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~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 ~!!'. 20]0 TOWN OF SOUmOLD Tel. (631) 765-1809 Fax (631) 765-9064 $0~f~r!.~ 10wa (lark £ECEIVED ~ FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 30, 2010 ZBA FILE 6351 AMENDED NAME OF APPLICANT: Elliott B. & Ora J. Heath PROPERTY LOCATION: 500 Hippodrome Drive, Southold, NY SCTM 1000-66-2-13 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 December 15, 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 CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP provided the following best management practices are implemented. In the event that the action is approved, to further Policy 4.2 protect and restore natural protective features and Policy 6 protect and restore the quality and function of the Town of Southold ecosystems, it is recommended that a natural vegetated buffer be required instead of the proposed non-turf. It is further recommended that the dimensions, type and maintenance activities of the buffer be memorialized within a Covenant and Restriction filed with the Office of the Suffolk County Clerk. PROPERTY FACTS/DESCRIPTION: The subject property is an irregular shaped, non-conforming 15,113 square foot parcel, with 11,601 sq. ft. landward of wetlands, in the R-40 District, as shown on the site plan survey drawn by John C. Ehlers, Land Surveyor, dated 10/30/09. The northwesterly lot line forms the boundary of the Applicant's rear yard, and measures 177 feet, with an additional 19 feet at the northeast corner of the property. The easterly lot line forms a side yard with an adjacent parcel, and measures 111.00 feet. The southeasterly lot line forms the front yard along Hippodrome Drive, and measures 109 feet across to the Hippodrome Creek wetlands, where the boundary then proceeds for 112.26 feet southwesterly across the wetlands before intersecting with the rear yard lot line. The properly is improved with a single-family dwelling currently undergoing some permitted additions and renovations and a detached accessory garage with attached shed. BASIS OF APPLICATION: 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 Page 2~un¢ 30, 2010 ZBA File#6351 AMENDED- Heath CTM: 1000-66-2-13 at 500 Hippodrome Dr., Soulhold proposed additions and alterations to a single family dwelling, (1) less than the code required front yard setback of 35 feet, (2) less than code required rear yard setback of 35 feet. RELIEF REQUESTED: The applicant requests front and rear yard variances for the proposed construction of additions and alterations to an existing single-family dwelling. The Applicant proposes a 33 foot front yard setback, and a 33 foot rear yard setback, as shown on the site survey drawn by John C. Ehlers, Land Surveyor, dated 10/30/09. ADDITIONAL INFORMATION: The Applicant has submitted NYS DEC Tidal Wetlands Permit 1-4738- 00578/00003 dated 12/19/08 and amended 08/06/09. The Applicant has also submitted Southold Board of Town Trustees Wetland Permit 6949 dated 8/20/08, and amended 06/24/09 and 11/18/09. 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: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Town Law §267-bi3)¢b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The alterations and additions requested by the applicant will change the existing two story residence with a one story entry porch into a two story residence with added interior space for a master bedroom on the second floor created by raising the roofline, of which only 10 sq. ft. will be non-conforming in the rear yard, and a small open second story deck. The proposed new enlarged one story covered front porch entry in the front yard will be 1.5 feet deeper than the existing (from 3 ft. deep to 4.5 ft. deep) to enhance it's functionality, and will include a second story balcony to enhance views to Hippodrome Creek. There are other 2 story homes of similar size and style in the neighborhood and the proposed additions will improve the appearance of the existing house. Town Law §267-bi3)(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 because the applicant is proposing to add modest additions that will create non-conformities to the code. Town Law §267-b(3)(b)(3). The variances granted herein are not substantial. The Applicant requests a 33 feet front and rear yard setback where 35 feet is required by Code. The variances requested are each .05+ %. 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. The Applicant has agreed to follow the guidelines recommended by the Town Trustees and the NYS DEC. There is no proposed additional construction in the westerly side yard adjacent to Hippodrome Creek where there is an existing easement across the property to the neighbor's property. Town Law §267-b(3)(b)(5). The difficulty has been self-created because the applicant is proposing changes to the existing building footprint for new construction that will create modest non-conformities to the code required front and rear yard setbacks. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of alterations and additions to a single family dwelling while Page 3 June 30, 2010 ZBA File#6351 AMENDE[~ Heath CTM: 1000-66-2-13 at 500 Hippodrome Dr, Southold 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 Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the site plan survey prepared by John C. Ehlers Land Surveyor dated 10/30/09 and the architectural drawings by MCH Design Services dated Nov 6, 2009 and labeled Sheet no. 4 and no. 5. Condition: The Applicant will follow provide Covenants and Restrictions to establish and maintain a ten foot wide "Landscaped Buffer" - A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious material for access to the water body; to be maintained in perpetuity adjacent to and landward of the existing fifteen foot wide easement traversing the Property. 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 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. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for Filing:7 / ~ /2010 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 P~ECEIVED TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATIC~uIhold Town (:~er~ MEETING OF MARCH 25, 2010 ZBA FILE 6351 NAME OF APPLICANT: Elliott B. & Ora J. Heath PROPERTY LOCATION: 500 Hippodrome Drive, Southold, NY CTM 1000-66-2-13 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 December 15, 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 CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP provided the following best management practices are implemented. In the event that the action is approved, to fudher Policy 4.2 protect and restore natural protective features and Policy 6 protect and restore the quality and function of the Town of Southold ecosystems, it is recommended that a natural vegetated buffer be required instead of the proposed non-turf. It is further recommended that the dimensions, type and maintenance activities of the buffer be memorialized within a Covenant and Restriction filed with the Office of the Suffolk County Clerk. PROPERTY FACTS/DESCRIPTION: The subject property is an irregular shaped, non-conforming 15,113 square foot parcel, with 11,601 sq. ft. landward of wetlands, in the R-40 District, as shown on the site plan survey drawn by John C. Ehlers, Land Surveyor, dated 10/30/09. The northwesterly lot line forms the boundary of the Applicant's rear yard, and measures 177 feet, with an additional 19 feet at the northeast corner of the property. The easterly lot line forms a side yard with an adjacent parcel, and measures 111.00 feet. The southeasterly lot line forms the front yard along Hippodrome Drive, and measures 109 feet across to the Hippodrome Creek wetlands, where the boundary then proceeds for 112.26 feet southwesterly across the wetlands before intersecting with the rear yard lot line. The property is improved with a single-family dwelling currently undergoing some permitted additions and renovations and a detached accessory garage with attached shed. BASIS OF APPLICATION: 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 Page 2-March 25, 2010 ZBA File#6351 - Heath CTM: 1000-66-2-13 at 500 Hippodrome Dr., Southold proposed additions and alterations to a single family dwelling, (1) less than the code required front yard setback of 35 feet, (2) less than code required rear yard setback of 35 feet. RELIEF REQUESTED: The applicant requests front and rear yard variances for the proposed construction of additions and alterations to an existing single-family dwelling. The Applicant proposes a 33 foot front yard setback, and a 33 foot rear yard setback, as shown on the site survey drawn by John C. Ehlers, Land Surveyor, dated 10/30/09. ADDITIONAL INFORMATION: The Applicant has submitted NYS DEC Tidal Wetlands Permit 1-4738- 00578/00003 dated '12/19/08 and amended 08/06/09. The Applicant has also submitted Southold Board of Town Trustees Wetland Permit 8949 dated 8/20/08, and amended 06/24/09 and 11/18/09. 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: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Town Law §267-b¢3){b)(t). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The alterations and additions requested by the applicant will change the existing two story residence with a one story entry porch into a two story residence with added interior space for a master bedroom on the second floor created by raising the roofline, of which only 10 sq. ft. will be non-conforming in the rear yard, and a small open second story deck. The proposed new enlarged one story covered front porch entry in the front yard will be 1.5 feet deeper than the existing (from 3 ft. deep to 4.5 ft. deep) to enhance it's functionality, and will include a second story balcony to enhance views to Hippodrome Creek. There are other 2 story homes of similar size and style in the neighborhood and the proposed additions will improve the appearance of the existing house. 