please furnish copy). 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. Chech this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorn~ Si~m'~of Appellant or Authorized Agent ~f--/~'-~t (Agent must submit written Authorization from Owner) Sworn to before this day of O~'7..200c] . MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, O~ O / I APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Charles Curtis & Jane Harvey Date Prepared: October 21,2009 I. For Demolition of Existing Building Areas Please describe areas being removed: existing deck II. New Construction Areas (New Dwelling or New Additions/Extensions): reconstruction of deck with extension and covered with roof From Surveyor: 8.5' (north dimension) x 4.5' (south dimension) x 44' long = 326 sq.ft. Proposed: 12' (north dimension) x 8' (south dimension) x 44' long = 480 sq.ft. Dimensions of first floor extension: deck extended by 4.5 feet 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 no change If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: deck addition to existing dwelling Number of Floors and General Characteristics BEFORE Alterations: same Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): House and deck 8% Proposed increase of building coverage: existing deck: 326 sq.fl. Proposed: 480 sq.ft. Square footage of your lot:__19,060 sq.ft. Upland 18,700 sq.ft._ Percentage of coverage of your lot by building area: V. Purpose of New Construction Requested: extension to deck and New roof over deck 8.8% (.8% change) VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): house is angled and the deck addition does not comply with the front yard setbacks Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Charles Curtis & Jane Harvey__ 1000-9-8-3.4 Is the subject premises listed on the real estate market for sale? Yes XNo Are there any proposals to change or alter land contours? E No [] Yes, please explain on attached sheet. RECEIVED 2 7 2009 ,3OARD OF APPEALS I ) Are there areas that contain sand or wetland grasses? e~_ 2) Are these areas shown on the map submitted with this application? eves 3) Is the property bulkheaded between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? yes. Please confirm status of your inquiry or application with the Trustees: more than 100' from wetlands and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?, no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? No (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? no lfyes, please label the proximity of your lands on your map with this application· H. Please list present use or operations conducted at this parcel house with deck. and proposed use covered deck (ex~i~g: single-family; proposed: same with garage or pool, or other description.) Attfhovizeff'§ignature and Date 2/05; 1/07 817.20 Appendix C Stat~l~nvironmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM RECETVED OCT 2 ? For UNLISTED ACTIONS Only BOARD OF APPEALS PART I - PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 3. pROJECT LOCATION: ~ ~O'~ ~/ Munici~l~ ~, 4. PRECISE LOCATION (Str~ addr~ a~ r~d Inte~t~ns, pr~inent landmass, etc., ~ pro,de ~p) 5. PROPOSED ACTION IS: [] New [] Expansiom [] Modificatio~dait eration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNTOF LANDAFFECTED: Initially · ~;~ acres Ultimately acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] yes [] NO If NO, de.be bliefly WHAT IS PRESENT LAND USE '" VICI"ITY OF PROJECT? [] [] Describe: [] Agriculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes ~ No If Yes, list agency(s) name and permit/approvals: tl. