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HomeMy WebLinkAbout6355 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road 1~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 Southold Town ClerS FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 22, 20'10 ZBA FILE: 6355 NAME OF APPLICANT: Joseph and Rita DeNicolo PROPERTY LOCATION: 3475 Wells Ave., (adjacent to Jockey Creek) Southold, NY CTM 1000-70-4-6 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated 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. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a non-conforming, 20,516 square foot, waterfront parcel located in the R-40 District. The northerly lot line measures 101.07 feet along Wells Avenue, the easterly lot line measures 212.92 feet, the southerly lot line measures 106.03 feet, mostly following a wood bulkhead along Jockey Creek, and the westerly lot line measures 204.62 feet. The parcel is improved with a single- family dwelling and a detached accessory garage, as shown on the revised site survey drawn by Nathan Taft Corwin III, Land Surveyor, and dated March 10, 2010. BASIS OF APPLICATION: Request for variance from Code Section 280-116(B), based on an application for building permit and the Building Inspector's October 5, 2009 Notice of Disapproval concerning proposed demolition, additions and alterations to a single family dwelling, 1) less than the code required bulkhead setback of 75 feet, at 3475 Wells Ave., Southold, NY. CTM#: 70- 4-6. RELIEF REQUESTED: The Applicant proposes to demolish the existing one story dwelling and detached garage on this parcel, including the non-conforming section, which is located 64 +/- feet landward of the wood bulkhead. The Applicant proposes to retain the existing footprint of this non-conforming area, raise the foundation two feet, and re-build this section as a somewhat taller one story structure attached to the rest of the new, two story single family dwelling. The Applicant seeks a variance to maintain the existing setback from the bulkhead. ADDITIONAL INFORMATION: The Applicant submitted a Wetland Permit dated Feb. 18, 2009, issued by the Board of Town Trustees granting approval of the Applicant's proposed project. The Applicant also submitted a Letter of Non-Jurisdiction, dated March 20, 2000, issued by the NYS Department of Environmental Conservation. Per the Boards' request at the Public Hearing Page 2- April 22, 2010 ZBA File#6355 - Joseph and Rita DeNicolo CTM: 1000-70-4-6 at 3475 Wells Ave., (adj. to Jockey Creek) Southold, NY held March 25, 2010, the agent for the applicant submitted a revised survey, dated Apdl 1, 2010 prepared by Nathan Taft Corwin, [11 Land Surveyor, showing the 75 foot setback area from the bulkhead and the exact setback of the existing attached rear deck of 63 feet and a foundation plan dated 4/6/10 prepared by Richard M. Suter, Registered Architect, depicting the existing foundation and proposed foundation. It is noted on the foundation plan that all existing foundation walls on the waterside will remain and be raised 16 inches to allow for an even floor level throughout the first floor of the new dwelling. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public headng on this application March 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: 1. Town Law §267-b(3)(b)(1). Grant of the vadance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Board does understand that when the Applicant demolishes the non- conforming part of the existing structure, then at that time, the non-conformity ceases to exist, and further, that the Applicant also relinquishes any right to retain the non-conformity without a variance being granted. The Applicant proposes to construct a new, somewhat larger, non-conforming structure, in a location that does require variance relief for the setback from the bulkhead along Jockey Creek. Although the Applicant is not expanding the existing foundation footprint, the Applicant is increasing the overall size of the non-conformity by the proposed upward expansion of building height by two feet within the non-conforming area. However, the Board finds that other properties in the surrounding neighborhood have been granted variances relating to bulkhead setbacks, and that the granting of this particular variance will not have any additional detrimental effects on the character of this neighborhood or nearby properties. 2. 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. The applicant's parcel is relatively small, both in width and length, making it difficult to locate the proposed new single family dwelling with an attached garage, a new septic system, and a new driveway without the granting of a variance. If the building was located further landward, so that it conformed to the required bulkhead setback, it would create a hardship in the placement of both the septic system, and the driveway, and the Applicant would likely require a front yard setback variance from Wells Avenue. 3. Town Law §267-b(3)(b)(3). The variance granted herein is not substantial. The Applicant requests a 13.6% variance relief from the required distance to the bulkhead. The foundation plan shows the existing bulkhead setback will be maintained and the foundation will just simply be raised, thereby maintaining the pre-existing non-conforming setback from the bulkhead. 4, 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. By the raising of the existing foundation, the applicant will maintain the pre-existing seaward wall setback and no additional land disturbance will be created. The Applicant has a valid Wetlands Permit issued by the Board of Town Trustees and a Letter of Non-Jurisdiction issued by the NYC DEC. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created, since the Applicant chose to replace the non-conforming section, which after the demolition, requires a new vadance relief for the distance to the bulkhead. 6. Town Law §267-b. Grant of this variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new single family dwelling on this waterfront property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Homing, seconded by Member Goehdnger, and duly carded, to GRANT the variance as applied for, and shown on the survey dated April 1, 2010 prepared by Nathan Taft Corwin, III, Land Surveyor and Foundation Plan page #A-2 dated 4/6/10 prepared by Richard U. Surer, Registered Architect, and architectural plans by Richard U. Suter, Architect dated 8-25-09 pages Al, A2, A3, A4, A5, A6. Page 3- April 22, 2010 ZBA File#6355 - Joseph and Rita DeNicolo CTM: 1000-70-4-6 at 3475 Wells Ave., (adj. to Jockey Creek) Southolc[ NY Any deviation from the survey, site plan, foundation plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. 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 dght to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio, Goehringer, Homing, Schneider, Weisman (Chairperson). This Resolution was duly adopted (5-0). r,~e"~'anes Weis~n,an, Chairperson Approved for filing '~/,~¢/2010 RE ,C::~IVED ~___. /0 Southold Town Clerl EXISTING LOT COVERAGE DATA DESCRIPTION AREA % LOT COVERAGE HOUSE 1,658 sq. ff. 8.0% GARAGE 566 sq. ft. COVERED WOOD PORCH 175 sq. ff. 0.9% & WOOD LANDING WOOD DECKS & WALK 680 sq. ff. 3.3% TOTAL 3,099 sq, ff. 15.0% DI.0'/' ,. % / LOT(~ ~ ×MI 10/ PROPOSED LOT COVERAGE DATA DESCRIPTION AREA % LOT COVERAGE EXISTING HOUSE 1,658 sq. fi. 8,0% EXISTING DECK 569 sq. ft. 2.8% PROPOSED ADDITIONS 1,463 sq. ff. 7.1% PROPOSED DECK ADDITION 1.51 sq. ff. 0.6% TOTAL 3,821 sq. fl. 18.5% $ BO' 2~'30" joCI< 79 .~_3 TEST HOLE DATA (TEST BOLE OB~ BY McOOMALO ~EOBCI£NO£ OM O£~EMBER 27, 2D07) SURVEY OF LOT 6 MAP OF PLAN OF LOTS OWNED BY GEORGE B. WELLS FILE No. 859 FILED NOVEMBER 28, 1927 SITUATE SOUTHOLD TOWN OF SOUTHOLD F RECEIVED SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-70-04-06 SCALE 1 "=20' SEPTEMBER 13, 1999 FEBRUARY 21, 200D UPDATE SURVEY cz ADDED TOPO. JULY SD. 2008 ADDED PROPOSED ADDITIONS DECEMBER 2, 200D SET LATH FOR SITE INSPECTION DECEMBER ~0, 2008 REVISEB AS PER LETTER DATED 12/tD/2008 FEBRUARY 22, 2009 REVISE NON-TURF DUFFER TO 15' WIDE JULY 20, 2009 REVISED MARCH 10, 2010 ADDED WELL LOCATION ON LOT TO THE EAST & REVISE PROPOSED SEPTIC SYSTEM APRIL 1, 2010 ADDED 75' SETBACK & SETBACK TO DECK FROM BULKHEAD APR 1 ~ ZOfO BOARD OF APPEALS AREA 20,516 sq. (1'0 BULKHEAD CZ TIE LINE 0.471 cc. ON FEBRUARY 21, 2008) ff. CERTIFIED TO: RITA DENICOLO JOSEPH DENICOLO NOTES: 1. ELEVATIONS ARE REFERENCED TO 6. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. S6103C0166 ZONE X*: N.O.V,D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:~ EXISTING CONTOUR LINES ARE SHOWN THUS: -~o-- MINIMUM SEPTIC TANK CAPACITIES FOR 5 BEDROOM HOUSE 1 TANK; B' DIA. 5' LIQUID DEPTH MINIMUM LEACHING SYSTEM FOR 5 BEDROOM HOUSE 2 POOLS; 8' DEEP, 8' dia. ( '~ PROPOSED EXPANSION POOL (~PROPOSED LEACHING POOL ~PROPOSED SEPTIC TANK THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS, EXISTING SEPTIC SYSTEM STRUCTURES SHALL BE PUMPED CLEAN AND REMOVED IN ACCORDANCE WITH S.C.D,N.S, STANDARDS. ZONE X: IS 1,500 GALLONS. IS 400 sq ff SIDEWALL AREA. FIELD AREAS OF 500-YEAR FLOOD; AREAS OF IO0-YEAR FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM IO0-YEAR FLOOD. AREAS DETERMINED TO BE OUTSIBE 500 YEAR FLOODPLAIN. DRAINAGE SYSTEM CALCUIMTIONS: ROOF AREA: 3,121 sq. ff. 5,121 sq. ft. X 0.17 = 531 cu. fi. 551 cu. ff. / 42.2 = 13 vedfcol ff. of 8' dim. leeching pool required PROVIDE (2) 8' did. X 7' high STORM DRAIN POOLS PROPOSED 8' DIA. X 7' DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS: TD8 EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. N.Y.S. Lic. No, 50487 Nathan Taft Corw,n III Land Surveyor PHONE (631)727-2090 F~x (631)727-1727 23-B31DI .S. U T 'E R A~D S U T. E R DESIGN ARCHITECTURE LANDSCAPE PO. BOX 1709 '124 JESSUP AVENUE QUOGUE, NY 119~ 63 i 6~3.3877 www.sutemndsum~.com FAX 631.653.3878 h/ '1 IINAL MAP EVIEWED BY ZBA SEE DECISION # ~~jb~ DATED__.~. I~- I~/ ~ RECEIVED APR 1,6 ~OlJl BOARD OF APPEALS 1/2,. ~I =1 ~, 'X ,A P~'l~ _~ol Age, 'FoP oF SLth~ -,1 FINAL MAP REVIEWED BY Z: ;EEDECISION # .~ IATED~_ I ~ ~-I~__~ S U T E R S U T, E R DESIGN ARCHITECTURE LANDSCAPE P.O. BOX 1709 1/24 JESSUPA:i~U: QUOOUE,NY 1].959 63 1.653.3877 www, suterandsuter, com FAX 631.553,3878 S. U T E R AND S U T, E R DESIGN ARCHITECTURE , LANDSCAPE '-2:_..:~_~._.¢~:~L_0:,,..i ........ '_ .i___.h ...... [~_._¢.1, ..~_...0~i :7' P.O. BOX 1709 1/24 JESSUP AVENUE QUOGUE, NY 1t959 63 1.653.3877 www. suterandsuter, com FAX 631.653.3878 44,~t' 48"t~la~ I VIEWED BY ZBAI NO V ~ ,~ 2009 HOLLOW COLUMN UPLIFT CONNECTIONS Ancgeru,~!aBil Mm Aflchc~r End Edge Tension Connection Instaliatbn 1 ded Rod ), CN Coupler Nut d ~ T E R AN~ S U T E R DESIGN ARCHITECTURE LANDSCAPE P.O. BO.X 1709 ! 24 JESSUP AVENUE 'QU, OGUE: NY I i 959 6 3 1 . 6 5 3I3 8 7 7 www. suterandsuter, com F AX 6 3 I. 6 5 3.3 $ 7 8 b r@ lb ,/. L I J Figure 3.8a Corner Stud Holddown Detail - 3 Studs With Blocking "246d Common ED BY ZBAI I~OV ~ 4 2009 aOARD OF TECHNICAL BULLETIN .CONNECTIONS AROUND WALL OPENINGS. W?m 2.~.3.7, 3.2.5.4 opanlng be tied down to a stud group below (if tho opening is on an upper story) ; S~an S~an 9b-iVt~H r ~Ob~P~ 96~PH" 48 ~8.__ 1,788 I 2,448 572 12 3,282 4,506 / ~58 %056-- S U T E R ~ND S U T E R DESIGN " ARCHITECTURE * LANDSCAPE P.O. BOX 1709 124 JESSUP AVENUE QUOGUE, NY 11959 63 1.653.3877 www, sut~randsuter, com FAX 631 653.3878 i:¸ 'C ,~h J / ............... :--\ ......... x ........... _~:I2F_ r:t. · 'INAL MAP tEVIEWED BY ZBA SEE DECISION # /r~-~55~ DATED ~1~ ~-I ;a. lo NO V 2 4 2O09. BO'~RD Oi= AppEA: ,, WIND-BORNE DEBR S PROTECTIONFASTENING FOR WOOD STRUCTURAL PANELS. For Max. 33'-0" MEAN ROOF HGT. HOUSES A.P.A. SPAN RATED 48124 GRADE 15/32 STRUCTURAL SHEATHING -OVERLAP oPENING MIN. 4' TO ALLOW , FOR FASTENER CONNECTION AND 2X4 :q SUBSTRATE WHERE'REQ'D. ALL METAL PARTS TO BE GALV. OR STAINLESS STEEL ALL PANELS, SUBSTRUCTURES, AND FASTENERS TO BE HUNG 0NDE,I~ THE J-lOUSE, O R, 124 JESSUP AVENUE QUOGUE, NY 11959 S. U T E R ^N~ S U T. E .... R;--'k DESIGN · ARCHITECTURE * LANDSCAPE P.O. BOX I709 FAX 631.653.3878 · 63 1.653.3877 www. suterandsuter, com t FINAL MaP REVIEWED BY ZBl SEE DECISION #. ,~ DATED ~1 ~l~ot~ FINAL MAP REVIEWED BY ZBA SEE DEOISION # DATED 4~$ S U T E R AND S U T E. R DESIGN EO. BOX 1709 ARCHITECTURE ~.~.~jj~lj~''~C--'~--LANDSCAPE ~24 JESSUP AVENUE QUO, OUE, NY II959 63 I .653.3877 FAX 631.653:3878 TO: FORM NO. 3 NOTICE OF DISAPPROVAL En-Consultants, Inc. For: Joseph & Rita DeNicolo 1319 North Sea Rd. Southampton, NY 11968 NO ~,, 2 4 ZUO~ DATE: October 5, 2009 Please take notice that your application dated September 29, 2009: For permit for demolition, additions and alterations at: Location of property: 3475 Wells Ave., Southold, NY County Tax Map No. 1000 - Section 70 Block 4 Lot 6 Is returned herewith and disapproved on the following grounds: The proposed demolition, additions and alterations on this non-conforming 20,516 sq. ft. lot in the residential R-40 District, is not allowed pursuant to Article XXII, section 280- 116 (B), which states "Ail building or structures located on lots upon which a bulkhead ...exists... shall be set back not less than 75 feet from the bulkhead." The survey sho~vs a proposed setback of 63 feet from the bulkhead. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application ]nay require further review by the Southold Town Building Department. CC: file, Z.B.A. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE RECEIVED BOARD QF APPEALS 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 W 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 Municipal File Numbers Ketterer (Gwyneth) & Kykes (Mary) Heath, Elliot & Ora McCarthy, Christopher De Croisset, Nicholas DeNicolo, Joseph & Rita Ramone, Julien & Claudia TRK:ds 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 HIGHVVAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 \/ \L ~ x OFFICE LOCATION: ~)/ \~¥ Town Hall Annex (~9/ ~' 54375 State Route 25 \? (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 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. 6355 DeNicolo SCTM# 70.-4-6 The Board of Trustees issued a permit for the proposed action on February 19, 2009. The permit includes best management practices that further the LWRP policies. 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. Pursuant to Chapter 268, the Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Fee: $___ Filed By: Office Notes: For Office Use Only Date Assigned/Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House N0.3475 Street WELLS AVENUE Hamlet SOUTHOLD SCTM 1000 Section 70 Block 4 Lot(s) 6 Lot Size 20,516 S.F. Zone DistrictR-40 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: OCTOBER 5, 2009 BASED ON MAP DATED JULY 20, 2009 Applicant(s)/Owner(s): RITA & JOSEPH DeNICOLO Mailing Address: 3 VALENTINE DRIV E, ALBERTSON, NY 11507 Telephone: 516-248-8898 Fax: NOTE: In addition to the above, please completed below if applicant is signed by applicanfs aaomey, agent, architect, builder, con rac 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 Fax:631-283-6136 Email: RHERRMANN~ENCONSULT^NTS.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 AN APPLICATION DATED: 9/25/o9 FOR: Other: 7/20/09 and DENIED [] Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article XXll Section 280- 116 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 [] has not been made at any time with respect to this orooertv. UNDER Appeal No. Year . (Please be sure to research before completing this question or call our office for assistance). Name of Owner: RITA & JOSiaH DeNICOLO ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer~s signature): AREA VARIANCE REASONS. (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: 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: SEEATTACHED (3) The 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 00No. SEE ATTACHED Are there any Covenants and Restrictions conceming this land: 15tlNo [-]Yes(pleasefurnishcopy). 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 P~ASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) ~r~ Sworn to before me this lC)th d~~~ Signature oi~Appellant or Authorized Agent (Agent must submit written Authorization from Owner) ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST AREA VARIANCE REASONS FOR APPEAL Granting of the requested relief will cause neither an undesirable change in the character of the neighborhood nor a detriment to nearby properties because the portion of the project for which relief is requested, i.e., the in-place reconstruction and raising of the existing 19.7' x 20' one-story waterfront portion of dwelling and attached deck, will not create a substantive change even to the existing condition of the waterside of the dwelling insofar as the dwelling and deck will be reconstructed without expansion and therefore without an increase in nonconformity with respect to their setback from the bulkhead. 