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 because the applicant is proposing to add modest additions that will create non-conformities to the code. Town Law §267-b(3)(b)(3). The variances granted herein are not substantial. The Applicant requests a 33 feet front and rear yard setback where 35 feet is required by Code. The variances requested are each .05+ %. 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. The Applicant has agreed to follow the guidelines recommended by the Town Trustees and the NYS DEC. There is no proposed additional construction in the westerly side yard adjacent to Hippodrome Creek where there is an existing easement across the property to the neighbor's property. Town Law §267-b¢3)ib)(5), The difficulty has been self-created because the applicant is proposing changes to the existing building footprint for new construction that will create modest non-conformities to the code required front and rear yard setbacks. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of alterations and additions to a single family dwelling while Page 3- Mm'ch 25, 2010 ZBA File#6351 - Heat~ CTM: 1000-66-2-13 at 500 Hippodrome Dr., Southold 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 John C. Ehlers Land Surveyor dated 10/30/09 and the architectural drawings by MCH Design Services dated Nov 6, 2009 and labeled Sheet no. 4 and no. 5. Condition: The Applicant will follow the recommendations of the LWRP dated 02/08/10 regarding the planting of a natural vegetated buffer and the submission of Covenant and Restrictions with the Office of the Suffolk Clerk. That the above conditions be written into the Bui/ding 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 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. Vote of the Board: Ayes: All. Members Weisman (Chairperson), Dinizio, Geohringer, Homing, Schneider. This Resolution was duly adopted (5-0)~ ~-, -- "L-~slie Kan~s Weisman, Chairperson Approved for Filing: .5 /4 ~/2010 / Southold Town Clert E: t)R'v'lE'r' OF LOT ] LOC, K. 4- "HAP OF= BEIXlDON E~TA'T'E-~" FILED HAR. C,,t-116, Iq4.~ A5 # 1412 51TUATtE: ~rTt-IOLD TOI~IN: .GOUTHOUD 5UI=F:OLK C, OUNTY, NY .51JRVEYED Oq-~l-OI PROPOSED ADDITION5 0~-2q-200-/ INETLAND LOCATION O~-ID-200-~ lO' VAN TU'r'L CONTOUR A~DED 0,~-2~-200-~ F::~.OPO~ED 0~-0~-200~, 0-1-24-200~,0,~-2"1-200~ OI-O~-2OOq,O2-22-2OO~, 05-O&-2OCX:t, G~-2~-2OOq IO-~2-2OOq SITE B~TA: SUFFOLK COUNI"¢ TAX #1000 - ~,6 - 2 - I~ CERTIFIED TO, ORA ..lEAN HEATH ELLIOT BRLIOE HEATH D~,S~OM: ,A~LP~: LOT CO'V~-tAG]; BUiLDABLE LAND I'_.50~ S F (LOT AREA LAND~ARD CF ,~ETLANBS) EX~STZNG HOJSE: 2, 370 S.F. ~J.8~% P~OPDSEO AOOITION TO FOO-PRiNT g4 S F CO DJ% PROPOScB ENTRY PORCH 59 S F 00 52% S~EBS 272 S ~ 02 3a% EXISTING a pR0ccsEo ~0T COV-RAGZ: 2 795 S F. ~5 Z7% 8.400 CF. DEC AEJ~CEX. T AREA BEThEEN 'XETLANDS AND //AN TUlL l0 CONTOUR LZ:~E OF 1982 EXIE-!NG iN CEE ADJACEN- AREA E S F 0 05% ABDITICNS IN BEC ADJACENT AREA ! 2Jg S F J.95% NOTES: · MONUMENT FOUND PIPE FOUND · STAKE FOUN~ LOT AREA TO MAP LINE 15,lID 5,F. OR 0.~,5 ACRE ELEVATION5 REFER TO H~L N~'¢~ '2q PA~,E, EL I:~-~11:;~'~ IN ZONE Fvt~E-~.XlSTI N~ ALLOk'~ ~5' ~I~.ONT IO' SI~ 'T'A~;~> - TOTAL 25' N~ C, HAN~ IN NIJI,-~ER OF BEITROOH5 I::I:~:TPOE~D TII~AL I,*~'II_AN~ ~:2tJNDAI~.'f' A5 12ELII,~ATEP B'r' EN--C. OI'F_-g. LTANTE, Irc.. ON 5-21-2OO"/ AN/2 LOCATED AND 9rlOI,41~ H~I:~ON Bf' 5~ ! P~OPOEED IO' HI[;;;~E +NON"II)t~= BI~=F:ER TO ~,~ PLANTED HITH NATIV'~ VEGETATION ®F~.APHIC, SC, ALE I"= DO' line DRAINAGE CALCA)LATtON~, ROOF (Dt,'IELLINO) DI."IELLIN(D ROOF AREA 1414 $.F. 1414 X O.I-'/ X I.O = 241 C.F. 241 / 42.24 = 5.6q V.L.F. REG'UIF~'.ED PROVIDE 2 6'-0" DIA. X D'-O" DEPTH DRAINAsE POOLS 8 V.L.F. PROVIDED (DP4) PROPOSED DRh'"Y,~ELL 6 EAST MAIN STREET 369-8288 Fax 369-8287 N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 REF. \SCompaqserver\pros\01\01-247 proposed housc.pro 1ST. FLOOR PLAN SCALE: 1/4" = 1'-0' ~) PROJECT NORTH ACTUAL NORTH HL HDR* WALL LEGEND I (2) 2X~. POST I ENTRY I lz" F.a. COVERED PORCH DINING ROOM RECEIVED NOV 1 0 ~OARD OF FINAL MAP REVIEWED BY ZBA SEE DECISION # ~/ DATED / I ~ o/o DRAWN BY: MH November 06, 200 SCALE: 1/4" = 1'-0" SHEET NO: ~+ (631 ) 298-2250 ~ DECK e-mail: i FL.~SH UP SIDE WALLS .,~ /' ~ ~UN.I, ABOVEFZN. DECK ~ i/BEDROOMNo. 1 / , ~% .......... ' ~0 ~NG P~TE HEIGHT AT 7'-2". 2 ~ ~,-O', CLG. F f. ? LNDRY~ RH. ' 0 ~). PROVIDE 2 - 2X~ DFC2 HE~ERS OVER ~L OPE~NGS UNLESS ~ ~ , z ~ ~. [ MASTER BEDROOH; ~ , m 6). ALL HULLS W~H POSTS TO BE 2 - ~ DFC2 UN.SS O~ERW~E NOTED. ~ ' 7). ~NSU~T/ALL NEW ~T/RZDR AND ~TE~OE WALLS. 2X6 WALLS AT RI~~ ,~ / )xg ~F~2 ~ ~ ~"~E ~ ~ SH~THZN6 ~D ~SU~TZON. ~SO PRO.DE [-1/2" THICK FOAH ~ ~ ~NDZN6 BEDRO0 fl No. 2 ....... 0 DETECTORS SHALL BE HARD-~ED ~H BA~R BACK UP. ~STALL ~ ~ FWH~i~iiAR % PER CODE. _m~ ] o : AN25Z-2AaOV[ ~ (~e: ~3+.+ se. ~.) ......... "" BALCONY cT ~. &'ABOVE ~N. DEC~ ~ November 06, 200 ACTUAL NORTH 2. pZ~¢NSZO,S TO ,[W WALLS A~[ TO STUD. lY-ql" 7'--11" 13'--11" FiN2 :L MAP ~'-"" ~EV EWED BY ZBA SEE DECISION ~ ~/ DATED I I OFFICE LOCATION: ow. a, ^ nex 54375 State ~ute 25 (cor. M~n Rd. & Youngs Ave.) Southold, ~ 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: February 8, 2010 Re: ZBA File Reference No. 6351 Heath SCTM# 1000-66-2-13 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 the following best management practices are implemented. In the event that the action is approved, to further Policy 4.2 protect and restore natural protective features and Policy 6 protect and restore the quality and function of the Town of Southold ecosystems, it is recommended that a natural vegetated buffer be required instead of the proposed non-turf. It is further recommended that the dimensions, type and maintenance activities of the buffer be memorialized within a Covenant and Restriction filed with the Office of the Suffolk Clerk. A sample definition of a natural vegetated buffer 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 ground cover of ninety-five (95) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted. Survival of planted vegetation 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. Cc: Lori Hulse, Assistant Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEXVED BO~RD OF ~ THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING December 15, 2009 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections A14-14 thru A14-25 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 Ketterer (Gwyneth) & Kykes (Mary) Heath, Elliot & Ora McCarthy, Christopher De Croisset, Nicholas DeNicolo, Joseph & Rita Ramone, Julien & Claudia TRK:ds Municipal File Numbers 6349 6351 6352 6354 6355 6357 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 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Mefin Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 November 18, 2009 Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Rd. Southampton, NY 11968 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD RE: ELLIOT BRUCE & ORA JEAN HEATH 500 HIPPODROME DR., SOUTHOLD SCTM#66-2-13 Dear Mr. Herrmann: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., November 18, 2009: RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Permit #6949 to eliminate the previously approved northerly addition, pergola and patio; and to authorize roof alteration that will allow for a 6'X 12' roof deck and the expansion of the existing second floor to the perimeter of the existing first floor walls in the northeast corner of the dwelling, and as depicted on the site plan prepared by John Ehlers, Land Surveyor, last dated September 23, 2009. This is not a determination from any other agency. Sincerely, Jame .~King, Preside~ Board of Trustees JFK:lms TO: FORM NO. 3 NOTICE OF DISAPPROVAL 1 0 BOARD OF APPEALs Elliott B. & Ora J. Heath C/O Michael Hand 375 Farmview Rd. Mattituck, NY 11952 DATE: October 16, 2009 Please take notice that your application dated October 6, 2009: For permit to construct additions and alterations to existing single fkmil¥ dwelling at: Location of property: 500 Hippodrome Dr., Southold County Tax Map No. 1000 - Section 66 Block 2 Lot 1_}3 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations to the existing single family dwelling, on this non- conforming 15,113 square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124; non-conforming lots, measuring less than 20,000 square feet in total size, require a front and rear yard setback of 35 feet. The site plan shows proposed front yard setback of 33 feet and a rear yard setback of 33 feet. Authorized Signature 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. ~ RECEIVED ~ ForOf~eU~O,~ >~ ,~OV ! ~ 0 FCC: $___ Filed By~ Date Assi~c~Assi~mcnt No. ~0 / omce BOARD OF APP~A~ Notes: APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No. 500 Street HIPPODROME DRIVE Hamlet SOUTHOLD SCTM 1000 Section 66 Block 2 Lot(s). 