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] yes [] No If Yes, list agency(s) name and perm~approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DY.. I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BE, ST OF MY KNOWLEDGE S~t~e: , I If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with is assessment I OVER 1 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 II Yea, co(mJinate the review pruceas and u~e the FULL EAF. E. WILL ACTION RECEIVE GOOAtJINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a nagetlve declaration may be ~upe~eded by ancther invcived agency. DY" DNo C. COULD ACTION RESULT IN ANy ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Anawem may be handwritten, If lagit~) Cl. E~ air quality, su.'fana o¢ groundwater quality or quantity, nolte levels, e~oting baff~c pattern, ~ wss~e production or di~ucsa~, I~lantlal for ero~l, drainage or Iloodil~ prot3~em~? Ex.in bdefly: C2. Aeathe~c, agricultural, arch~cal, histsnc, or other natural or cultural resources; or community or neighbodxx~ characfat? F-x~atn b~iefty: c3. Vegetation or fauna, §sh, ~elifish or wildlife species, slgblrmant habitats, or threatened o~ endangered species? Explain briefly: C4. A communitT's e)dsting piens o~ goals as (fl~-Jally adop~nd, ~ · change i~ use o+' iNer~sity oi' use ~ land m' o~ha~ natural resources? E~3laie bde~7: C5. Growth, subsequent develapment, or related activities likely to be induced by the proposed action? Explain bdefly: C6. Long term, short term, cumulative, o~ other effects nal identified in Cl-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy? Explain briefly: RECE~'VED OCT 7 BOARD OF APPEALs D. WiLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No I1' Yea, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yea [] No .yea, ~in PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) I INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or othelwise significanL Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) iffeversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If qusstion d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check tbls ~ if you have identified one or more potenbally large or mgm§cant adverse ~mpacts which MAY occur. Then proceed directly to the FULL and/or p~epare a positive declaration. Chec. k this box If you have delermined, beead on the information and enalysis above and any supporting ducumentafion, that the proposed action WiLL NO1 result in any s~gnirmant adverse environmental impacts AND provide, on altachments as necessary, the reasons suplx~ting this detem3inalkm. Name bi' Lead Agency Print or Type Name of Respo~sibie Off. er i~ Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Respo~sib!e Signature of Preparer (If different from responsible officer) APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER andOWNER'S AGENT) RECEZVED 2 7 BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Charles Curtis & Jane Harvey and PatriciaC. Moore Esq._ (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company, If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner &greater than 5% &the shares of the corporate stock &the applicant (when the applicant is a corporation); B) the legaI or beneficial owner &any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this~ .~'~day of ~F~ ..~aq Signature:~_L4~, (/~'~. Print Name: ~ ~[~/~ Charles Cuflis & Jane' Ha~ey~ Patricia C. ~o~e. ~'"' ~ ....... WI~EN TO 'U~E THI, ,~ FORM: The form must be eomp~ed b~ ~te ~p~t for p~n ~pr~ 't~e v~,,.or subdiv~n ~pr~ on prope~ w~ ~ a~!tu~ ~ OR W~ SO0 feet ~f ~ ~ O~n ~ ~.~ ~ A~ ~p~o~ ~ S~t ~ b~ r~r~ ~ ~ Suff~.~ D~tm~ of P~n~g ~ ~o~e ~ se~ons 2~ 2)~d~of~i~ ~'~w ~.~, ~. 3) N~e of La~'~g O¢o~ ~ ~pE~t) .: ' ~ ' ' 4) Ad.ss of~O~ L . .~,,. .... · --:. · , ~t~i~'q.', '~Si'd~ ' · ' ' ~a6on(s) 'l~t~ 5~' f~t 6f ~e ~d~.of.~ ~ ~j~t. (~fo~d~ ~ he a~lable ~h : · ¢ To~ A~som O~,.To~ ~1 I~afi~ (765-1937) o~. ~m ~y public co~ at ' "" ' ':~dr~' '(:Please us~ 5ack ride ofpag~ if ~:ore Ill ,i~ six pmp~ ~ ~ i~. . (/~.~_.T., ,,'.. ,.. /~ /~/~7 ' ' · '.. ' ' ~ of Applier ' Da~ '. N~: on ~'r ~ o~ ~li~on ~[I be ~e~ ~l~a copy offs ~a~t ~ch ti~e ~g ~e ~li~on ig no~ ~mplete ~d c~ot ~ ac~ ~ by ~e bo~. 