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 variance sought is needed to reconstruct the _+394 square-foot portion of the existing dwelling and attached deck already located less than 75 feet from the bulkhead. In fact, this one aspect of the project is part of a larger renovation that has been specifically designed to maintain use of the existing house foundation and limit all proposed footprint additions and vertical expansion to conforming locations on the property that are farther from the bulkhead than the existing dwelling. In fact, the alternative of leaving the most seaward one-story portion of the house intact and elevated two feet lower than the rest of the newly constructed portions of the dwelling was originally pursued by the applicants and permitted by the Board of Trustees in February 2009, but a more exhaustive review of this alternative from various construction, financial, practical, and aesthetic perspectives led the applicants to pursue the relief requested herein. The amount of relief requested is not substantial because no relief in excess of existing conditions is requested. That is, neither the waterfront deck nor the portion of the dwelling requiring setback relief from the bulkhead will be expanded upward or outward, and thus their respective _+65' and _+63' setbacks from the bulkhead will be maintained. Mathematically, a maximum of 12 feet or 16 percent relief from the required bulkhead setback must be requested to maintain existing conditions. Granting the requested relief will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the portion of the project requiring relief is, as described above, part of a larger renovation that has been specifically designed to locate all proposed footprint additions and vertical expansion to conforming locations on the property that are farther from the bulkhead than the existing dwelling. No footprint or vertical expansion of the waterfront portion of the dwelling or deck is being proposed, only the in-place reconstruction and raising of those features with no additional encroachment on the bulkhead or adjacent tidal wetlands. Nonetheless, to minimize any potential site impacts of the project as a whole, the project incorporates specific environmental mitigation measures, including the use of pervious gravel material for the proposed driveway; installation of a drainage system of leaders, gutters, and a drywell to capture and recharge roof runoff; installation of a new, upgraded sanitary system located more than 100 feet from the bulkhead; and the 5-foot expansion of an existing 1 O-foot nonturf buffer to a 15-foot wide nonturf buffer adjacent to the bulkhead. The original project was approved by the Town Trustees pursuant to Wetlands Permit No. 7036, issued February 19, 2009 (see No. 2 above), and the current project including the in-place reconstruction of the waterfront portion of dwelling and deck was approved by the Trustees via permit modification on November 18, 2009. As indicated by the Tidal Wetlands Letter of Non-Jurisdiction issued by the New York State Department of Environmental Conservation on 20 March 2000, the project is located beyond the jurisdiction of the NYSDEC due to the presence of the existing, functional, pre-1977 bulkhead. 5. The need for variance relief is not self-created because relief is sought only to maintain the preexisting nonconforming location of the house less than 75 feet from the wetlands. Sworn to before me this / day of ~'~OLJ~r'~- ,20 L)9 . N~ary"Public L ~' · ' ' Ag Signature o t or Author]zed ent (Agent must submit written Authorization from Owner) RECEZVED BO.~RD OF APPEAL~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: RITA & JOSEPH DeNICOLO Date Prepared: NOVEMBER 19, 2009 I. For Demolition of Existing Building Areas Please describe areas being removed: Detached garage to be removed. RECEIVED NOV 2 BOARD OF APPEALS II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Variable dimensions: +/-1,463 s.f. Dimensions of new second floor: Variable dimensions: +/-1,105 s.f. Dimensions of floor above second level: +/-434 s.f. (attic) Height (from finished ground to top of ridge): 35' (max) Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: yes, 7' (max.) III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: One-story dwelling with attached deck and detached garage. Number of Floors and Changes WITH Alterations: Two-story dwelling constructed in place of existing dwelling, over existing foundation, and raised 2 feet with 2-story additions, attached garage, raised deck, and most seaward 19.7' x 20' portion of existing dwelling remaining as one story reconstructed over existing foundation and raised 2 feet. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 3,099 S.F. Proposed increase of building coverage: 722 S.F. Square footage of your lot: 20,516 S.F. Percentage of coverage of your lot by building area: 18.6% V. Purpose of New Construction Requested: Renovation & expansion of dwelling to add one bedroom (3 to 4); and 1.5 bathrooms (2 to 3.5); and to convert existing master bedroom to "keeping room," which is the portion of the dwelling that is the subject of the requested relief. 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 land slopes gradually downward from Wells Avenue to the existing bulkhead fronting Jockey Creek. The topography does not relate to the need for relief from the required 75-foot setback from the bulkhead. 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: RITA & JOSEPH DeNICOLO 3475 WELLS AVENUE~ SOUTHOLD SCTM #1000-70-4-6 RECEI'VED BOARD OF APPEAL~ Reconstruct in-place over existing foundation and raise by two feet the most seaward 20' x 19.7' portion of existing one-story dwelling; reconstruct in-place and raise by two feet existing wood deck; replace portion of existing one-story dwelling (in-place) with two-story dwelling constructed over existing foundation; construct two-story addition, approximately 14 square feet of which will be located within Chapter 275 jurisdiction; construct deck addition on easterly side of dwelling; and install new, upgraded sanitary system, pervious gravel driveway, and drainage system of drywells more than 100 feet from the bulkhead, all as depicted on the site plan prepared by Nathan Taft Corwin III, Land Surveyor, last dated July 20, 2009. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION ~ECE~VED BOARD OFAPPEAi~ Is the subject premises listed on the real estate market for sale? [] 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? YES 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//7036, ISSUED 2-18-09 & MODIFIED TO and if issued, please attach copies of permit with conditions and approved map. AUTHORtZE CURRENT PROPOSAL, 11-18-09. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting?NO (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel?NO the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel Residential, one-family dwelling with detached garage__o_r and proposed use Residential, one-family dwelling with additions & attached garage. (examp~: existing: single-family; proposed: same with garage or pool, or other description.) Authoriz6d S~'gnature and Date 2/05; 1/o7 ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST 14.16-4 (9/95)--Text 12 ~ PROJECT I.D. NUMBER SHORT 617.20 Appendix C State Environmental Quality Review ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only PART I -- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) I APPLICANT/SPONSOR: RITA & JOSEPH DcNICOLO BY I 2. PROJECT NAME I EN-CONSULTANTS, INC. 3 PROJECT LOCATION: Municipality SOUTHOLD County SUFFOLK SEQR FORM~63~--5 RECE/VED BOARD OF APPEALS 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) 3475 WELLS AVENUE, TOWN OF SOUTHOLD; $CTM #1000-70-4-6 5. IS PROPOSED ACT [] New i~N Expansion [] Modiflcation/aReration 6 DESCRIBE PROJECT BRIEFLY: Reconstruct in-place over existing foundation and raise by two feet the most seaward 20' x 19.7' portion of existing one-story dwelling; reconstruct in-place and raise by two feet existing wood deck; replace portion of existing one-story dwelling (in-place) with two-story dwelling constructed over existing foundation; construct two-story addition, approximately 14 square feet of which will be located withir Chapter 275 jurisdiction; construct deck addition on easterly side of dwelling; and install new, upgraded sanitary system, pervious gravel driveway, and drainage system of drywells more than 100 feet from the bulkhead, all as depicted on the site plan prepared by Nathan Taft Corwin Ill, Land Surveyor, last dated July 20, 2009. Initially 0.471 acres Ultimately 0.471 acres [~Yes [] No If No, describe briefly [] Residential [] Industrial [] Commercial [] Agriculture [] Park Forest/Open space [] Other [] Y e s LJ N o If yes, list agency(s) and permit/approvals SCDH, SOUTHOLD TRUSTEES []Yes [] No If yes, list agency name and permit/approval SCDH #RI0~09-0011 SOUTHOLD TRUSTEES # 7036 12. AS A RESULT OF PROPOSED ACTION WiLL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I--lYes []N o I CERTIFY THAT THE iNFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOV~-EDGE Applicant/sponsor name E. HERRMANN, COASTAL MANAGEMENT SPECIALIST D A T E NOVEMBER 19, 2009 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II- ENVIRONMENTAL ASSESSJ~T (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes. coordinate the review process and use the FULL EAr r-lyes r--INo B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 617,67 If no, a negative declaration may be superseded another involved agency J--lyes ~]YNo C. 