13 Lot SizelS,I]3 S.F. Zone DistrictR-40 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: OCTOBER 16, 2009 BASED ON MAP DATED SEPTEMBER 23, 2009 Applicant(s)/Owner(s): ELLIOT B. 8,: ORA J. HEATH Mailing Address:P.O. BOX 232, SOUTHOLD, NY 11971 Telephone: 631-765-4922 Fax: NOTE: In addition to the above_, please completed below if applicant is signed by applicant's allomey, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: EN-CONSULTANTS, INC for (X) Owner, or ( ) Other: Agent's Address: 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 Telephone: 631-283-6360 F ax:631-283-6136 Email: RHERRMANN(~ENCONSULTANTS.COM Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or [] Authorized Representative, or [] Other Name/Address Below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 9-23-09 AN APPLICATION DATED: 10-9-09 FOR: [] Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Other: and DENIED Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article xxIII Section 280- 124 Subsection B Article Section 280- Subsection Type of Appeal. An Appeal is made for: [] A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has Ig has not been made at any time with respect to this property. UNDER Appeal No. Year . (Please be sure to research before completing this question or call our office for Name of Owner: ELLIOT B. & ORA J. HEATH ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature]: AREA VARIANCE REASONS. ~ECE~V~ BOARD OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: SEE ATTACHED (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: SEE ATTACHED (3) ~he amount of relief requested is not substantial because: SEE ATTACHED (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: SEE ATTACHED (5) Has the alleged difficulty been self-created? ( )Yes, or ~)No. Due to the location of the existing dwelling. Are there any Covenants and Restrictions concerning this land: [] No 15aYes (pleasefurmsh copy). Southold Trustees Covenant (copy enclosed); easement 15' in width across premises (copy of deed enclosed) 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 aaorney.) ~ Sworn to before me this 3rd da~ of/NOVEMBER 2009 Signatur~ ot~Appellant or Authorized Agent (Agent must submit wrii~en Authorization from Owner) ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST Reasons for appeal 1. Granting of the minimal relief requested will produce no change whatsoever in the character of the neighborhood and will not impact nearby properties due to the negligible difference in the outward appearance of the finished dwelling with relief versus that constructed without it. Specifically, from the road, it would be difficult to differentiate -let along perceive in an adverse way - a 4.5' deep porch versus the currently permitted 3' deep porch, which would not require relief, whereas the practical usefulness of the properly sized porch will provide a real benefit to the Heaths. Similarly, the difference in the view from the north of the now proposed second floor versus that of the one currently approved without relief- essentially a marginal difference in the height and angle of a portion of the roof- is negligible, whereas having an additional +28 square feet of useable floor space in the master bedroom that will result from aligning the 2"a story wall with the existing 1 st story wall provides a real benefit to the Heaths without expanding the second floor beyond the confines of the existing first floor footprint on the northerly side of the house. The proposed rear yard relief is necessitated by the proposal to increase the second floor area by raising the existing roof to allow for the expansion of the second floor out to the perimeter of the existing first floor wall and foundation. Therefore, due to the location of the existing dwelling, it is not possible to align the second floor wall with the lower without the requested 2 feet of setback relief. Similarly, due to the location of the existing dwelling relative to Hippodrome Drive, constructing even a modest front porch requires the minimal 2' of relief requested. The two feet of 5.7% relief from both the rear and front yard setbacks is not substantial mathematically nor substantively, particularly in light of the efforts made by the Heaths to minimize and limit the proposed house additions to locations farthest from the wetlands to the west. Specifically, the existing second story is being expanded by approximately 643 s.f., a,) approximately 353 s.f. of which will be created though construction of a conforming two-story addition in the southeast ~:omer of the house and conforming 2-story living space in place of the existing front porct}jand~proximately 290 s.f. of which will be created via alteration and raising of portions of the existing roof~only +10 square feet of which actually requires variance relief due to its location over the portion of the existing first story located within the 35' rear-yard setback. As noted above, painstaking efforts were made to locate the proposed expansions as far as possible from the wetlands to the west and mitigation measures were incorporated into the project for the purpose of enhancing the environmental conditions at the site. Specifically, as part of the project, a drainage system of drywells will be installed to collect and recharge roof runoff and a 10' wide, approximately +1,390 s.f. nonturf buffer will be established in place of existing lawn between the dwelling and driveway that separates the developed portion of the property from the wetlands associated with Hippodrome Creek. Wetlands Permits for the project have been issued by the New York State Department of Environmental Conservation and the Town of Southold Trustees. BOARD OF ApPEALS APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ELLIOT B. & ORA J. HEATH RECEIVED NOV 1 0 BOARD OF APPEALS Date Prepared: NOVEMBER 3, 2009 1. For Demolition of Existing Building Areas Please describe areas being removed: The existing one-story porch facing Hippodrome Drive will be removed and replaced with two stories to be constructed within the same footprint; the existing entry porch in the southeast corner of the house is being removed in favor of a 2-story addition. 11. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Variable (see attached site plan): +/-353 s.f. (living space) Dimensions of new second floor: Variable (see attached site plan): +/-643 s.f. (]ivin~ space) Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): +/-26' (no change to existing house above ridge line) Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: +/-2' 111. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Two stories with one-story porch and small entry porch. Number of Floors and Changes WITH Alterations: Two stories with small roof deck in rear; and second-story balcony and entry porch with steps in front (see attached project description). IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: +/-1,370 S.F. Proposed increase of building coverage: +/- 153 S.F. Square footage of your lot: 11,601 S.F. (exclusive of wetlands) Percentage of coverage of your lot by building area: 15.47% of buildable land V. Purpose of New Construction Requested: To transform dwelling historically used as a vacation home into a permanent home via limited footprint expansion and expansion of vertical space as much as practicable given lot size, configuration, and presence of nearby wetlands. VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): The property slopes gently downward from the location oftbe house toward both Hippodrome Drive & Hippodrome Creek; the contour of the land does not relate to the request for variance relief. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). PHOTOS INCLUDED. 7/2002; 2/2005; 1/2007 PROJECT DESCRIPTION: ELLIOT BRUCE AND ORA JEAN HEATH~ 500 HIPPODROME DRIVE~ SOUTHOLD BOARD OF APPEALS Alter roof of existing two-story dwelling to allow for a 6' x 12' roof deck and the expansion of the existing second floor to the perimeter of the existing first floor walls in the northeast comer of the dwelling; construct a 8' x 24.4' second-story addition with a second-story balcony and 6.5' x 18.3' entry porch (including steps) in place of the existing one-story southerly portion of the dwelling to be removed; construct a 11.7' x 13.5' two-story addition (partially in place of existing porch) in southeasterly comer of dwelling; remove existing driveway and masonry walk and construct new stone walkway and pervious gravel driveway; install drainage system of drywells; and establish 10'-wide non-turf buffer on landward side of existing stone driveway located in existing access easement, all as depicted on the site plan prepared by John C. Ehlers Land Surveyor, last dated October 30, 2009. AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECE~¥ED BOARD OF APPEAl~ WHEN TO USE THIS FOR3/~ 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 500feet of a farm operation located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: EN-CONSULTANTS, INC. 2) Address of Applicant: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 3) Name of Land Owner (if other than applicant) ELLIOT B. & ORA J.HEATH 4) Address of Land Owner: P.O. BOX 232, SOUTHOLD, NY 11971 5) Description of Proposed Project: RENOVATIONS & ADDT1ONS TO EXISTING ONE-FAMILY DWELLING 6) Location of Property (road and tax map number):500 HIPPODROME DR., SOUTHOLD; SCTM #1000-66-2-13 7) IS the parcel within an agricultural district? [~No [] Yes If yes, Agricultural District 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. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers l~ay be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 or t~..~oning Board of Appeals at 765-1809. ~ .. ~ 11/19 109 Sigdatur~ of Applicant Date 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant aod/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION NOV 1 0 1009 BOARD OF APPEALS Is the subject premises listed on the real estate market for sale? [3 Yes [] No Are there any proposals to change or alter land contours? [] No [] Yes, please explain on attached sheet. 