144~09 RECEZVED Ao LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS OCT 7 BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-9-8-3.4 OWNER:Charles M. Curtis and Jane W. Harvey 3 Reservoir Road, Fishers Island AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees __ Zoning Board of Appeals X 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) __ (b) Financial assistance (e.g. grant, loan, subsidy) __ (c) Permit, approval, license, certification: X Variance RECEIVED BOARD OF APPEALS Nature and extent of action: Owner wishes to reconstruct existing deck and add a roof over the deck. Existing roofed over deck extended by 4.5 feet. All structures more than 100 feet from wetlands. Location of action:3 Reservoir Road, Fishers Island Site acreage: 19,060 sq.ft. Present land use: existing house with existing deck to be roofed and extended two feet Present zoning classification: r-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Charles M. Curtis & Jane W. Harvey (b) Mailing address: 1620 E. Highland Drive, Seattle, WA 98112 (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. X Yes No Not Applicable Existing lot and house is preexisting nonconforming. The existing deck will be reconstructed and made two feet longer and roofed over Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No X Not Applicable land is not identified as area of Archeological Sensitivity or on the National Register on Map produced by NYS Dept. Of State, Division of Coastal Resources Policy 3. Enhance visual quality and protect scenic resoumes throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria X Yes No Not Applicable RECEIVED O£T 2 7 200 Lands adjacent to . .8OAmI~OFAppEAL~ Silver Eel Cove protected for both visual, economically prouucz~e'anu recreational resource. The existing house will only get a new deck and roof over the deck. ~(~,~. Drainage will be provided which prevents non-point source pollution, prevents flooding and erosion. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria X Yes No Not Applicable No effect on flooding or erosion. New roof over deck will allow for drainage. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria _Yes No X Not Applicable The deck and roof alteration does not increase living space. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. X Yes No Not Applicable Setback to wetlands is conforming. The Coastal Area Boundaries of New York State along Silver Eel Cove and Fishers Island Sound will not be affected because of mitigation measures implemented by standard permit conditions. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable Air quality will not be affected by residential use. Standard building codes compliance nrohibit degradation of air quality or emissions. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. X Yes No Not Applicable Solid waste is controlled through town-wide recycling, no hazardous substances proposed at site. Use of natural untreated materials {CCA is discouraged by Trustees) PUBLIC COAST POLICIES REC£ZVED Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, ~t~c~ ~ 7 2009 public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 t~ APPEA[~ for evaluation criteria. ~r ~.~ y~ __Yes XNo Not Applicable The parcel is private ownership WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No X Not Applicable Residential use of property on establish lot will not adversely impact Fishers Island coastline. Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. __Yes No _XNot Applicable, more than 100 feet from wetlands Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IlI- Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not developed for agriculture. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No X Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energ3' and mineral resources *copy of Town form created on 5/25/05 TOWN OF $OUTHOLD BUILDING DJEP~.T1VIENT TOWN ~L SOUTHO~D~ ~Y 11971 TEL: (631) 76~-1802 FAX: (631) 765-9~2 ' ~ ou~oldTo~.No~.~ork.~et · Approved , 20___ D~s.pproved~c ~ ~ Expiration 20_ =_ PERMIT NO. BUILDING ~MIT APPLICATION CHJ~Ct<LIST Bo~ of H~ 4 s~ ofB~g P~s S~ey Flood P~it S~rm-Water asessmm[ Fora Contac~ Phon~: B~filding Inspector ~STRUCTIONS sets or p~, ~ r ~ ~I, F~ ~o~g to sch~. b. Plot pl~ ~owtng localion of lei ~d of ~ildin~ ~ ~ses, ~]a~o~p to adjoining pr~s~ or public s~s or ~. ~e work cov~ by ~ apphcation may not ~ comm~e~ before ism~ce ~Buil~g d. Upon ap~oval or ~is app~a~on. ~e B~l~g ~e~or will issuw a Bufld~g PomtC to ~ apph~t. 8u~ a pe~it zMII bo kept on~ ~s~ ~v~l~lo for ~fl~ t~u~t ~e work. ~. No b~d~g ~h~I] b~ Ocapi~ or us~ h whole or in p~ f~ ~y put,se what so ov~ ~ ~e Building isaes a Ceg~le of O~upancy, ~ Ev~ ~il~ng p~it s~ ~xp~ if ~e work au~o~ h~ not cmm~d within 12 m~s ~er ~c date of issu~ee