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, shelffish or wtldlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A communJty"s existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain brie6 C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. R£CEZVED 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 OV2 200 BOARD OF APPEALs D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? r-JYes r--JNo 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 EAF and/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: Signature of Preparer (If different from responsible officer) Date APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the hart of town officers and emolovees. The our~ose of this form is to provide information which can alert the town of oossible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance ~ Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee 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 ~'~ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe 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 Form TS I Submitted this~day of~/~JOLr- 2005 Signature . PrintName t ~'s~,.~t~ ~.~-.~.~ts~q RECEIVED APPLICANT TRANSACTIONAL DISCLOSURE FORM NO (FOR SUBMISSION BY OWNER and OWNER'S AGENT) BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the To~vn of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: DC ~Ot r--O/..O (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so~ indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance ~ 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 empl,~ee owns more than 5% of the shares. YES NO Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this Signature: ~. ' ,t;,~-,~ Print Name~}-ToS C~£ t.-- AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEZVED ~0~ 2 ~ 2009 ~O~I~D OF AppNAL$ WHEN TO USE THIS FORP~ 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 alarm 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) RITA & JOSEPH DeNICOLO 4) Address of Land Owner: 3 VALENTINE DRIVE, ALBERTSON, NY 11507 5) Description of Proposed Project: Construct two-story dwelling in place of existing one-story dwelling with additions and renovations. 6) Location of Property (road and tax map number): 3475 WELLS AVENUE, SOUTHOLD; SCTM #1000-70-4-6 7) IS the parcel within an agricultural district? [~No l-lYes If yes, Agricultural District Number 8) Is this parcel actively farmed? [~No I-lYes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. L Name and Address (Please use back side of page if more than six property owners are identified.) The lot num. bers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938/;~the Zoning Board of Appeals at 765-1809. ~fy / '~V.~. 11/19 /09 'Signature of Appli~nt Date Note: 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 hoard 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 and/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 Town of Southold A. NOV ~ & ~009 LWRP CONSISTENCY ASSESSMENT FORM 8OARD OFAPPEALS INSTRUCTIONS 1. A I1 applicants for perm its* including T ow n of Southold agencies, shall corn plete this C C A F for proposed actions that are subject to the Town of Southnld Waterfront Consistency Review Law, This assessmentisintendedtosupplementotherinformationusedbyaTownofSoutholdagencyin m a k in g a d ete r m in a tin 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 suooortin~ and non- suooortim, facts. If an action cannot bc certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. 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 70 4 6 PROJECT NAME RITA & JOSEPH DeNICOLO The Application has been submitted to (check appropriate response): TownBoard ~] PlanningBoard~-] Building Dept. F--] Board of Trustees [~ 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: Reconstruct in-place over existing foundation and raise by two feet the most seaward 20' x 19.7' portion of existing one-story dwelling; reconstruct in-place and raise by two feet existing wood deck; replace portion of existing one-story dwelling (in-place) with two-story dwelling constructed over existing foundation; construct two-story addition, approximately 14 square feet of which will be located within Chapter 275 jurisdiction; construct deck addition on easterly side of dwelling; and install new, upgraded sanitary system, pervious gravel driveway, and drainage system of drywells mom than 100 feet from the bulkhead, all as depicted on the site plan prepared by Nathan Taft Corwin Ill, Land Surveyor, last dated July 20, 2009. Location of action: 3475 WELLS AVENUE, SOUTHOLD Site acreage: 0.471 ACRES ~OARD OF APPEALS Present land use: RESIDENTIAL, ONE-FAMILY DWELLING 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: RITA & JOSEPH DeNICOLO (b) Mailing address: 3 VALENTINE DRIVE ALBERTSON, NY 11507 (c) Telephone number: Area Code 516-248-8898 (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 all 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 III - 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 ~CkIVED 80ARD or= 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 The proposed expansion of the existing dwelling from one to two stories is consistent with the character of the surrounding developed waterfront community; and both the 2nd-story and footprint expansions will occur landward of the existing portion of house located closest to the water, which is to be reconstructed in-place over the existing foundation but not expanded. 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 [~ 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 [~ Yes [~ No [--] Not Applicable The project incorporates installation of a new and upgraded sanitary system located almost 150 feet from the bulkhead and a drainage system of leaders, gutters, and drywells to capture and recharge roof runoff from the expanded dwelling. The existing 10-foot nonturf buffer wilI be expanded in width to 15 feet. ensuring that the project is consistent with this policy. 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 The project is consistent with Policy 6 due i[ll[~l~rt to the installation of the upgraded sanitary ~l[m and drainage system as described above (Policy 5) and due to the maintenance and expansion of the existing nonturfbuffer landward of the bulkhead. Moreover, a project- limiting fence and staked haybales will be maintained during construction at the landward limit of the nonturf buffer. The project as a whole has also been designed to minimize disturbance closest to the wetlands and to situate the proposed footprint and vertical expansions to the landward side of the most seaward portion of the dwelling, which is to be reconstructed in place but remain as a one-story portion of the dwelling. Attach additional sheets if necessary 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 [--] NoE~ Not Applicable .... ~F APPEA~£ Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes ~'] No ~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. Yes [~ No~ Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's wat~lependent uses and promote siting~ new water-dependent suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. [~Yes [--] No[~ Not Applicable ~y53" L~a, ECE~rVED uses in 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 ~1 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. V--] Yes [~ No [~ Not Applicable PREPARED BY ~E RO . HERRMA~'- TITLE COASTAL MGMT SPECIALIST DATE 11/19/09 Amended on 8/1/05 RITA AND JOSEPH DEN1COLO, 3475 WELLS AVENUE~ SOUTHOLD tr'igure 1. LooMng along south side of existing dwellhtg toward Jockey Creek at staked location of proposed easterly two-story add#ion. Figure 2. LooMng north,[~'om direction of Jockey Creek at staked location ~'proposed easterly deck attd two-story addition. RITA AND JOSEPH DENICOLO~ 3475 WELLS AVENUE, SOUTHOLD Figure 3. Looking north from bulhhead at seaward portion of one-story dwelling and attached decl~ to be reconstructed in-place and raised two feet. Figure4. L~k#tg s~uth fr~t existing driveway at sta~ed locatio~ t~.pr~p~sed westerly 2-st~ry attaehed garage additi~n~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork, net/Southold/ Examined ,20 Approved ,20__ Disapproved a/c Expiration ,20.__ PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have er 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 Contact: Mail to: Phone: Building Inspector ~PPLICATION FOR BUILDING PERMIT -~ J INSTRUCTIONS ~ ~[gl- ........ a. Thi r . Pletely"lled in hy typewriter or in ink.d submi ed to the Bu.ding nspector w th 3 set of m ...... p an 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 Bull ding 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. EN-CONSULTANTS, INC. (Signature of applicant or name, if a corporation) 1319 NORTH SEA ROAD, SOUTHAMPTON; NY 11968 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder AGENT Name of owner of premises RITA & JOSEPH DeNICOLO (As on the tax roll or latest deed) If applicant i~corP~, ~at~e of duly authorized officer ,q' I o~ /¥~x.Z4~ (Nante (~d title of co~ bfficer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 3475 WELLS AVENUE SOUTHOLD House Number Street Hamlet County Tax Map No. 1000 Section Subdivision (Name) 70 Block 4 Filed Map No.. Lot 6 Lot 2. State existing use and occupancy of premises and intended use~and occupancy of proposed construction: a. Existing use and occupancy Residential, single-family dwelling with attached deck & detached garage. b. Intended use and occupancy Single-family dwelling with attached garage.