1) Are there any areas that contain sand or wetland grasses?YES 2) Are these areas shown on the map submitted with this application?YES 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: Wetlands Permit #6949, issued 8-20-08 & amended 6-24-09 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.) F. Do you have any construction taking place at this time concerning your premises? YES If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: Renovations & additions as depicted on attached site plan and approved by Building Permit No. 34948 except without additional 2' of 2nd-story addition and porch addition, for which relief is requested herein. G. Do you or any co-owner also own other land close to this parcel? NO If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel Residential, two-story, one-family dwelling and proposed use same with additions Authorized SignaVure and Date 2/os; 4/07 ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST 14.164 (9195)--Tex~ 12 PROJECT I.D. NUMBER SHORT RECEZVED I~OV J. 0 200,~ SEQR Appendix C Rewew 8OARD OF APPEA~ State Environmental Quality ' gNVZRONHgN~A~ ASSESSHgN~ FeRN For UNLISTED ACTIONS Only PART I -- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I APPLICANT/SPONSOR: ELLIOT B. & ORA J. HEATH BY I 2. PROJECT NAME EN-CONSULTANTS, INC. I 3 PROJECT LOCATION: Municipality SOUTHOLD County SUFFOLK 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) 565 GULL POND LANE, GREENPORT, TOWN OF SOUTHOLD; SCTM #1000-35-4-28.27 5. IS PROPOSED ACT [] New ~ Expansion [] Modification/alteration 6 DESCRIBE PROJECT BRIEFLY: Alter roof of existing two-story dwelling to allow for a 6' x 12' roof deck and the expansion of the existing second floor to the perimeter 3fthe existing first floor walls in the northeast comer of the dwelling; construct a 8' x 24.4' second-story addition with a second-story balcony and 6.5' x 18.3' entry porch (including steps) in place of the existing one-story southerly portion of the dwelling to be removed; :onslruct a 11.7' x 13.5' two-story addition (partially in place of existing porch) in southeasterly comer of dwelling; remove existing :lriveway and masonry walk and construct new stone walkway and pervious gravel driveway; install drainage system of drywells; and ~stablish I O'-wide non-turf buffer on landward side of existing stone driveway located in existing access easement, all as depicted on the site plan prepared by John C. Ehlars Land Surveyor, last dated October 30, 2009. 7. AMOUNT (~c [.AND ,%CFEL; I itu Initially 0.35 acres Ultimately 0.35 ag'es 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTIN(3 LAND USE RESTRICTIONS? ~]Yes [] NO If NO, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park Forest/Open space [] Other [] Y e s [] N o If yes, list agency(s) and permit/approvals DEC, SOUTHOLD TRUSTEES []Yes [] No If yes, list agency name and permit/approval NYS DEC #1-4738-00578/00003 SOUTHOLD TRUSTEES # 6949 a, p p l ic a n t/s p o n s o r n a m e ROBE~MANN, C.OASTAL MANAGEMENT SPECIALIST Signature: D A T E NOVEMBER 3, 2009 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II- ENVIRONMENTAL ASSESSI~T (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE t THRESHOLD IN 6 NYCRR, PART 617.47 If yes coordinate the review process and use the FULL EAr B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617.67 If no, a negative declaration mayrb.~ yessuperseded~/Nob another involved agency. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING, (Answers may be handwritten, if legible) Cl. Existing air quality. Surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal potential for erosion, drainage or flooding problems! Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources: or community or neighborhood character? Explain briefly: C3. Vegetation of fauna, fish, sheflfish or wildlife species, s gn f cant hah tats, or threatened or endangered species? Explain briefly: C4, A community's existing plans or goals as officially adopted, or a change n use o nens ty of use of land or other natural resources? Explain briefl C5. Growth, subsequent development, or related act v es key to be induced by the proposed action? Explain briefly. C6. Long term. snort term, cumulative, or other effects not identified in CI-C57 Explain briefly. C7 Other impacts (including Changes in use of either quantity or type of energy)? Explain briefly. ~ECEIVED NOV ] 0 200 BOARD OF APPEA D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? E IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? []Yes [] No If Yes, explain briefly PART III- DETERMINATION OF SIGNIFICANCE (To be Completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with Its (a) setting (i.e. urban or rural), (b) probability of occurring; (c) duration; (d) irreversibility; (c) 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 boon identified and adequately addressed. If- question D of Part 11 was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse impa, cts which MAY occur. Then Proceed directly to the FULL EAr aDd/or prepare a positive declaration. [] Check this box it you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name or Lean Agency nile of Nespons~ole Ulhcer Signature of Preparer (if different from responsible officer) Uate APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) RECEIVED ;~OARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and emnlovees. 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. YOURNAME: ~..oq;~l~- 6- ~,~.~,-O~-~M '~¥ ~- (.~,*4~,~t.~,lM,~' (Last name, first name, middle initial, unless you am 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 ~./ 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 J 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 .~r~- day of Signature: Print Name: I2.o6 r-~.4-' ? / The Town of $outh0k]'~ Code of Ethios prohibits conflicts of interest on the part of Town officers and employees. The vumoee of this form is to provide information, which can alert the Town 9f Dossible conflicts of interest and allow it to take whatever action is necessary to avoid sam~. (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 thege-Iv/~[ other person or cempany name.) RECEIVED NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official M~ Other If ".Other", name the activity: NOV 1 0 ?.009 BOARD OF APPEALs Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of $outhold? "Relationship" includes by blood, marriage, or business interest. "Business interest" me, m~ a business, including a partnership, in which the Town officer or employee has ~ven 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 ~'~ If you answered "YES", oomplete the balance of this form and da~ and sign where indicated. . Name of person employecl by the Town of Southold: &//~ Title or position of that person: Describe that relationship between yourself (the applicanO 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 (cheek 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 nfany 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 Town of Southoid A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM BOARD OF ~'~:~.LS A ll app[icants for perm its* including Town ofSoutho[dagencies, shallcompletethisCCAF for prnposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessmentisintendedtosupplementotherinformatiun used by a Town ofSouthold agency in m a k in g a d e t e r m in a t io n o f c o n s is t e n c y. *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- suvoortim, facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undert~en. SCTM# 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. DESCRIPTION OF SITE AND PROPOSED ACTION 66 2 13 PROJECT NAME ELLIOT BRUCE & ORA JEAN HEATH 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: Alter roof of existing two-story dwelling to allow for a 6' x 12' roof deck and the expansion of the existing second floor to the perimeter of the existing first floor walls in the northeast comer of the dwelling; construct a 8' x 24.4' second-story addition with a second-story balcony and 6.5' x 18.3' entry porch (including steps) in place of the existing one-story southerly portion of the dwelling to be removed; construct a 11.7' x 13.5' two-story addition (partially in place of existing porch) in southeasterly comer &dwelling; remove existing driveway and masonry walk and construct new stone walkway and pervious grovel driveway; install drainage system of drywells; and establish I O'-wide non-turf buffer on landward side of existing stone driveway located in existing access easement, all as depicted on the site plan prepared by John C. Ehlers Land Surveyor, last dated October 30, 2008. Location of action: 500 HIPPODROME DRIVE, SOUTHOLD Site acreage: 0.35 ACRES Present land use: RESIDENTIAL, ONE-FAMILY DWELLING ~uv I 0 Present zoning classification: R-40 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: ELLIOT BRUCE & ORA JEAN HEATH (b) Mailing address: P.O. BOX 232 SOUTHOLD, NY 1971 (c) Telephone number: Area Code 631-765~4922 (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 how the project will further support or not support the policies. Provide ali proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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 Ill - Policies; Page 2 for evaluation criteria. [~Yes ~ No ~ 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 [~ Yes [~ No [~ Not Applicable ~ECEIYED AOARD OF AppEAl~ 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 [ YesW1 No The project is consistent with Policy 3 insofar as it shall establish a 10' wide nonturfbuffar to be planted with native vegetation on the landward side of an existing traveled easement between the adjacent tidal wetlands and developed property, thus creating a more natural appearance to the most seaward developed portion of the property. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria ['--~ Yes [~ No E~ Not Applicable 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 E~ Yes [~ No [~] Not Applicable The project will improve water quality by reducing the volume of runoffadjacent to Hippodrome Creek through installation of a drainage system of drywells and reducing the volume and improving the quality of surface water runoffadjacent to Hippodrome Creek through establishment ofa nonturf buffer to be planted with native vegetation landward of the existing traveled easement located between the developed portion of the property and the adjacent wetlands. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. Yes [~ No [---] Not Applicable Due to the location of the existing house an~figuration of the parcel, it is impossible to si~ the additions (or to move the house) more than 100 feet fi.om wetlands, but the project will be consistent with Policy 6 due to the limited scope and location of the proposed additions, which except for the southerly porch and steps will be located over the existing house footprint or to the landward sides of the existing house footprint, and all additions will meet or exceed the existing wetlands setback. Consistency with Policy 6 is furthered via installation of a drainage system of drywells to reduce the volume of roofrunoffand establishment of a planted nonturf buffer to reduce the volume and improve the quality of surface water runoff adjacent to Hippodrome Creek. With respect to compliance with the rules and regulations of the NYS DEC & Town of Southold Trustees, wetlands permits from both agencies have been issued for the project. Attach additional sheets if necessa~ Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes No 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. Pro. tect Southold's wat~dependent uses and promote sitin~ new water-dependent uses in suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation crl~teria. [~] Yes [--] No [~ Not Applicable ~/ RECEIVED 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--I I No [~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~] Yes [~] No [~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [~ Yes ~] No [~ Not Applicable PREPARED BY T~RRM ROBER ANN ~. TITLEcOASTALMGMTSPECIALIST DATE 11/3/09 Amended on 8/1/05 EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING November 10, 2009 Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Atm.: Linda Kowalski NOV 1 0 009 BOARD OF APPEALS Elliot B. & Ora J. Heath 500 Hippodrome Drive, Southold SCTM #1000-66-2-13 Dear Linda: Enclosed for review are a total of(8) separate sets of the following: 4. 5. 6. 7. 8. 9. 10. 11. 12. Notice of Disapproval from the Building Inspector. Zoning Board of Appeals application including; a. Questionnaire. b. Applicant's Project Description. c. Transactional Disclosure Form. d. Letter of Authorization. Environmental Assessment Form; Property card; Survey; Building Diagrams; DEC and Southold Trustees approvals; Copy of Covenants & Restrictions; Copy of Deed; Photographs; and LWRP Form. Application fee of $600.00. Three (3) additional copies of the LWRP Form with an additional survey are also included. I trust this information shall allow you to process our request. Should any additional information be required, please do not hesitate to contact our office. Sincerely, Robert E. Herrmann Coastal Management Specialist /kbs Enc. ~ EN.CONSULTANTS, INC. 1319 No~h Sea Road Southamp~n, New York 11968 631-283-6360 Fax: 63%283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTANTS BOARD OF APPEALS TO WHOM IT MAY CONCERN: This letter will authorize Eh-Consultants, Inc. to represent me and act on my behalf with regard to environmental matters and/or permits. /ii Signature Print Print COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C09-29748 ~ECEWED BOARD OF APPEALS I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on07/29/2009 under Liber D00012594 and Page 785 and, that the same is a true copy thereof, and of the whole of such original In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 07/29/2009 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL RECEIVED NOV 1 0 20o. ~OARD OF APPEALS SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 4 Receipt Number : 09-0085325 District: 1000 Recorded: At: 07/29/2009 09:17:36 AM Page/Filing COE TP-584 Cert. Copies LIBER: D00012594 PAGE: 785 Section: Block: Lot: 066.00 02.00 013.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt $20.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.20 NO RPT $30.00 NO Fees Paid $95.20 PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL THIS Judith A. Pascale County Clerk, Suffolk County Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument RECEI'VED NOV ! 0 ~009 ~OARD OF APPEALS Deed / Mortgage Tax Stamp Recording / Filing Stamps 31 FEES Page / Filing Fee Handling (~. 00 TP-584 Notation EA-S: 17 (County) EA-S217 (State) R.PT.S.^. Comm. of Ed, 5. 00 Affidavit NYS Surcharge 15. 00 Other Rea Tax 6 SubTotal qC) 1000 06600 0200 013000 SubTota, C:T . Grand Total 013000 5 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 Mortgage Amt, 1, Basic Tax 2. Additional Tax Sub Total Spec./Assit or Spec,/Add. TOT. MTG, TAX Dual Town __ Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropr ate tax c ag~se on page # of th Community Preservation Fund Consideration Amount $ CPF Tax Due )roved Vacant Land rD }0 TD TD Mail to: Judith310 A,centerPaScale,Drive,SUffOlkRiverhead,COunty ClerkNy 11901 C7o. Lme Title Company Information www.suffoikcountyny.gov/clerk I Tit e # Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants by: (SPECIFY TYPE OF INSTRUMENT) Bruce Heath The premises herein is situated in Ora ~ean Heath 5UFFOLKCOUNTY, NEW YORK. made TO in the TOWN of Southold Town of Southold In the VILLAGE Board of Trustees or HAMLET of Southold BOXES 6THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATION OF COVENANTS RECElrVED NO¥ ! (I ZOO9 BOARD OF APPEALS THIS DECLARATION made this ~ day of ~-~ , 2009, by Elliot Bruce Heath and Ora Jean Heath, residing at 500 Hippodrome Drive, Southold, 11791, hereinafter referred to as "DECLARANTS": W I TNE S S E TH : WHEREAS, DECLARANTS are the owners of certain real property located on Hippodrome Drive, Southold, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 66, Block 02, Lot 13, which is more particularly bounded and described as set forth in "Schedule A" annexed hereto, hereinafter referred to as the Property; WHEREAS, the Property is situated on lands within the jurisdiction of the Board of Trustees of the Town of Southold (hereinafter the "Trustees") pursuant to Chapter 275 of the Town Code of the Town of Southold or its successor, and various activities conducted upon the property may thus be subject to the regulation and approval of the Trustees prior to being conducted; WHEREAS, the DECLARANTS therefore made application to the Trustees for a permit pursuant to the Wetlands Law of the Town of Southold to undertake certain regulated activities; and WHEREAS, as a condition of the granting of a Wetlands Permit to undertake such regulated activities, the Trustees required that a ten-foot wide "nonturf buffer" be maintained adjacent to and landward of the existing 15-foot wide easement traversing the Property, as described in Schedule A, NOW, THEREFORE, the DECLARANTS do hereby covenant and agree as follows: RECEIVED NOV 1 0 2009 BOARD OF APPEALS 1) There shall be maintained adjacent to and landward described easement a ten-foot wide "nonturf buffer" defined by Chapter 275 of the Town Code; of the above as otherwise 2) This requirement may only be modified by the DECLARANTS, their heirs, assigns, purchasers, or successors in interest upon resolution of the Trustees. IN WITNESS WHEREOF, the owners have duly J ¢ day of (~/~/~ , 2009. executed this instrument this Elliot Bruce Heath Heath STATE OF ~6~ '~¢/o~p : COUNTY OF ~,F~i~ On the ~'~' day of .~,~_ , in the year 2009, before me the undersigned, a Notary Public in and for said State, personally appeared Elliot Bruce Heath and Ora Jean Heath, personally known to me or proved ho me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signatures on the instrument, the individual or the persons on behalf of which the individuals acted, executed the instrument. tary John M. JudGe NOTARY PUi3LIC State of New York No. 01JU605940(~ QuaMil~Osdsllon~S~xffl~lrkesC~n~tY29 20 il Corrm i P ' Y , ~ SCHEDULE A ~ECE~VED BOARD OF APPEALS ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, shown and designated on a certain map entitled, "Map of Beixedon Estates, Town of Southold, Suffolk County, New York, property of Grace R. Nickles, formerly Grace Rogers DeBeixedon", made by Otto W. Van Tuyl, Licensed Surveyor, and filed in the Suffolk County Clerk's Office on March 16, 1946 as Map No. 1472, as and by Lot Numbered 8 in Block numbered 4 on said Map. Said premises are also described as follows: BEGINNING at a monument set on the northerly line of Hippodrome Drive at the south~vesterly comer of Lot 7 and the southeasterly comer of Lot 8 shown on "Map of Beixedon Estates", filed in the Suffolk County Clerk's Office as Map # 1472; RUNNING THENCE along said northerly line of Hippodrome Drive, S. 60° 20' 40" W., 109.0 feet to ordinary high water mark of Hippodrome Creek; THENCE northwesterly along said high water mark, 115 feet, more or less, to a point on the southerly line of Lot 9 shown on said map, said point being N. 77° 58' 30" W., 111.60 feet from the last described point; THENCE along said Lot 9, N. 48° 40' 40" E., 177.0 feet to a monument set at the southwesterly corner of Lot 6, shown on said map; THENCE along said Lot 6, N. 60° 20' 40" E., 19.0 feet to a monument and the northwesterly comer of said Lot 7 shown on said map; THENCE along said Lot 7, S. 29° 39' 20" E., 111.0 feet to the POINT OF BEGINNING. SUBJECT TO an easement 15 feet in width across the premises. BKTM~N ~T~WARD W. GrL~J~AM, residing at (no #) Rogers R~ad, 8outbole, '. ~-~'~T~J~'~IN M G~J~4~M residing ~t 9 ~ Holes ~ * %8~er · Ro~d, E~t H~mpton, New York 11937~ mhd LA~ENCE ,T. ~ . .~, ~o~ show~.~ a~d ~esignsted on s certain map entitled, "Map of ~s~s. To~ of SoutHold, Suffolk CountF, New York, nro~rt, o~ Cr~ce R. Nl~kles, fo~er~y Grace Rogers ~ixedon", mede,~ Otto ,,. Van ~yl, EiCen~d ~eyor, and ~iled in the Suffolk ~o~ty Clerk's Offic, on ~ 16,' 19~6 as M~p ~o. 1472, as and ~ Lo~ ~bere~ S in ~d 4 on said Map. [ ~e,~rtAes of the first hart are ~e s~e ~rsons as the ~nt~es ~d fr~~L~ence T. GruYere. dated 5/13/80, ,.~co~ed 6/16~80 f.: Eiber ~t~ ~f~8 ~ also deserl~ as foll~8: ~ at · ~nt ~ on ~ ~r~erl~ l~e of Hl~ ~ive at ~ ~sterly co~r of ~t ~ ~ ~e s~as~erly co.er ~ on '~p of ~l~don Estates", filed in the ~folk C~ ~flM as ~p ~72~ ~I~ ~ aloe' 'aid ~herly line of ~ ~ve, S.