or ~s not be~ c~pl~d ~n 18 mon~s ~om $tloh ~te. If no zO~g amen~nts or oth~ reg~o~ ~e~ng prop~ have ~ Cm~ ~ the ~ter~, th~ B'~ld~g ~speetor may auto,e, in ~, ~o emion of ~e p~t for ad~tion six mon~. Th~a~. a new ~t sh~l ~ mquked. ~PLICATiON IS W~BY M~E to ~e Butl~ng Dop~t tbr ~e iss~e o~a Building P~t ~s~nt Bufld~g ~no O~insncB of the Town of Sou~ol~ Suffolk Count. N~ York. and o~ appli~ble ~s. O~inanc~ or Reliction. for ~e ~nstm~tion of buildings, additions, or alt~ons or for ~oval or d~olttton ~ h~ descNbed. The apphc~t a~s to comply with ~1 applicable laws, ordinances, building code, hous~g ~c~la~o~, ~d ~ ~t au~o~ ~p~ors on pr~is~ and ~ buil~ng for ncc~ss~ ins~otlons, ~-~- ($1gna~e of~lieat or name, ~a ~o~ra~on) S~ie whe~ applic~t i's om~, I~soe, agar, ~chlt~t, en~n~, g~al contour, ol~an, pl~b~ or b~ld~ (As on ~e ~ mil or latest de~) If applic~t is a ~om~on, si~at~ of duly au~o~ (Name and title of corporate officer) Builders License No. Plumbers L/censo No. Electricians License No. Other Trade's L/cerise No, Location of land on which propos*d work will be done: House Number Strcel I-I anul et County'Tax Map No. 1000 Section· ~'~;~ Block ~ Lot ~,~o ~Z Subdivision Filed Map No. ~.ot State existing usc and occupmucy emJscs e.ud,inte,~ded usc and occupancy of proposed consb-uc~'fion: a_ Existing us~ and ocpupancy ~ ¢~- b. Intended uss ~ua 3. Nature of work (oheck which applicable): New Building_ ..... Addition l~ep air Removal Demolition ,Other Work 4. Estimated Cost Fee 5. If dwelling, number of dwelling units If garage, number of cars Alteration (Desaription) (To be paid on filing this application) Number of dwelling ,ani~ on each floor If business, commercial or mixed occupancy, specify nature and extent of each type of L~e. Dimensions of existing structures, if any: Front R. ear Depth Height - Number of Stories Dimensions of same structure with alterations or additions: Front Depth Height_ Numbero~t~dtiL~ ~['/ I~ 7'~ : -' ' -- Height Number of Stories ['~'; i -- Size of lot Front Rear Depth ~ L ..... --~ . - J '. Naznc ofForxn~r Owne~ 1 0. Date of Purchase ] 1. Zone or use district in which premises axe situated 12. Does proposed consU-uction ¥iolat~ any zoning law, ordInance or regulation? YHS NO 1 3. Will lot bo x-c-graded? YES __ NO__Will e~cess fill be r~moved ~om premises? Y]~S NO 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address .Phone No Address .Phone No. 15 a. Is this property w/thin 100 fewest ora tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOVv-N TRUSTEES & D.E.C. PERMITS MAY BE REQUIP~D. b. Is tl~s property w/tbi~ 300 feet ora tidal wetland? * YES NO * IF YES. D.E,C. PERMITS MAY BE REQUIRED. I6. Provide survey, to scale, with accurate foundation plan and distances.to property lines. $(o~ff 1 7. If el~vati0n at any po/ut on property is at 10 feet or below, must provide topograph/c~l data on surv~C/l~ED 18. ,~'e th~ro any covenants and restr/ctious with respect to this property? .* ~('ES NO * IF Y3ES, PROVIDE A COPY. NOV 01 2009 STATE OF NEW TOP. I() BOARD OFAPPEALS , SS: CO olcry,~,~ or~ fc.C~__ (~t/~O--t.~ being d~y sworn, ~o~ ~d ~ame of~di~d~ ~ug ~ct) abo~ named, CONNIE O BUN~ (S)Hc is ~c ~ No O1BU61~050 ] Agen~ Co.orate O~c~, etc,) of said owner or owners. ~d is duly aulho~ to ~rfo~ or have par~o~ th* ~id wo~ and to make ~d ~ ~s application; that all stat~en~ cont~n*d ~ ~is applica~on ~e ~ to ~* best of~s ~owl~e ~d perfom~ in th~ m~er s~ fo~ ~ the application filed ~ewith. Sworn to before ~¢ ~is -- . or Not~ Public ~ Si~at~e of Applier AUTHORIZATION RECEIVED 8OAreD OF APPEA[~ To: Southold Town Zoning Board Southold Town Building Department Any and All State, County, Local agencies, as necessary Re: 3 Reservoir Road, Fishers Island, NY SCTM #1000- ,~- ?