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