~e ~ kO" ~., 1~.0 fee. to o~l~ ~ ~tel Hl~ ~ek~ ~CE no~s~rl~ along said hi~ ~r ~rk, 115 feet, sore or less, to a ~in2 o~ ~e southerly ll~ of Lo~ 9 sh~ on said sap, said ~in~ ~lng N, ~' ~' ~' ~., 111,~ feet ~o~ the las2 descried ~t~ ~E along said Lot 9, N. ~8e 40' ~0' E., 1~.0 feat' ~ a ~o~nt ~ ~'~ the sout~sterly co.er off ~t 6, ~ on ~p~ al~g said ~t ~, ~. ~' ~' ~0' E., 19.0 feet t~ a ~o~t ~ ~sterly co.er of said ~t 7 s~ ~ s~d ~p, ~E ~ ~ ~ eas~nt 1~ fset In w~dth across ~e p~lses. ~ECEzI/EI) OF AppeAl~ James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. June 24,2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892~ -~-.~ _~,~ ,.._, Fax (631) 765-6641 ~ECEWED N0~' 1 0 2009 BOARD OF APPEAL~ Mr. Robe~ E. Herrmann En-Consultants, lnc. 1319 No~h Sea Rd. Southampton, NY 11968 RE: ELLIOT BRUCE & ORA JEAN HEATH 500 HIPPODROME DR., SOUTHOLD SCTM#66-2-13 Dear Mr. Herrmann; The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wed., June 24, 2009: RESOLVED, that the Southold Town Board of Trustees APPROVES the Amendment to Permit #6949 to include fencing and planting of Cypress trees, as depicted on the survey prepared by John C. Ehlers last dated May 8, 2009. This is not a determination from any other agency. James'F. King, Preside(it Board of Trustees JFK:lms SITE DATA: MAY 1 8 2009 N JOHN C. 6 EAST MA1N STREET ~, N.Y. 11901 James F. King; President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr~ August20,2008 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 I RECEIVED NOV 1 0 2009 BOARD OF APPEALS Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Rd. Southampton, NY 11968 RE: ELLIOT BRUCE & ORA JEAN HEATH 500 HIPPODROME DR., SOUTHOLD SCTM#66-2-13 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wed., August 20, 2008 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of ELLIOT BRUCE & ORA JEAN HEATH applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the SouthOld Town Code, the Wetland Ordinance, application dated July 30, 2008, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 6.3 of the Local Waterfront Revitalization Program to the greatest extent practical through the imposition of the following Best Management Practice requirements: the installation of gutters and drywells in accordance with Chapter 236-Stormwater Management of the Town Code, the placement of a line of staked hay bales and silt fence prior to all construction activities and maintained until completion of the construction project, and a 10' non-turf buffer, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on August 20, 2008, at which time all interested persons were given an opportunity to be heard, and, RECE'rVED WHEREAS, the Board members have personally viewed and are familiar with the p~On~Sl~ APPEALS question and the surrounding area, and, '~3~ / WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirements imposed above, the Board of Trustees deems the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of construct onto an existing two-story dwelling a northerly 9'X 13.8' two-story addition with a second-story balcony and 6.5'X 18.3' entry porch and steps in place of the existing one-story southerly portion of dwelling; construct onto northerly corner of dwelling a 6.5'X 8.5' patio with pergola; remove existing driveway and masonry walk and construct new stone walkway and pervious gravel driveway; install drainage system of drywells; and establish a 10' wide non-turf buffer, with the condition a line of staked hay bales is installed along the landward side of the non-turf buffer and maintained during construction, and as depicted on the survey prepared by John C. Ehlers last dated August 27, 2008. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, Presiden '~ Board of Trustees JFK:lms BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK NOV' 1 0 200! ~OARD OF A PERMIT NO. 6949 DATE: AUGUST 20~ 2008 ISSUED TO: ELLIOT BRUCE & ORA JEAN HEATH PROPERTY ADDRESS: 500 HIPPODROME DR, SOUTHOLD SCTM#66-2-13 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 Trustees adopted at the meeting held on August 20, 2008 in consideration of application fee in the sum of $250.00 paid by and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct onto an existing two-story dwelling a northerly 9'X 13.8' two-story addition with a second-story balcony and 6.5'X 18.3' entry porch and steps in place of the existing one-story southerly portion of dwelling; construct onto northerly corner of dwelling a 6.5'X 8.5' patio with pergola; remove existing driveway and masonry walk and construct new stone walkway and pervious gravel driveway; install drainage system of drywells; and establish a 10' wide non-turf buffer, with the condition a line of staked hay bales is installed along the landward side of the non-tUrf buffer and maintained during construction, and as depicted on the survey prepared! by John C. Ehlcrs last dated August 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. SOUTHOLD TRUS' .Issued To Address- · THIS NOTICE MusT BE DISPLAYED DURING CONSTRUCTION Town TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 ~1t:~ OF LOT #~, BLOC, I< 4 "HAP OF BEIXII~ON r::~TATE5" FIIm HARSH 16, Iq~ ,~ # 14-~2 SITUATE.. SITE DATA: APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD DATE ,.~,~P ~ o~' N JOHN C. NEw YORK STATE DEPARTMEN~ii~F ENVIRONMENTAL CONSERVATIONi~ Facil~.ty DEC ED 1-4738-00578 ~ ~ PERMIT Under the Environmental Conservation Law (ECL) Permittee and Facility Information Permit Issued To: BRAD & ORA HEATH 500 HIPPODROME DR SOUTHOLD, NY 11971 Facility: HEATH PROPEKTY 500 HIPPODROME DR SOUTHOLD, NY 11971 BOARD OF APPEALs Facility Application Contact: EN-CONSULTANTS INC 1319 NORTH SEA RD SOUTHAMPTON, NY 11968 (631) 283 -6360 Facility Location: in SOUTHOLD in SUFFOLK COUNTY Facility Principal Reference Point: NYTM-E: 717.485 NYTM-N: 4549.371 Latitude: 41003'59.5'' Longitude: 72°24'41.5'' Authorized Activity: Expand the existing single family dwelling, adding second story space over,a single story section and two new two story additions with balconies. A pergola, patio, and entry will also be constructed and the stone driveway will be expanded. All work shall be done according to the enclosed plans stamped "NYSDEC Approved." Permit Authorizations Tidal Wetlands - Under Article 25 Permit ID 1-4738-00578/00003 New Permit Effective Date: 12/19/2008 Expiration Date: 12/18/2013 NYSDEC Approval By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and ali conditions included as part of this permit. Permit Administrator: GEORGE W HAMMARTH, Deputy Regional Permit Administrator Address: /.f~_/ NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOKIS0 CIRCLE RD STONY BROOK, NY 11790 -3409 Authorized Signature: -~~~ Page 1 of 5 NEW YORK STATE DEPARTMEN~.~OF ENVIRONMENTAL CONSERVATION~ FacilRy DEC m 1-4738-00578 ~ ~ a~- ~, RECEIVED Distribution List EN-CONSULTANTS ]-NC 80ARD OF Permit Components NATURAL RESOURCE PERMIT CONDITIONS GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: TIDAL WETLANDS 1. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by John C. Ehlers, dated July 31 2001 and last revised August 27 2008. 2. Notice of Commencement At least 48 hours prior to commencement of the project, the pennittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completiun of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work. 3. Concrete Leachate During construction, no wet or fresh concrete or leachate shall be allowed to escape into any wetlands or waters of New York State, nor shall washings from ready-mixed concrete trucks, mixers, or other devices be ailowed to enter any wetland or waters. Only watertight or ~ waterproof forms shall be used. Wet concrete shall not be poured to displace water within the forms. 4. No Construction Debris in Wetland or Adjacent Area Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in wetlands and/or protected buffer areas. 5. No Disturbance to Vegetated Tidal Wetlands There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activities. 6. Clean Fill Only All fill shall consist of clean sand, gavel, or soil (not asphalt, slag, flyash, broken concrete or demolition debris). 7. Straw Bales or Other Erosion Control A row of staked haybales or other approvable erosion control devices shall be placed at the landward edge of the buffer area, as shown on the approved plan, prior to commencement of any regulated activities and shall remain in place and in good, functional condition until the project is completed and all disturbed areas are stabilized with vegetation. Page 2 of 5 NEW YORK STATE DEPARTMEN~OF ENVmONMENTAL CONSERVATIO~ R~Cl[IIIt~D Facility DEC m 1-4738-00578 ~ ~ ~ ~1 8. Establish Vegetated Buffer To protect thc values of ~e Qdal wetl~ds, a pe~ent vegetatc~OARo O~ 4pp~4~ buffer zone sh~l be established. ~ere shall be no dis~b~ce to ~e na~ vegetation or topo~aphy ~ wi~in the ~ea shown on the approved pl~. 9. Runoff Directed to Upland Drywells Reef runoff shall be directed to drywells a minimum of 75 linear feet landward of the tidal wetland boundary for immediate on-site recharge. 10. Driveway/Parking Area of Pervious Material Driveway and parking areas shall be constructed of NYSDEC-approved pervious materials. 11. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result fi.om furore operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 12. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, orif, in the opinion of the Department of Enviroumental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. , 13. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. 14. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Enviroumental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. GENERAL CONDITIONS - Apply to ALL Authorized Permits: 1. Facility Inspection by The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Depa~hnent of Environmental Conservation (the Department) to determine whether the permittee is complying With this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71- 0301 and SAPA 401(3). Page 3 of 5 RECE/VED BOARD OF APPEALS .. The pe~i~ee sh~l provide a p~son to accomp~y ~e D~ent's r~res~tative d~ng ~ inspecnon to ~e p~it ~ea whm requested by ~e D~mt. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at ail times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. 2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. 3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit rcnewai, modification or transfer of this permit. Such application must include any forms or supplementai information the Department requires. Any renewai, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer arc to be submitted to: Regionai Permit Administrator NYSDEC REGION 1 HEADQUARTERS SUNY ~ STONY BROOKIS0 CIRCLE RD STONY BROOK, NY11790 -3409 4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Tidal Wetlands. 5. Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit. The grounds for modification, suspension or revocation include: a. materially false or inaccurate statements in the permit application or supporting papers; b. failure by the permittee to comply with any terms or conditions of the permit; c. exceeding the scope of the project as described in the permit application; d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. 6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition· Applications for permit transfer should be submitted prior to actual transfer of ownership. Page 4 of 5 NEW YORK STATE DEPARTNIE~T~OF ENVIRONMENTAL CONSERVATIO]~ Facility DEC ID 1-4738-00578 ~ ~ NOV 1 0 ~OU~ ~ BOARD OF APPEALS NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless thc Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the p ermittec's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the p~l~it whether i~ compliance or not in compliance with the terms and conditions of the permit. This indemnification docs not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil fights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of thc Environmental Conservation Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of- way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permit~ee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairmeat of any rights, title, or interest in real or personal property held or vested in a person not a par~y to the permit. Page 5 of 5 I,"~R,VE¥ OF LOT #8~, I"I'"IAI= Of= E~IXIPON ESTA'T'E~" IFI! Fo HARr__.,H lb, Iq.4~ A~ it 14-/2 ,51TUATE-' 5Q/THOI-P TOPIN, 5b,'-TOLK COUNTY, Ih' SITE DATA: N gl,ELL.tHE, ROOF AREA 14i4 5J::. -- .. ~-. ~~*~, .-"---'~7~--~-"~'~i"~+~.-_-=.:.-.-=== --x_.NYSDEC ~ ~ ~ ~{//~'/o~Jx-~ JOHN C. E SURVEYOR 6Fe~STI~O~STRI~r 3(:~-8288F~x369~287 N.¥~q. LIC. NO. 50202 New York State Departmen of Environmental Conservat o n Division of Environmental Permits, Region One Stony Brook University 50 Circle Road, Stony Brook, New York 11790 - 3409 Phone: (631) 444-0365 · FAX: (631) 444-0360 Website: www.dec.state.ny.us Brace & Ora Heath 500 Hippodrome Dr. Southold, N.Y. 11971 MODIFICATION OF PERMIT Alexander B. Grannis Commissioner NO / il 0 August 6, 2009 ~O~R~ O~pp~g~ Re: Pemfit # 1-4738-00578 / 00003 Heath Property 500 Hippodrome Drive Town of Southold SCTM # 1000-066-02- 13 Dear Permittee: The Department of Environmental Conservation has completed its review of your May 19, 2009 request to modify the referenced Tidal Wetlands permit, which authorizes the expansion of an existing single family dwelling, including the addition of second story space over an existing single story section, two new, two-story additions with balconies, a pergola, patio and expanded stone driveway. The requested changes include the planting of a hedgerow of cypress trees along the north property line and the installation of fencing. We have determined, pursuant to the Uniform Procedures Regulations and the Tidal Wetlands Land Use Regulations, that the permit can be modified. Accordingly, the permit is hereby modified to authorize the planting of a row of cypress trees along the north property line and the installation of fencing as shown on the attached survey by John C. Ehlers, L.S. dated July 3 I, 2001, last revised May 8, 2009 and stamped "NYSDEC Approved Modification 8/6/09". All terms and conditions remain as written in the original permit. This letter is a modification of the permit and, as such, must be available at the project site with the original permit and all approved plans whenever authorized activities are being undertaken. I can be reached at (631) 444-0371 if you have any questions or need to discuss this determination. Thank you for your attention in this matter. Enclosure cc: BMHP file Sincerely, George W. Hammarth Deputy Regional Pen-nit Administrator ER]iP-.VEY' OF LOT #~, BLOCK "I"IAP OF= EIEIXIPON E~TA'I'E~' FIL~Fr) HARE, H 16, Iq46 A~ # 141'2 SITE DATA: N JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET 369~8288 Fax 369-8287 N.y.$.I~C. NO. 50202 RWERItEAD, N.Y. 11901 RF~.-\~mpaqse~'et~os~0 l't01-247 pmjnysed Imusc.j~o TOWN OF SOUTHOLD PROPERTY RECORI~ CARD .... ,~'~'~/'~'~' ~-~/"~ S W ~E OF BUILDING ~'::/< '~j SEAS. VL FARM COMM. CB. MISC. Mkt. Value ~,"" IMP.. TOTAl DATE. REMARKS ~. 4 - ' ~ '~ / ~' o o ~, ~- ~ ~ ,:.. . ....., /;~.~ 3~ '~?o~ ~ ~ ~' '~ - , ,. .'' ~ ;~mpl~ .FRONTAGE ON WA~R .... · Jrumlond ' ' FRONTAGE oN'RoAD / ~ ~ q~ D~H ' BULKH.~ '~1 " ...... D~K I 2. State existing use and occupancy of premises and intended use and occupancy of propoSed 6onst~ctio~. a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Addition Repair Removal Demolition Other Work Fee 4. Estimated Cost 7__cOo~ ' 5. If dwelling, number of dwelling units If garage, number of cars (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear .Depth Dimensions of same structure with alterations or additions: Front Depth Height_ Number of Stories Rear 8. Dimensions of entire new construction: Front Height Number of Stories Rear .Depth 9. Size of lot: Front Rear _Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO__ 13. Will lot be re-graded? YES NO __ Will excess fill be removed from premises? YES __ NO__ 14. Names of Owner of premises Name of Architect o% Name of Contractor Address Phone No. Address Phone No Address Phone No. 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 ora tidal wetland? * YES__ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES __ · IF YES, PROVIDE A COPY. NO STATE OF NEW YORK) SS: COUNTY 0t~ ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, CONNIE D. BUNCH Notary Public, State of New Yor~ No. 01BU6185050 (S)He is the qual fi~d in Suffolk O. ount} , ^ (Contractor, Agent, Corporate Officer, etc.) Comm~ss~0n Exp r,~ ^ *.: .... ~ ok, of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this , ~ q'~ dayof ~)¢~-~c~. 20 ©~ Notary Public TOWN OF SOUTHOLD BUILDII~'G DE~PARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined 20 __ PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying'? Board of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Approved ., 20 Mail to: Disapproved a/c Phone: Expiration ,20__ Building Inspector APPLICATION FOR BUILDING PERMIT Date Io/~k ,20o, 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, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applic~.~, ~.~rporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ~ e,,c o o., cxr~ (D ¢~- hO~,4'~ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Tradds License No. Location of land on which proposed work will be done: 5-o0 House Number Str~e{ Hamlet Lot I~ County Tax Map No. 1000 Section ~o 6 Block Subdivision Filed Map No. Lot ELLIOT AND ORA JEAN HEATH~ 500 HIPPODROME DRIVEl SOUTHOLD Figure 1. Looking northwest at southerly side of house and 1) one-story porch and second-story deck to be replaced with two-story addition and front entry poreh and steps (left); and 2) proposed location of two-story addition to southeasterly corner of house (righO. Figure 2. Looking east at northerly' side of house and 0 proposed location of patio with pergola (righO; and 2) proposed location of twos-story addition to northeasterly corner of house (rear). ELLIOT AND ORA JEAN HEATH~ 500 HIPPODROME DRIVE~ SOUTHOLD Figure 3. Looking southeast from existing dwelling over easement driveway and toward Hippodrome Creek tidal wetlands 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.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville November 13, 2009 Zoning Appeal No. 6351 Transmitted herewith is Zoning Appeals No. 6351 of En-Consultants for Elliot & Ora Heath- 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, LWRP Consistency Assessment Form, Cover Letter from Eh- Consultants, Authorization Letter from Elliott & Ora Heath to En-Consultants to Represent them in this Matter, Notice of Disapproval from Building Department Dated October 16, 2009, 7 page of Recorded Deed, Letter from Board of Trustees Dated June 24, 2009 includes Survey, 5 Pages from Board of Trustees Dated August 20, 2008, 6 Pages of Permit issued from DEC, 2 Pages of Modified Permit issued from DEC, 2 Pages of Photos, Copy of Property Record Card, Survey Showing Existing & Proposed Construction Dated October 30, 2009 Prepared by John C. Ehlers Land Surveyor, 2 Pages o£Floor Plans. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 11/12/09 * * * RECEIPT * * * Receipt~: 61325 Transaction(s): Application Fees Reference Subtotal 9236 $600.00 Check#: 9236 Total Paid: $600.00 Name: En-consultants, Inc. 1319 North Sea Drive Southampton, NY 11968 Clerk ID: CAROLH Internal ID: 9236 zBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP ~ RECEIVED 9236 $600.00 # 6351 :Heath, Elliot & Ora NOV 12 200~ S ufhold Town ¢ler~ TOTAL ', $6o0.0o Sent via Inter~.~ffice to Town Clerk by: Thank you. ~; ES EN-CONSULTANTS, INC. 1319 N. SEA RD. PH. 631-283-6390 SOUTHAMPTON, NY 11968 PAY ORDBR OF . DATE 9236 ~/~4 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.north fork.net BOARD OF APPEALS TOWN OF SOUTItOLD 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: 10:10 A.M. ELLIOTT B. & ORA J. HEATH #6351. 