- ~3, ~/ The undersigned hereby authorizes my attorney, Patricia C. Moore, to submit any and all applications which may be required in order to obtain a building permit to construct the proposed covered deck to a residence on the above referenced parcel. ¸/7 J.F/ne Harvey and Charles~s Curtis ~ Reservoir Road Fishers Island, NY 06390 No Z-22293 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY Date APRIL 28r 199~. RECEZVED NOV OI 200 BOARD OF APPF_.AL~ THIS CERTIFIES that the buildin~ ADDITION Location of Property RESERVOIR ROAD House No. Street County Tax Map No. 1000 Section 9 Block 8 Subdivision Filed Map No. FISHERS ISLANDe N.Y., Lot No. conforms substantially to the Application for Building Permxt heretofore filed in this office dated NOVEMBER 8r 1979 pursuant to which Buzlding Permzt No. 10521-Z dated DECE~BF~ 17~ 1979 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued Ks DECK ADDITION TO DWELLING "A" AS A?~RB FOR. The certificate is issued to ~0uNsEw?.~ Sc~am~ (owner) of the aforesaid buxlding. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERgIFICATION DATED Building Inspec~6~ ' Rev. 1/81 TOWN OF SOUTHOLD PROPERTY RECORD CARD S W OODE DATE ~CEIVED Tillable FRONTAGE ON WATER ~,~/ W~land ~ FRONTAGE ON ROAD I ~ Meodowland DE~H Hou~ Plot ..... BULKH~D. Total · BOARD PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765 -4643 RECEIVED February 4, 2010 Attn: Leslie Kanes Weisman, Chairman Town of Southold Zoning Board of Appeals Main Road PO Box 1179 Southold NY 11971 RE: Jane Harvey and Charles Curtis #6348 PREMISES:3 Reservoir road, Fishers island SCTM: 1000-9-8-3.4 Dear Ms. Weisman and Board members: With reference to the above, my client has provided additional requested information and I am enclosing 7 copies. Please make this a part of our application. If you need anything else please do not hesitate to contact me. Va~tr~truly y°ursI PCM~ encl~Y. 64-9 88 5622.8,3 IRON PtPE DECK TO BE REMO'CED AND REPLACED S 59°'i3'00' E 178.00 - / / PARKING / / / / AREA / / % / AREA -H / '., / %COVERED EXISTING ~/~ s~Y. HOUSE AREA ¢ / _:¢¢ . <o~ ~' 6~ ~% ~ ' REVISIONS ~~ ..... IRON Pl~ '~ The Barrels 83 Church Street 012 Winchester, MA 01890 February 4, 2010 Ms. Leslie Weisman, Chairperson and Board members, Southold Town Zoning Board of Appeals Town Hall, 53095 Route 25, P.O. Box 1179 Southold, NY 11971 Respected Board Members, We are writing to express our support for the application by Charles Curtis and Jane Harvey for a variance to permit renovation of the porch on their house on Fishers Island. We own the property to the northeast of the Curtis/Harvey's and own Reservoir Road, running adjacent to their property. The renovation of their porch will improve the appearance of the neighborhood and will not adversely impact the safety or utility of the common road serving our houses. RECEZVED BOARD OF APPEAL~ RECEZVED OCT ~ ? 200~ BOARD OF APPEALS Q ~OUTH L'd 9~£~-0~L {90~) H ~uec pue s~n~ ~$T~eq~ d~:~O GO ~ deS ~OX~ OF ~PPE~L~ NOV 0 ! 2009 80ARD OF APPEALS NOV 0 1 2009 BOARD OF APPEALs · Apl~.al Ha 2700' Da~ April 30, 1980 ACTION OF ~ ZONING BO~RD OF ~ O~ THE TOWN OF SOUTHOLD To Richard F. Lark, Es.q. as attorney for Robert W. BrOOks Main Road, Box 973, Cutchogue, NY 11935 atmmeet~o£theZ~0ardc~Appea~on May 22, 1980,· ( ) . ~ m~au, Applicatlon of by Richard F. Lark, Esq., for a Variance to the Zoning 0rdi- nance, Article III, Section .100-31 for approval of insufficient area, width and .setbacks. Location of property: Winthrop Drive ~nd Reservoir Road, Fishers Island, New York; bounded north bY.Gada, e~% by Reservoir Road, south by Winthrop Drive ~.nd CleVeland, ~6~t by ~ilvsr Eel Cove; County Tax Map Item FORM ZB4 e°~o OF~))F~~ After investigation and inspection, the Board finds that applicant is requesting for the three proposed parcels, approval of insuffi~'ient area, 19,060, 14,617 and 15,151 square feet, and approval of insufficient width, 176, 58 and 138.94 feet respectively in order that applicant may proceed with an appllcation to subdivide the property into the three lots, ea6~ having an existing dwelling. Applicant is also requesting ~approval of the setbacks of the existing dwellings as they will be situated with the proposed lot lines. The Board ~inds thatthe existing dwellings were built prior to the' adoption of the Town zoning ordnance, and are served by ~blic sewer and water systems. The Board agrees with the reasoning of the applicant. The Board fin~ that the circ~mstances present in thi~ case are unique, a~ that strict application of the ordinance would produce practical difficulties or unnecessary hardship. The Board believes ~that the granting of a variance tn this case will not chan~ the chard=ret of 'the neighborhood and will observe the. s~irit of the ordinance. On motion by Mr. Doyen,. seconded by Mr. Tuthill, it RESOLVED, tha~!ROBERT W. 