& deck. 3. Nature of work (check which applicable): New Building Repair Removal x DemolitionX (garage) 4. Estimated Cost$550,000 Fee 5. If dwelling, number of dwelling units 1 If garage, number of cars 2 Addition X Alteration X Other Workdeck replacement & deck addition (Description) (To be paid on fling this application) Number of dwelling units on each floor N/A 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. N/A 7. Dimensions of existing structures, if any: Front 42' Height 18' Number of Stories 1 Rear 42' Dimensions of same structure with alterations or additions: Front 62' Depth' 74' Height. 29' Number of Stories 8. Dimensions of entire new construction: Front Height Number of Stories 9. Sizeoflot: Front. 101' Rear 102' Depth 56' Rear 58' 2 .Depth 213' 10. Date of Purchase. 3/15/00 Name of Former Owner Warren& Ellen Hufe 11. Zone or use district in which premises are situated R-40 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X NO__ 13. W'fll lot be re-graded? YES__ NO X Willexcessfillberemovedfi'ompremises?YESX NO 3 Valentine Drive 14. Nam:sofOw~ofpmmisesRita&JosephDeNicolo At~ssAlbertson, NY 11507 Ph~eNo. 516-248-8898 Name of Arohiteet Suter& Suter Address~oB ~709, Quo~ue,~v ~9s9 l~reNo 631-653-3877 Name of Contractor Address Ptrre No, 15 a~ Is this property within 100 feet of a tidal wetland or a fi'eshwater wetland? *YES X * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ofafidal wetland? * YES X NO__ * IF YES. D.E.C. PERMITS MAY BE REQUIRED. NO 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 __NO X * IF YES, PROVIDE A COPY. STATE OF NEWYORK) SS. COUNTY OF SUFFOLK) ROBERT E. HERRMANN being duly sworn, deposes and says that ts)he is the applicant (Name of individual signing contract) above named, /(g~He is the A GENT (Contractor, Agent, Corporate Officer, etc.) 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 true 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 ~__~.~day of SEPTEMBER 2009 , ~ ~m[.~... ~ ~reof Applicant '~,o~-7~-.,,¢'-~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREb-r C~¢//V_~ VILLAGE DIST. SUB. FOI~M~ROWNER., ~, ~-~ N E ACR. ~X r~ S W ~PE OF BUILDING (ES. ~¢ S~S. VL FA~ COMM. CB. MISC. Mkt. VaJue ~N D IMP. TOTAL DATE REMARKS AGE BHILDIN~' CONDITION N~ NOeL BELOW ABOVE FARM Acre Value Per , Value / ~ampland FRONTAGE ON WATER ',rutland FRONTAGE ON ROAD tou~ Plat DEPTH ~ BULKH~D COLOR Patio O.B. Total .E~3/undotion Walls Fire Place Type Roof Bath Floors Interior Finish Heat Rooms 1st Floor Dinette K. LR. BR. eation Roorr Rooms 2nd Floor FIN. B. Driveway COLOR TRI~M ~ndation Bath Dinette COLOR TRIM Dn Walls Bath Floors Interior Finish James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. November 18, 2009 BOARD OFTOWNTRUSTEES TOWN OFSOUTHOLD Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 RECEIVED BOARD OF APPF. ALs Mr. Robed E. Herrmann En-Consultants, lnc. 1319 Nodh Sea Road Southampton, NY 11968 RE: RITA & JOSEPH DeNICOLO 3475 WELLS AVENUE, SOUTHOLD SCTM# 70-4-6 Dear Mr. Herrmann: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, November 18, 2009: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Wetland Permit #7036 to authorize the in-place reconstruction (rather than the renovation/roof restructuring) of most seaward 19.7'x20' one-story portion of dwelling so as to raise it 2' to proposed elevation of rest of dwelling; and the in-place reconstruction and raising of the existing attached 22.5'x24' wood deck, and as depicted on the revised survey prepared by Nathan Taft Corwin III last dated July 20, 2009, and received on October 27, 2009. Any other activity within 100' of the wetland boundary requires a permit from this office. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1892. Sincerely, Jam~es F. KinC~gg ~ President, Board of Trustees JFK:eac 0 EXISTING L )T COVERAGE DATA DESCRIPTION AREA % LOT COVERAGE HOUSE J 1,658 sq. fl. 8.0% I 586 sq. ff. 2.8% GARAGE WOOD PORCH I 175 sq. ff. 0.9'/. & WOOD LANDING I WOOD DECKS & WALK 680 sq. ff. 3,099 sq. fi. J 15.0% TOTal o / cz) ~ · / PROPOSED LOT COVERAGE DATA DESCRIPTION AREA % LOT COVERAGE EXISTING HOUSE 1,658 sq. ff. 8.0% EXISTING DECK 569 sq. ft. 2.8% PROPOSED ADDITIONS 1,463 sq. ft. 7.1% PROPOSED DECK ADDITION 131 sq. ft. 0.6% TOTAL 3,821 sq. fl, 18.5% $ B0o~1,30" W joC / / 79 C EEK .s "'=--~-15.79' TEST HOLE DATA (TEST HOLE DUG ~Y McDONALO GEOECIENCE ON DECEMBER 27, 2007) NOTES' PLAN OF SURVEY OF LOT 6 MAP OF LOTS OWNED BY GEORGE FILE No. 859 FILED NOVEMBER 28, 1927 SITUATE SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-70-04-06 SCALE 1"=20' SEPTEMBER 15, 1999 FEBRUARY 21, 2008 UPDATE SURVEY & ADDED TOPO. JULY 30, 2008 ADDED PROPOSED ADDITIONS DECEMBER 2, 200(3 SET LATH FOR BITE INSPECTION DECEMBER 30, 2008 REVISED AS PER LETTER DATED 12/16/200~ FE(3RUARY 22, 2009 REVISE NON-TURF BUFFER TO 18' WIDE JULY 2(3. 2009 REVISED AREA 20,516 sq. ff, (TO BULKHEAD ~ TIE LINE 0.471 ac, ON FEBRUARY 21, 200(3) CERTIFIED TO: R1TA DENICOLO JOSEPH DENICOLO 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:,L~ EXISTING CONTOUR LINES ARE SHOWN THUS: F, FL. - FIRST FLOOR GF~ - GARAGE FLOOR ~, - TOp O~ BULKHEAD BB. - BO~q'OM OF BULKHEAD ~W - TOP OF WALL RE'CE.~VEt~ DEC 1 4 2OO9 B. ELLS APPP. OVED MINIMUM SEPTIC 1 TANK; 8' DIA. 5' MINIMUM LEACHING 2 POOLS; (~ PROPOSED LEACHING POOl PROPOSEDSEPTIC TANK LIQUID DEPTH SYSTEM FOR 5 BEDROOM HOUSE IS 8' DEEP, 8' dia. PROPOSED EXPANSION POOL TANK CAPACITIES FOR 5 BEDROOM HOUSE IS 1,500 GALLONS. 400 sq ff SIDEWALL AREA. 4. THE LOCATION OF WELLS AND CESSPOOLS SHOWN HEREON ARE FROM FIELD OBSERVATIONS AND/OR DATA OBTAINED FROM OTHERS. 5. EXISTING SEPTIC SYSTEM S"~RUCTURES SHALL BE PUMPED CLEAN AND REMOVED IN ACCORDANCE WITH S.C.D.H.S. STANDARDS. 6. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. $6103C0166 G ZONE X*: AREAS OF 500-YEAR FLOOD; AREAS OF IO0--YEAR FLOOD WITH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRArNAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM IO0-YEAR FLOOD. ZONE X: AREAS DETERMINED TO BE OUTSIDE 500-YEAR FLOODPLAIN. DRAINAGE SYSTEM CALCULATIONS: ROOF AREA: 3,121 sq. ff. 3,121 sq. ft. X 0.17 = 551 cu. ff. 531 cu. ff. / 42.2 = 13 vedicol ff. of 8' die. leoching pool required PROVIDE (2) 8' die. X 7' high STORM DRAIN POOLS PROPOSED 8' DIA. X 7' DEEP DRYWELLS FOR ROOF RUN-OFF ARE SHOWN THUS: THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED, PREPARED [N ACCORDANCE WITH THE MINIMUM STANDARDS FOR TrrLE SURVE'fS AS ESTABLISHED BY THE LI,A,LS, AND APPROVED AND ADOPTED Nathan Taft Corwin III Land Surveyor PHONE (631)727-2090 Fox (631)727-1727 Rlverhead, New York 11901 Riverheod, New York 11g0~-0965 'N-CONSU LTANTS, INC. ENVIRONMENTAL CONSULTING December 11, 2009 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com RECEZVED BOAi~,D OF APPEAI..~ Re: Rita & Joseph DeNicolo 3475 Wells Avenue, Southold SCTM # 1000-70-4-6 To Whom It May Concern: Enclosed please find eight (8) copies of the Southold Town Trustees approval amending the project to the current proposal. Should you have any questions, please do not hesitate to contact the office. Sincerely, Jaclyn C. I-Iartman Enclosure EN-CONSULTANTS, INC. ¥1RONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 · www.enconsultants.com April 13, 2010 Leslie K. Weisman, Chairwoman Board of Zoning Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Rita and Joseph DeNicolo~ Case No. 6355 Dear Ms. Weisman: RECEIVED BOARD OF APPEALS As requested during the public hearing held on the captioned application on March 25, 2010, please fmd enclosed (3) copies of a foundation plan prepared by Suter and Suter, which depicts existing foundation walls, newly proposed foundation walls, and existing foundation walls to be heightened by two feet. The plan is also responsive to the Board's query regarding the construction of a cellar beneath the proposed additions in that it depicts a eallar beneath the easterly addition but not below the garage addition, as indicated during the hearing. If the Board requires any further details or clarification of this plan, please let me know and the project architect will gladly respond to your request. Also enclosed as per the Board's request are (5) copies of a revised site plan prepared by Nathan Taft Corwin III, L.S., last dated April 1, 2010, which depicts a 75' offset from the bulkhead and the minimum 63' setback from the bulkhead to the nearest comer of the attached deck to be reconstructed and elevated. Should you require any additional information, please feel free to contact me, and I thank the Board for its consideration. Really yours, Robert E. Herrmann Coastal Management Specialist EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 North Sea Road ~[n; {~ Southampton, New York 11968 ,~u'( ~ , ~ 631-283-6360 ~. ~'~ Fax: 631-283-6136 '-~ www. enconsultants.com March 19, 2010 Leslie K. Weisman, Chairwoman Board