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, (2) less than code required rear yard setback of 35 feet, at 500 Hipppodrome Dr., Southold. CTM: 66.2-13. Zone District R-40. 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: January 26, 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 $outhold, NY 11971-0959 ZONING BOARD OF APPEALSl P.O. Box 117~ $outhold, NY' 11~71-095g (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 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 al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property 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 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 arran.qements were made in either a written statement, or during 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 Mailin.q (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 returned 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 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 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 Encls. STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) eOA~O 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 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 11th day of February. 2010. Principal Clerk Sworn to before me this 1~ dayof ~ 2010. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAM E HEATH, E. & O. #6351 MAP # 66-2-13 VARIANCE SETBACKS REQUEST Additions/Alterations DATE: THURS, FEB 25, 2010 10:10 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 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 Kathryn A. Campbell c/o Sullivan & Cromwell, LLP 125 Broad Street New York, NY 10004 RE: Elliot & Ora Heath 500 Hippodrome Dr., Southold, NY SCTM# 1000-66-2-13 Dear Ms. Campbell: We are in receipt of the materials sent to the Board regarding the Right of Way easement over the Heath's property. The Public heating was held on February 25, 2010, and it was closed and once that is done, no new material can be accepted and entered into the record. Chairperson ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of El llott B & Ora J ~Ieath Ct,lame of Applicants) CTM Pamel #1000- 66-2-13 ..( t AFFIDAVIT OF MA/LINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) [,Robert E. Herrmann l~ffRigat 1319 North Sea Rd., Southampton , New York, being duly sworn, depose and say that; On the :~ da3, of~-el~dla~r~r~2~!_0_, I personally mailed at the United States Post Office in Southampton , New York, by CERT~IED MAIL, RETURN RECEI~T REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (~ Assessors, or ( ) County Real Property Office , for every property which abuts m~d is across a public or priv,fie street, or vehicular right-of-way o£ record, surrounding the applicant's property. , F~(Signature) -- ~ Sworn to before me th/s ~'~ day of ~ , 208' 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. SCTM # 1000-66-2-13 1000-66-2-12 Kathryn Campbell 125 Broad Street New York, NY 10004 1000-66-2-15 Anne Buckley PO Box 764 Southold, NY 11971 1000-66-2-14 Elizabeth Ann Clayton 323 West 83rd St., Ste 6D New York, NY 10024 1000-66-1-6 Town of Southold PO Box 1179 Southold, NY 11971 1000-66-2-34 Helen Lubrano 10283 Sevenleaf Drive Spring Hill, FL 34608 1000-66-1-37 Robert M. Daly PO Box 398 Southold, NY 11971 FEB 8 2010.~, EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING February 5, 2010 Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Fax: 765-9064 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283~6136 www. enconsultants.com RE: ELLIOTT B. & ORA J. HEATH - 500 HIPPODROME DR., SOUTHOLD Dear Board Members: As you requested, we enclose 6 certified mail receipts from the mailing for the public hearing scheduled for February 25, 2010. Also enclosed is the affidavit of mailings signed by Robert E. Herrmann and notarized with a list of owner names and addresses to which notices were mailed and a copy of the legal notice. Truly yours, Linda E. Nappi Administrative Assistant enclosures OFF CJAL USE Here / HELEN LUBRANO 10283 SEVENLEAF DRIVE SPRING HILL, FL 34608 m TOWN OF SOUTHOLD POBOX 1179 SOUTItOLD, NY 11971 ANNE BUCKLEY PO BOX 764 SOUTHOLD, NY 11971 USE m Is~r° ELIZABET~aAoNN CLAYTON = ~.,~i. 323 WEST 83 STREET ST = .' , E 6D U S E Certified Fee C:3 Return Receipt Fse ~3 (Endorsement Requited) Restricted Delivery Fee =--1 (Endorsement Required) ru ~., JSont TO KATHRYN CAMPBELL ca I~rr;;,74br~ 125 BROAD STREET r-- ~.o._~_%.~.~ NEW YORK, NY 10004 ', Postmar~ u" L ROBERT M DALY ca PO BOX 398 r,- SOUTHOLD, NY 11971 I F USE P~tage · Comp~e ~em~ 1, 2. and $. A~o comp~e ~em 4 ff Ree~ed D~e~ ~ de,md. · Pdr~ your rmme and addrees o~ ~e mveme so ~m we can ~um ~e amd ~ you. · Attain thla tn~l to tl~ ba~k of the mallg4et~, ANNE BUCKLE¥ PO BOX 764 SOUTHOLD, NY 11971 r'l Exp~a iv~ r~ Return Rec~pt for Me~ [] C.O.D. 2.~N~ 7009 2820 0000 8935 3820 · Complete items 1, 2, and 3. Also somplete · Print your name and address on the reverse so that we can tatum the card to you. · Attach this card to the back of the mailplece, or on the flont if space permits. A. $1gnetur~ x B. Recalved ~ ( P~nted Name) D. Is dallve~y address different ft~n Item 17 If YES, enter dalive~y address below: [] No ROBERT NI DALy PO BOX 398 SOUTHOLD, NY 11971 2. Article Number (Transfer from servh:e Ps Form 3811, February 2004 [] C_,edffied Mall[] Express Mall [] Registered [] Retum Receipt for M, [] In~Jred Mall [] C.O.D. 4. Rest~cted D~3,? ,..................~ Fee) [] 7009 2820 0000 8935 3783 · Comp~e ~ems 1, 2, and 3. A/mo complete I~ 4 If Reet~-'ted DellvIy Is deelred. · Pflr~ your name and .ddrees on ~e reveme so th~ we can n~um ~e crud to you. · A~ch th~ card ~ the beck a~ the n~lp~ce, A. 81gnmum D. I~ dall~ adG=~ ~ from I~m 17 I-I ye~ ff YES, enter dalivery addres~ balow: •No HELEN LUBRANo 10283 SEVENLEAF DRIVE SPRING HILL, FL 34608 · s Fom~ 3811, February 2004 I'1 Iml,~,~¢l MM I-I C.O.D' 7009 2820 000D ? 8935 3806 ZONING BOARD OF APPEALS TOWN OF 8OUTHOLD: NEW YORK - - -~- -1-1~i_ .q:kk ..tL.fl~:~...ii~t~ ................ X In the Matter of the Application of lllliott & Or. Hoa~h (Name of Applio~) AFFIDAVIT OF SION POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000-66 ' 2 ' 13 COUNTY OF SUFFOLK) STATE OF I~W YORK) _ ~, New York, bein dul, sworn d; .. On.the. I~'p'' day o~ ~.z~.lzo,~at , ~o lO, I ~rson~l., ~lac~ pro~, locatM ten Q0) f~t or closer f[om ~e s~t or fi~tmf-Way (~vemy entr~) - hci~ ~e s~t or facing each s~t or fight~f-way en~ce;* ~d ~t t hereby ~m ~t ~e Poster Ms rema~ed in pla~ for seven days prior to tb~t ~te of the subject hemng date, w~ch he.rig date ~ shorn to be (Si~re) Sworn to before me t~s ~yof~ ,2~/~ ' *near the entrance or driveway entrance of my property, as the area most visible to passersby. Office Location: Town Annex/First Floor, C~pital 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 16, 2009 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6351 Heath, Elliot B. & Ora J. Dear Mark: We have received an application for additions and alterations to an existing single family dwelling on non-conforming lot. 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 procedfires of LWRP Section 268-5D is requested within 30 days of receipt of this letter. 'hank you. Very truly yours, Gerar~kP 3oeh[inger Chai~ !1 By: Encls. Office Location: ~ Town Annex/First Floor, Eapitai One Bank 54375 Main Road (at You_figs 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 13, 2009 Mr. Thomas Isles;. Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY i11788-0099 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 # 6351. Owner/Applicant: Heath, Elliott B. & Ora J. Action Requested': Additions and alterations to existing single family dwelling. Within 500 feet of:~ ( ) State or County Road . (X) Waterway (Bay, Sound, or Estuary) · ( ) Boundary of Existing or Proposed County, State, Federal land. ',~ ( ) Boundary of Agricultural District ~ ( ) Boundary of any Village or Town .; If any other ~nformat~on ~s needed, please do not hesitate to call us. Thank you. Very truly yours, Gera~3'~ 3oe ri ger ZBA(~I "n~ ~ By: ~ Encls. EN-CONSULTA'NTS, INC. / ::: ? ~.enconsult~nts.~ 1319 NORTH SEA ROAD, SOUTHAMPTON, NEW YfIb?K_11~968,~'-~:~ ~,~ J :ae~:: 663311:~33:66136 SITE DATA: D~]ON: AREA: LOTCO¥I~,AG~ PROPERTY: LANDWARD OF WETLANDS ~,BO~ S.F. EXISTING ~ PROPOSED HOUSE: 1,4~4 S.F. ~2.19% PROPOSED PORCH, STOOP. PATIO 239 S.F. 02.06% SHEDS 272 S.F. 02.34% EXISTING & PROPOSED LOT COVERAGE: 1.980 S.F. 17.06% DEC ADJACENT AREA BETWEEN NETLANDS AND VAN TUYL 10 CONTOUR LINE OF 1982 8, 400 S.F. EXISTING IN DEC ADJACENT AREA 5 S.F. 0 06% ADDITIONS IN DEC ADJACENT AREA 219 S.F 1.95% O PII:~ FOUND LOT AREA TO MAP LINE 15,,11~ 5.F. OR O.~5 AORE FI F-'VATION5 ~ TO MSL N~V~ PARE, EL REDtDE5 IN 7.O~E R--40 ~ YAI~ 55' TI[~_ ~ I~:AJN~¥ A~ [;~.LINE~NTE~ ~ EN-C~ONE~U~T~NT~, Inc. ON ~-21-2oO~ ~N~ LOG^TED ~ ~RAPHIC ~ALE I"= ~D' I D I~ ~ I N AC-T-T-T-T-T-T-T-T~E CALC, ULATION~, ]~1;:1 I IN~ ROOF AREA 1414 1414 X O.13 X 14) = 241 C..F. 241 / 42.24 = 5.6q V.L.F. ~IRED PW. OVI~E 2 ~5'-O" DIA. X D'-O" DEPTH I::~.AI~ POOL5 tDN/ PROP~P IDRYI,"~LL · 6 , JOHN C. EHLERS LAND SURVEYOR 6 EAST ~ S~ET 369-8288 F~ 369-8287 N.Y.S. LIC. NO. 50202 ~~, N.Y. 11901 ~F.-%Comp~se~erXprosX01 X01-247 pro~sed house.pro OF LOT #8, tDLOC, K. 4 "MAP OF: E~IXIDON E---~TAT'E--S' FI! ~ HARC, H 16, Iq,'~ A~ # 14"/2 511UATE.- ~LP TOl'f~: .~:~:)UI'HOLI2 .G~IL~VE'tl~D O-/-~,1-OI ~ LOOATION 0"I-24-200~,0~-21-200~ C, OUI,~P¢ TAX ~IOOO - ~ - 2 - ID : C, ERTIFID TOJ Ol~k JEAN I-r:ATH ELLIOT ~ I-.I~TH III SITE DATA: 272 $.F. 02.34~ 8.4O0 $.F.' EX[STING IN DEC ADJACENT AREA 5 S.F. O:06X APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD DATE ,~,~/¢ ~ o ~ LOT N~E.A TO HAP LIFE 15JID 5.1=. OR 0.~5 ~ R P/ATIOt~ i~.~ i..~ TO HSI- I,~VD '2q C~JU:~HIC, Ex~ALE I"= ~0' % N 1414 X oJ-I x IS = 2~ll G.I=. ':',ti / 42.24 = I:'ROVII:~5 2 I~'-0" ~ X ~'-0" l;;l::l-qH DI~I~.POOL~ 6 VI-Fo SEP 2 4 ~-:,-'n JOHN C. 6 EAST MAIN STREET 369-8288 Fax 369-8287 N.¥.S.l.,IC. NO. 50202 R1VE~IEAD, N.Y. 11901 I0.2 '- ~ 2 ~TORY ADDITION }