'BROOKS be GP.%NTED a Variance to the Zoning Ordi~nce,;trticle III, Section 100-31 for approval of insufficient area, width and setbacks as applied fo~. :'ii' Location of p~Perty: Winthrop Drive and Reservoir ' Road, Fishers Isla~, New York; bOnded north by Gada, east by Reservoir Road, .~outh by Winthrop Drive and Clevelend, west by Silver Eel ~ove. County Tax Map Item No. 1000-9-8-3. Vote of the B~rd: Ayes: Messrs. ~rigonts, Tuthlll, Douglass, Doyen an~Goehrinqer. :CEIVED AND FILED BY ~ SOU%]{OLD TOWN · ROBERT y4 BRooKs WINTHROP DR. & RE~,~R~)IR I~D. NOV ~} BOARD OF APPEALS 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 November 4, 2009 Zoning Appeal No. 6348 Transmitted herewith is Zoning Appeals No. 6348 of Patricia Moore for Charles Curtis & Jane Harvey- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, LWRP Consistency Assessment Form, Cover Letter from Patricia C. Moore, Copy of Building Department With Disapproval Dated October 30, 2009, Notice of Disapproval from Building Department Dated October 30, 2009, Authorization Letter from Jane Harvey & Charles Curtis to Patricia Moore to Represent them in this Matter, Certificate of Occupancy for Addition Dated April 28, 1993, Copy of Property Record Card, Copy of Survey, Copy of Drawings for Deck, Action of the Zoning Board of Appeals Dated April 30, 1980, Copy of Survey Dated October 1979, Three Pages of Photos of Property, Survey of Property Showing Proposed and Existing Construction Dated October 22, 2009 Prepared by CPK Architectures. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 11/02/09 * * * RECEIPT * * * Receipt'8: 61156 Transaction(s): 1 1 Application Fees Reference Subtotal 6348 $150,00 Check#: 5530 Total Paid: $150.00 Name: Curtis, Charles M & Jane Harvey 1620 East Highland Ave Seattle, WA 98112 Clerk ID: CAROLH Internal ID: 6348 #9646 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) BOARD OF APPEAL~ Kamn Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattltuck, 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 11th dayof February. 2010. Principal Clerk Sworn to before me this ~ ~. day of ~ 2010. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197l 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 25, 2010 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, FEBRUARY 25, 2010: 10:20 A.M. CURTIS-HARVEY REVOCABLE TRUST ~6348. Request for Variances from Code Section 280-124, based on an application for building permit and the Building Inspector's October 16, 2009 Notice of Disapproval concerning proposed additions and alterations to a single family dwelling, (1) less than the code required front yard setback of 35 feet, at 3 Reservoir Rd., Fishers Island, NY. CTM: 9-8-3.4. The Board of Appeals will hear all persons, or their representatives, desiring 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. Files are available for review 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 email: Vicki.Toth~.Town. Southold.ny.us. Dated: January26,2010. ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON BY VlCKI TOTH 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971.0959 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.nox~da fork.net January 25,2010 Re: Town Code Chapter 55 - Public Notices for Thursday, February 25, 2010 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 February 4th: 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 all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any properly which is across from any public or 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 Properly 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 arrangements were made in either a written statement, or dudng the hearing, providing the returned letter to us as soon as possible; AND not later than February 5th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are retumed to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not retumed, please advise the Board dudng the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later February 17st: 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 Postin.q for receipt by our office before February 23, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS), Very truly yours, Zoning Appeals Board and Staff Ends. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: HARVEY, J. & CURTIS C. # 6348 MAP #: 1000-9-8-3.4 VARIANCE: SETBACK REQUEST: ADDITIONS/ALTERATIONS DATE: THURS, FEB. 25, 2010 10:20 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 J. HARVEY/C. CURTIS (Name of Applicant) SCTM Parcel #1000-9-8-3.4 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS RECEI'VED I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the '~"- day of February, 2010, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Letter and Authorization in prepaid envelope addressed to: Sworn to before me this day of February, 2010. (' (N~tary Public) MARGARET C. RUTKOWSK] Notary Public, State of New York No. 4982528 Qualified in Suffolk Courttv - Commission Expires June 3~ '.~f (~ig~-at~re)/~ ~ - B~ETSY P RE~KINS 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. HIRAM F. MOODY III PO BOX 545 FISHERS ISLAND NY 06390 SCTM: 1000-9-8-3.2 R. DIXON H. HARVEY JR JANET H. HARVEY 2004 STR1NGTOWN ROAD SPARKS MD 21152 SCTM: 1000-9-8-3.3 CURTIS/HARVEY ZBA NEIGHBOR LIST WM. H. WOOD JR 207 FERN STREET W. HARTFORD CT 06119 RECEIPT 7192 6~63 31 lO oooo 6o98 FROM: PATRIC~ C MOORE ESO RECEIPT 7192646331100(]006104 FROM: PATRIC~A, C. MOORE ESQ. RE: CURTIS/HARVEY ZSA HEAF RECEIPT 71920463311000006111 FROM: PATRICIA C MOORE ESQ RE: CURTIS,~tARVEy ZBA HEA~ SEND TO: HIRAM F MOODY ~11 PO BOX 545 FISHERS ISLAND NY 06390 FEESL ' TOTA5 POSTMARK OR DATE SEND TO: R. DIXON H HARVEy JR JANET H. HARVEy FEES: TOTAL ['~.,54 PO~FMARK OR DATE SEND TO: ~ H WOOD JR 207 FERN STREET W. HARTFORD CT (3~119 FEES: ffP6~:'J~RK oR/bArE ; ': ZONING BOARD Of APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of J. HARVEY & C. CURTIS AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-9-8-3.4 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, John Doucette, residing at ,/,'~'x~ being duly sworn, depose and say that: On the~"~day of February, 2010, I personally placed the Town's official Posters, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) 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 hearing date, which hearing date was shown to be Thursday, FEBRUARY 25, 2010 JOHN DOUCETTE Sworn to before me this · 9',~ ~t)day of February, 2010 'N°{ary~fS'ublic // GEORGE E. P!tgA~OD¥, JR:. I~OTARY ~UBLIC ne~' en~ra~C~ or ~r~eway en[rance of the prope~y, as the area most visible to passersby. 51020 MAIN tD SOUTHOLD NY ~1971 ESQ, (ExtraFee) ~I~s I CERTIFIED 2. Article Number [ 7192 6463 3110 0000 6098 7192 6463 3110 0000 6098 Article Addressed To: HIRAM F. MOODY III PO BOX 545 FISHERS ISLAND NY 06390 P r icI MOORE ESQ. 51020 MAIN ROAD SOUT'O .y 11971 $ignatu, genO (Please Print Clear/y) Date of Delivery ~A~R~I~I~ C: MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 Received By: ~rlnt Clearly) Date of Delivery 4. Restricted Delivery? 3.Service Type ~'~ (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0000 6104 7192 6463 3110 0000 6104 1. Article Addressed To: R. DIXON H. HARVEY JR JANET H. HARVEY 2004 STRINGTOWN ROAD SPARKS MD 21152 4. Restricted Delivery? 3. Servlce Type (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0000 6111 7192 6463 3110 0000 6111 1. Article Addressed To: WM. H. WOOD JR 207 FERN STREET W. HARTFORD CT 06119 R~CEZVED Mr. and Mrs. Gene Litch Leon Wood Road Putney, VT 05346 Ms. Leslie Weisman, Chairperson and Board members, Southold Town Zoning Board of Appeals Town Hall, 53095 Route 25, P.O.Box 1179 Southold, NY 11971 BOARD OF APPEALS Respected Board Members, We are writing to express our support for the application by Charles Curtis and Jane Harvey for a variance to permit renovation of the porch on their house on Fishers Island. Our property is the adjacent property across the road to the east. Their proposed renovations will not impact us and will improve the appearance of their property. Sincerely, Date PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York ! 