of Zoning Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Rita and Joseph DeNicolo~ Case No. 6.355 Dear Ms. Weisman: I am writing in reference to a letter sent to the Building Department and copied to your Board by James Rich, Jr., which was written in response to our certified mailing providing notice of the upcoming public hearing on the captioned application for variance relief. Mr. Rich, whose property lies adjacent to and east of the applicants' property, identifies an error in the site plan relating to the surveyor's identification of his property being serviced by public water rather than by a private drinking water well. We appreciate Mr. Rich bringing this matter to our attention. Mr. Rich had actually been in touch with the surveyor previously for the purpose of identifying the location of his well, and the surveyor subsequently amended the map to depict Mr. Rich's well and to relocate the proposed sanitary system to the west side of the property in conformance with the setback requhements of the Suffolk County Department of Health Services. Due to an oversight, however, the site plan submitted to the Board of Appeals for the purpose of obtaining zoning relief did not include this updated information. Although I recognize that this issue is not one that lies within your Board's jurisdiction, we wanted you to be aware that the situation has been addressed to the satisfaction of the Suffolk County Department of Health Services, who issued an amended approval pursuant to an updated site plan prepared by Nathan Taft Corwin IH, L.S., last dated March 10, 2010, eight (8) copies of which are attached hereto. Should you have any questions relating to this matter, please feel flee to contact me. cc: James H. Rich, Jr. w/updated site plan Patricia Cord{lin, Building Department, w/updated site plan R, x.d .ye~ll yours,__~ Robert E. He. mann Coastal Management Specialist James H. Rich Jr. P.O. Box 208 Southold N.Y. 11971 March 6, 2010 Southold Town Building Department Southold NY Re: J. DeNicolo Building Permit Application Board of Appeals #6355 Dear Sirs, After reviewing plot plan proposal by Corwin for Mr. and Mrs. DeNicolo I found that said plan indicates that my lot (7) has public water. Lot 7 does NOT have public water, only a well point and pump. By my estimate the distance from nearest leaching pool to my well is approximately 85 feet; is this acceptable? If not might the solution be for DeNicolo to pay to have house on lot 7 connected to public water? Thank you for your consideration of this matter. Respectfully, James H. Rich Jr. (Rich Family Trust # 1) 3415 Wells Avenue Copies To: Southold Town Board of Appeals Suffolk County Health Department EN-Consultants Inc. Nathan T. Convin, Surveyor RECEIVED0 NOV ~ 4 200~ BOARD OF APPEALS EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enoonsul[ants.com ENVIRONMENTAL CONSULTANTS TO WHOM IT MAY CONCERN: This letter will authorize En-Consultants, Inc. to represent me and act on my behalf with regard to environmental matters and/or permits. Signature Print Signature Print Dated: New York State Department of Environmental Conservation RECEIVED Division of Environmental Permits Rm 219, Building 40-SUNY Stony Brook, New York 11790-2356 Telephone (631) ~ 0365 Facsimile (631} ~.~.~. 0360 BOARD OF APPEAI~ John P. Cahill Comm ss oner LETTER OF NON-JURISDICTION March 20, 2000 Mrs. Ellen Hufe 3475 Wells Ave. Southold, NY 11971 Re: Hufe property, 3475 Wells Ave., SCTM# 1000-70-04-06 DEC#1-4738-02579/00001 Southold, NY Dear Mrs. Hufe: Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: The property landward of the functional bulkhead greater than 100' in length, constructed prior to 8/20/77 as shown on the aerial photo by Aeroqraphics, Inc., dated APril 6. 1976, is beyond the jurisdiction of Article 25 (Tidal Wetlands). Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act . Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does no--you of the responsibility of obtaining arby necessary p~l-~its or approvals from other agencies. // ~ ~e~y l~urs, ~ tru I~ermit Admin~ra~or ~ cc: En-Consultants ~ OCOUNTY OF SUFFOLKO STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES PERMIT RECEIVED NOv 4 200 BOARD OF APPEALs HUMAYUN J. CHAUDHRY, D.O., M,S. COMMISSIONER The attached plan, when duly signed by a representative of the Department, constitutes a permit to construct a water supply and/or collection system for the property as depicted. The applicant should take note of any conditions of approval, which may be indicated on the plan or enclosed herein. Construction must conform with applicable standards including "Standards for Approval of Plans and Construction for Sewage Disposal Systems for Single Family Residences" and "Standards and Procedures for Private Water Systems." Omissions, errors or lack of details on the plan does not release the applicant from the responsibility of having the construction done in conformance with applicable standards. The permit (plan) expires three (3) years after the approval date. Any modifications which may affect the proposed sewage disposal or water supply systems requires submission of a revised plan and additional fees (if applicable) for reapproval prior to construction. No inspections will be performed by the Department on expired permits. Permits may be renewed, extended, transferred or revised in accordance with the procedures described in "Submission Requirements for Approval of Sewage Disposal and Water Supply Facilities for Single Family Dwellings" (Form WWM-041). It is the applicant's responsibility to call the department at 852-5754, in advance, to arrange inspections of the sewage disposal and/or water supply facilities prior to backfilling. These include inspections of the sewage collection and disposal systems, water supply system components and piping, and final grading as shown on the approved plans. In certain cases, inspections of the soil excavation maybe required to determine the acceptability of the soils for sewage disposal systems. The Department must be notified at least 24 hours in advance to schedule an inspection and excavation inspections must be confirmed by calling 852-5700prior to 9:30 A.M., the morning of the inspection. Article VII of the Suffolk County Code, "Septic Industry Businesses," requires that all installers' of septic systems within Suffolk CounO' shall possess a valid license from the Suffolk Count3, Office of Consumer 4/fairs. This office can refuse to perform inspections or grant final approval.f bt the construction of projects that are installed by an unlicensed individual. It is, therefore, in your best interest to utilize a ces37~ool contractor with a valid license to avoid substantial delays in yom'project. FINAL APPROVAL ISSUED BY THE DEPARTMENT IS NECESSARY PRIOR TO THE OCCUPANCY OF NEW BUILDINGS~ ADDITIONS TO EXISTING BUILDINGS~ OR FOR THE USE OF SEWAGE DISPOSAL OR WATER SUPPLY SYSTEMS. WWM-058 (REV. 3/07) PAGE 1 OF 2 *DIVISION OF ENVIRONMENTAL QUALITY*OFFICE OF WASTEWATER MANAGEMENT*3fi0 YAPHANK AVENUE, SUITE 2C*YAPHANK NY 11980* PHONE: (631)852-5700 FAX: (631)852-5755 LOT 6 PLAN OF LOTS OWNED BY GEORGE B. SOUTHOLD ~ECE~VED BOARD Nathan Taft Corwk~ BI Lea3d Surveyor James F. Iiing, President Jill M Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. Town Hall Annex 54375 Main Road P,O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (6311 765-6641 February 18, 2009 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD RECEIVED BOARD OF APPEALS Mr. Robert E. Herrmann Eh-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: RITA & JOSEPH DENICOLO 3475 WELLS AVENUE, SOUTHOLD SCTM# 70-4-6 Dear Mr. Herrmann: The Southold Town Board of Trustees reviewed the survey prepared by Nathan Taft Corwin III, last dated February 22, 2009, and received on February 25, 2009, and determined that the construction of new pervious driveway and installation of upgraded sanitary system and drainage system of drywells is out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code. Therefore, in accordance with the current Wetlands Code (Chapter 275) and the Coastal Erosion Hazard Area (Chapter 111) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, or within 100' landward from the top of the bluff, without further authorization from the Southold Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. 