1971 Tel: (631) 765-4330 Fax: (63 I) 765-4643 RECEIVED BOARD OF APPEALS January 19, 2010 Attn: Leslie Kanes Weisman, Chairman Town of Southold Zoning Board of Appeals Main Road PO Box 1179 Southold NY 11971 RE: Jane Harvey and Charles Curtis #6348 PREMISES:3 Reservoir road, Fishers island SCTM: 1000-9-8-3.4 Dear Ms. Weisman and Board members: With reference to the above, enclosed please find two letters in support of our application. Kindly make these letters a part of your application. me. (2) If you need anything else please do not hesitate to contact Patricia C. Moore PCM/bp encls. Mr. and Mrs. Dixon Harvey 2004 Stringtown Road Sparks, MD 21152 ~OARD OF APPEALs January 13, 2010 Ms. Leslie Weisman, Chairperson :and Bom'd members, Southold Town Zoning Board of Appeals Town Hall, 53095 Route 25, P.O. Box 1179 Southold, NY 11971 Respected Board Members, We are writing in support of the application by Charles Curtis and Jane Harvey for a variance to permit renovation of the porch on their house on Fishers Island. Our property is immediately adjacent to theirs and to the south. The proposed work will not have a deleterious impact on our property. Furthermore the renovations will enhance the character of the neighborhood and will improve overall appearance of both of our properties. Sincerely, Dixon Harvey Date FITF, LLC c/o Black Oak Associates, Inc. 10055 Red Run Blvd., Suite 130 Owings Mills, MD 21117 ~£CEIVE~ BOARD OF APPEALS January 13, 2010 Ms. Leslie Weisman, Chairperson and Board members, Southold Town Zoning Board of Appeals Town Hall, 53095 Route 25, P.O. Box 1179 Southold, NY 11971 Respected Board Members, As Managing Member of FITF, LLC I am writing to express support for Charles Curtis's and Jane Harvey's application for a variance to permit their modifying the porch on their house on Fishers Island. FITF LLC owns the adjacent property to the northwest of the Curtis/Harvey house and has no objections to the work they propose. Sincerely, Managing Member FiTF LLC Date 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 November 5, 2009 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Fax (631) 765-9064 NOV 1 L Re: ZBA File Ref. No. #6348 Harvey, Jane & Curtis, Charles. Dear Mark: We have received an application for demolition and reconstruction of deck with extension and covered with roof. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written~evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Encls. Gerard P. Goehringer Chairm/~. By: Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 2, 2000 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 # 6348 Owner/Applicant: Curtis, Charles & Harvey, Jane Action Requested: Porch Addition, front yard setbacks Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. Dr ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other inforr~ation is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard, FL Goehringer..-~ ZBA/~77~7 n~ {~/~ By: t.~'~)~,~C/'J ~:::7''-''~'~' ' 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 SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 30, 2010 Patricia Moore, Esq. For: Jane Harvey and Charles Curtis 51020 Main Road Southold, NY 11971 Re: ZBA # 6348 Dear Ms. Moore: Transmitted for your records is a copy of the Board's March 25, 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. Vicki Toth Encl. PATRICIA C. MOORE Attomey at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 NOV O1 2009 BOARD OF Ai~gF. Ai.$ October 27, 2009 Attn: Gerard P. Goehringer, Chairman Town of Southold Zoning Board of Appeals Main Road PO Box 1179 Southold NY 11971 Dear 2 3 4 5 6 7 8 9. 10. 11. 12. 13. 14. RE: Jane Harvey and Charles Curtis #6348 PREMISES:3 Reservoir road, Fishers island SCTM: 1000-9-8-3.4 Mr. Goehringer and Board members: Enclosed please find 8 packets of the following documents: Variance Application Notice of disapproval with building permit application Authorization Elevations of covered deck Que s t ionnaire Project Description/Existing conditions photos Transactional Disclosure Form Short EAF Survey Agricultural Assessment Form LWRP form Property card Prior ZBA decision me. If you need anything else please do not hesitate to contact Very truly yours, enclD~. HAY HARBOR