2 This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, James F. King, President Board of Trustees JFK:eac ~ECE~[VED BOARD OF APPEAL~ James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghosio, Jr. February 18, 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 (6311 765-6641 RECEIVED NI~ ~,, ~ ~ ~00~ Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: JOSEPH & RITA DENICOLO 3475 WELLS AVENUE, SOUTHOLD SCTM# 70-4-6 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, February 18, 2009 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of JOSEPH & RITA DENICOLO applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated January 28, 2009, 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 issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on February 18, 2009, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, 2 RECEZVED BOARD OF APPEALS 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, 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 the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of JOSEPH & RITA DENICOLO to renovate the most seaward 20'x19.7' portion of the existing one-stow dwelling to remain (including roof restructuring and installation of new windows and doors); replace portion of existing one-stow dwelling (in-place) with two-stow dwelling constructed over existing foundation; construct two-stow addition, approximately 14 square feet of which will be located within Chapter 275 jurisdiction; and construct a deck addition on the easterly side of the dwelling, with the condition of a line of staked hay bales with silt fencing is installed prior to construction, install and maintain a 15' non-turf buffer adjacent to the bulkhead, and as depicted on the survey prepared by Nathan Taft Corwin III, last dated February 22, 2009, and received on February 25, 2009. 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: $100.00 Very truly yours, James F. King President, Board of Trustees JFK/eac RECE.[¥ED BOARD OF SOUTHOLD TOWN TRUSTEES 2 4 2009 SOUTHOLD, NEW YORK BOARD OF APPEALs PERMIT NO. 7036 DATE: FEBRUARY 19~ 2009 ISSUED TO: JOSEPH & RITA DENICOLO PROPERTY ADDRESS: 3475 WELLS AVENUE~ SOUTHOLD SCTM# 70-4-6 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on February 18, 2009, and in consideration of application fee in the sum of $250.00 paid by Joseph & Rita Denicolo 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 renovate the most seaward 20'x19.7' portion of the existing one-story dwelling to remain (including roof restructuring and installation of new windows and doors); replace portion of existing one-story dwelling (in-place) with two- story dwelling constructed over existing foundation; construct two-story addition, approximately 14 square feet of which will be located within Chapter 275 jurisdiction; and construct a deck addition on the easterly side of the dwelling, with the condition of a line of staked hay bales with silt fencing is installed prior to construction, install and maintain a 15' non-turf buffer adjacent to the bulkhead, and as depicted on the survey prepared by Nathan Taft Corwin III, last dated February 22, 2009, and received on February 25, 2009. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Sear to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. SOUTHOLD TRUSTEES Issued To~ Date~ AddresS ' THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 TEL.: 765-1892 EN-CONSULTANTS, INC. 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com ENVIRONMENTAL CONSULTING RECEZVED November 19, 2009 Southold Town Zoning Board of Appeals Town Hall 53095 Main Road P.O. Box ! 179 Southold, NY 11971 Attn.: Linda Kowalski NOV 4 2009 BOARD OF APPEALS Re: Rita & Joseph DeNicolo 3475 Wells Avenue, Southold SCTM # 1000-70-4-6 Dear Linda: Enclosed for review are a total of (8) separate sets of the following for your review: 1. Notice of Disapproval from the Building Inspector. 2. Zoning Board of Appeals application including; a. Questionnaire. b. Applicant's Project Description. c. Transactional Disclosure Form. d. Letter of Authorization. e. Agricultural Data Statement. 3. Short Environmental Assessment Form; 4. Survey; 5. Construction plans; 6. Southold Trustees & Health Department approvals; and 7. Photographs. 8. Application fee of $400.00. Eight (8) 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. Robert E. Herrmann Coastal Management Specialist Enc. ELIZABETH A. NEVIIJ,E, 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 25, 2009 Zoning Appeal No. 6355 Transmitted herewith is Zoning Appeals No. 6355 of En-Consultants for Rita & Joseph DeNicolo- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, LWRP Consistency Assessment Form, Cover Letter From En-Consultants, Inc. Dated November 19, 2009, Authorization letter from Joseph & Rita DeNicolo to En-Consultants, Inc to Represent them in this Matter, Letter of Non-Jurisdiction from NYS DEC Dated March 20, 2000, Permit information from Suffolk County Health Department about Sewage & Water Systems, Copy of Survey Showing Existing & Proposed Construction Dated December 30, 2008 Prepared by Nathan Taft Corwin III Land Surveyor, Letter t?om Board of Trustees Dated February 18, 2009 Determining that Driveway & sanitary systems arc out of Wetland Jurisdiction, Letter from Board of Trustees Dated February 18, 2009 Determining that application is Consistent with LWRP, Authorization From Board of Trustees Dated February 19, 2009, Permit # 7036 from Trustees Dated February 18, 2009, Notice of Disapproval from Building Department Dated October 5, 2009, 2 Pages of Photos of Property, Survey Showing Existing & Proposed Construction of Property Dated February 22, 2009 Prepared by Nathan Taft Corwin 11I Land Surveyor, 6 Pages of Plans Showing Floor Plans & Elevations. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 11-24-09 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP RECEIVED 9262 $400.00 # 6355 DeNicolo, Joseph & Rita NOV 2 4 2C09 Southold Town Clerl~ TOTAL $4oo.oo Sent via Inter- .~ffice to Town Clerk by: Thank you. ES EN-CONSULTANTS, INC. 1319 N. SEA RD. PH. 631-283-6360 SOUTHAMPTON, NY 11968 PAY ORDER OF 9262 50-666/214 I $ ¢ , Town of Southold P.O Box 1179 Southold, NY 11971 Date: 11/24/09 * * * RECEIPT * * * Receipt#: 61793 Transaction(s): 1 1 Application Fees Reference Subtotal ~ $400.00 Cash#: 9262 Total Paid: $400.00 Name: En-consultants, Inc. 1319 North Sea Drive Southampton, NY 11968 Clerk ID: CAROLH Internal ID: 6355 James H. Rich Jr. P.O. Box 208 Southold N.Y. 11971 Southold Town Building Department Southold NY March 6, 2010 Re: J. DeNicolo Building Permit Application Board of Appeals #6355 Dear Sirs, After reviewing plot plan proposal by Corwin for Mr. and Mrs. DeNicolo I found that said plan indicates that my lot (7) has public water. Lot 7 does NOT have public water, only a well point and pump. By my estimate the distance from nearest leaching pool to my well is approximately 85 feet; is this acceptable? If not might the solution be for DeNicolo to pay to have house on lot 7 connected to public water? Thank you for your consideration of this matter. Respectfully, James H. Rich Jr. (Rich Family Trust # 1) 3415 Wells Avenue Copies To: Southold Town Board of Appeals Suffolk County Health Department EN-Consultants Inc. Nathan T. Corwin, Surveyor #9674 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) R~.cEIVED 6oARD OF APPEALS Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 11th dayof March, 2010. Principal Clerk Sworn to before me this setback, (2) le~ than the co~-reqinred minimum of 35 ft. front yard, (3) less than the code required 35 B. rear yard, and (4) exc~md~ the code limitation of 20% lot coverage, at 130 Village Ln., Orient, N~ CI?d~: 18-5-6. 11.'00 A.M. RYAN & .IENNIFER STORK gB~8. Request for variance from Code Section 280-15 (B), based on an application for building permit and the Building Inspector's October 26, 2009 Notice of Disapproval concerning propo~d demolition of existing acces- aory garage and construction of a new accessory two car garage, (proposed height over 20 feet) at less than the code required side yards setback of 20 feet, at 3270 Great Peconic Bay Blvd., (adja- cent to Great Pecoinc Bay) Laurel, NY. CTM#: 128-6-8. 11:1~ AM. STEIN FAMILy ~I- DENCE TRUST ~ Request for variance from Cede Section 280-15 (D), based on an application for building per- mit and the Building Inspector's October LEGAl. NOIICE ~6, 2009 Notice of Disapproval commrn- SOlY~IOL~ I~WN lng proposed additions and alterations ZONING BOARD OF APPEALS to accessory garage with dormers at 'tHURSDAY, MARCll 25, ~010 morethan the code required 40% of the PUBliC IIEARING$ roof width, additionally, the pro~ NOTICE IS HEREBy GIVEN, put- addition~/alterations a~e a; de'~nh:m suant to Section 267 of the Town Law and from prior ZBA grant~6179 at 2535 C~. Town Code Chapter 280 (Zoning),Town dar La., (adjacent to Spring Pond) F-mt of Southold, the following public hear- Marion,NY. CTM~:37-4-10i . ings will be held by thp SOUTHOLD tow~ zoNr~a aOAR~ OF A~- -~.~est for PEALS at the Town Hall, 53095 Main · , Section 72-4, based on an appli- Road, PO. Box 1179 Southold New cation for b~ilding permit to 6petate a York 11971-0959, on ~ farm stand in an existing building, and COLO ~6~.~ Request "Ior vananc~ from Code Section 280-116 (B), based on an application for building permit and the Building Inspector's October 5. 2009 Notice of Disapproval concern- ing proposed demolition, additions and alterations to a single-family dwelling. 1) less than the code required bulkhead setback of 75 feet, at 3475 Wells Ave.. Southold. NY. CTM#; 70-4-6. 10.20 A.M. JAY MANDEI~BAUM ~6359. Request for Variance from Code Section 280-13 and 280-105A, based on an application for building permit to build a tennis court on a vacant loL and the Building Inspector's October 2, 2009, Amended February 25. 2010 Notice of Disapproval stating that the use of a ten- ms court is not permitted on a vacant lot (without a principal dwel/ing) and the tennis court fence will exceed the code limit of 4 feet in height. Location of Property: 920 Kimbedy Lane, (North Bayview Rd. & Roxanne Rd.) Southold. NY; CTM # 70-13-20.15. (Paradise by the Bay subdivision) 10:40 A.M. NICOLAS dgCROISSET g6354. Request for variance from Code Section 280 15, based on an application for building permit and the Building spector's September 23, 2009 Notice of Disapprovalconcerning as-built accesso- ry shed, 1) at less than the code required 35 foot front yard setback. 2) location of accessory shed in the side yard rather than a rear or front yard. (adjacent to Great Peconic Bay) at 20 Third Street New Suffolk. NY. CTM#: 117-10-19~ 10'.50 A.M. SULLEN & CLAUDIA RAMONE ~6357. Requests for varianc- es from Code Sections 280-122A & 280- 124, based on an application for building permit and the Building Inspector's No- vember 12, 2009, Revised Nov. I9, 2009 and Revised February 5, 2010, Notice of Disapproval concerning demolition and new dwelling: ( 1 ) the new construction is proposed at less than thc code-required 10 feet minimum on a single side yard the Building Inspector's September 21, 2009 Nofie~ of Disapproval stating the proposed use does not meet the defini- tion of a farm stand, at 30105 Route 25, Cutc~ogue, NY. CYM#: I02-2q6. CHRISTINA VOL/NSIq NOTARy PUBLIC-STATE OF NEW YORK No. O'hV0610~050 Qualified in Suffolk County Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road I~O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 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 1t79, Southold, New York 11971-0959, on THURSDAY~ MARCH 25~ 2010: 10:00 A.M. JOSEPH & RITA DeNICOLO #6355. Request for variance from Code Section 280-1t6 (B), based on an application for building permit and the Building Inspector's October 5, 2009 Notice of Disapproval concerning proposed demolition, additions and alterations to a single-family dwelling, 1) less than the code required bulkhead setback of 75 feet, at 3475 Wells Ave., Southold, NY. CTM#: 70-4-6. 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: February 19, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY '11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net February 2z~, 2010 Re: Town Code Chapter 55 - Public Notices for Thursday, March 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 March 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 mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than March 5th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are 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 March 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 Posting for receipt by our office before March 23, 20'10. 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME DeNICOLA, J. & R. #6355 MAP # 70-4-6 VARIANCE Bulkhead Setback REQUEST Demo/Additions/Alterations DATE: THURS,March 25, 2010 10:00 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of Joseph & Rita DeNicolo (Name of Applicants) CTM Parcel #1000- ?o 4 -6 AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Robert E. Herrmann, l~:~at 1319 North Sea Rd. En-Consultants, Inc. Southampton , New Yor~ bein§ duly sworn, depose and sey that: On the 3 day of March ,20~i0, I personally mailed at the United States Post Office in Sotrl-_hamDton , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the offi6ial records on file with the (x) Assessors, 'or ( ) County Real PropertY Office , for every .property which abuts and is across a public or p~ivate street, or vehicular right-of- way of record, surrounding the applicant's pro_p/~y. : . ' '[~ignature) Sworn to before me this PLEASE list, on the back of this Affidavit or on a sheet of paper, the et numbers next to the owner names and addresses for which notices were mailed. Thank you. SCTM#1000-70-4-5 JOHN W. PEARSON 3575 WELLS AVE, SOUTHOLD, NY 11971 SCTM#1000-70-4-7 RICH FAMILY TRUST PO BOX 208, SOUTHOLD, NY 11971 SCTM~Y100070-3-22.8 MICHAEL & JENNIFER KOKE PO BOX 1035, SOUTHOLD, NY 11971 SCTM#1000-70-3-25.1 RICH FAMILY TRUST PO BOX 208, SOUTHOLD, NY 11971 SCTM#1000-70-6-34 TOWN OF SOUTHOLD PO BOX 1179, SOUTHOLD, NY 11971 Cer~fied Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) $1.~ $2.80 $2.30 ~0.00 $6.32 TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD, NY 11971 USE ~ (Endo~ement Requ,~) ~.~ ~'3~ ~ m~ts~tro MIC~L KO~ ~ t~t'~:? PO BOX 1035 ~~or~o~ SOUT~OLD, NY 11971 I s~'~F~'C~AL USE $1 $2.80 .-/~.,=o Jo~ w. PEARSON ~mf ........... 3575 WELLS AVENUE CJ Street, &vt r,- o~O~ox SOUTHOLD, NY 11971 · Complete Items 1, 2, and 3. Also complete item 4 If Resbtcted Delivery Is desired. · Print your name and address on the reverse so thet we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: RICH FAMILY TRUST #1 3415 WELLS AVENUE PO BOX 208 SOUTHOLD, NY 11971 2. ,Nticle Number (Tm~er from serv~e ~be0 PS Form 3811, February 2004 D. Is delive~ If YES, enter delivep · Complete items 1, 2, and 3. Also complete item 4 if Restricted Deliverj Is desired. · Print your name end eddrees on the reverse so that we can return the card to you. . · Attach this card to the back of the mailpiece, or on the front if space permits. [] Agent I-1 Addressee 1. Article Addressed to: C. Date of Delivery TOWN OF SOUTHOLD PO BOX 1179 SOUTHOLD, NY 11971 PS Form 3811, February 2004 3. Serv Type I-1 Registered [] Retum Rscelpt for Merch~ ~ 7009 0080 7009 0080 0001 3996 7478 Domestic Return Receipt · Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maJipieca, or on the front if space permits. 1. ArMcle Addressed to: ~'~dM~l [] Exprees Ma~l [] Regbtemd [] Retum Receipt for Merchandise, [] Insured Mall [] O.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7009 3410 0000 4548 2582 MICHAEL KOKE PO BOX 1035 SOUTHOLD, NY 11971 2, Article Number (Transfer from service labe0 PS Form 3811, Ferry 2004 Domestic Return ZONING BOARD OF APPEALS TOWN OF SOl_ri'HOLD: NEW YORK In the Matter of the Application of _Joseph & Rita DeNicolo (Name 0fApplican~) AFFIDAVIT OF SION POSTI3qG Regarding Posting of Sign upon Applicant's Land Ident/fied as 1000- 7o 4 6 COUNTY OF SUFFOLK) STATE OF NEW YORK) ~~ w York, being duly sworn, depose and say that: ga ] [~ lq ]k~--qtLt ~ Poster, ~t~ht~te'~ofd~[~ ~ ,O~'~ t~.I ~rsonally placed the Town's official g and nature of my apphcatmn noted thereon, securely upon my property, located ten (10) feet or closer from the street or fight-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in the subject hearing date, which hearing date was shown Sworn to before me this ~L54a'- dayof (Notary Public) 31ace fo/?even days prior to tl'~t date of (Signature) *near the entrance or driveway entrance of my property, as the area most visible to passersby. EN-CONSULTANTS_, liC. ENVIRONMENTAL CONSULTING March 4, 2010 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Fax: 765-9064 RE~'~'ED BOARD OF APPEALs RE: JOSEPH & RITA DeNICOLO -3475 WELLS AVENUE, SOUTHOLD Dear Board Mcnnbers: As you requested, we enclose 4 certified mail receipts from the mailing for the public hearing scheduled for March 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 Office Ix>cation: 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 SOUTHOLD Tel. (631) 765.1809 Fax (631) 765-9064 November 24, 2009 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6355 DeNicolo, Joseph & Rita Dear Mark: We have received an application for demolition, additions and alterations to existing dwelling. 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~valuation with recommendations for this proposal, as required under the Code proced~es of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Encls. c Very truly yours, Gerard P. Goehringer Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Yo~gs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 27, 2009 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Mr. Thomas Isles,Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to ArticleXIV of the Suffolk County Administrative Code: ZBA File # 6355 Owner/Applicant: DeNicolo, Joseph & Rita Action Requested: Bulkhead setback. 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 information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard.,[ ZBA~ By: Goehringer Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin~ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 26, 2010 Robert Herrmann En-Consultants 1319 North Sea Road Southampton, NY 11968 Re: ZBA # 6355, DeNicolo Dear Mr. Herrmann: Transmitted for your records is a copy of the Board's April 22, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincere~v~ Vicki Toth Encl. Town Cre~ NOTICE COUNTY OF SUFFOLK Red Property Tax Service