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HomeMy WebLinkAbout6363 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net ~RE~EIVED ~ BOARD OF APPEALS ~p~ q '. ~ ~> TOWN OF SOUTHOLD fUN 2 2010 Tel. (631) 765-1809 Fax (631) 765-9064 ~~.~,~.~ FINDINGS, DELIBERATIONS AND DETERMINATION;eu~hold Towa Clot[ MEETING OF MAY 20, 20t0 ZBA FILE # 6363 NAME OF APPLICANT: John and Marie A. Shack Jr. PROPERTY LOCATION: 1265 Shore Drive, (adj. to Pipes Cove) Greenport, NY CTM 1000-47-2-26.1 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 January 20, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: A letter dated April 2l, 2010 confirming inconsistency was submitted to the Board of Appeals under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. In this determination, the LWRP Coordinator noted that "due to lot size and configuration, relocation of the structure may not be practical." In the event that the action is approved to further Policy 5: Protect and Improve Water Quality in the Town of Southold Ecosystem it is recommended that a minimum 15 foot landscaped vegetated buffer be required. PROPERTY FACTS/DESCRIPTION: The subject property is a 15,746 square foot non-conforming parcel, located in an R-40 zone. The northwesterly lot line measures 119.57 feet along Shore Drive, the northeasterly lot line measures 154.52 feet along a neighboring pamel, the southeasterly lot line measures 114.22 feet and contains a wood bulkhead along Pipes Cove, and the southwesterly lot line measures 133.71 feet along another adjacent parcel. The parcel is improved with a single-family dwelling and a detached garage, as shown on the amended site survey dated Dec. 4, 2009 by John T. Metzger, Peconic Surveyors, PC. BASIS OF APPLICATION: Request for a Variance under Sections 280-116, based upon an application for building penn it and the Building Inspector's October 15, 2009, amended December 4, 2009 Notice of Disapproval concerning demolition and construction of a single family dwelling, (1) less than the code required set back of 75 feet from a bulkhead, (This is a deviation of prior grant #5933 for alterations & additions) at: 1265 Shore Dr., Greenport, NY. CTM#47-2-26.1. RELIEF REQUESTED: The applicant proposes construction indicated at a minimum setback of 38 feet from the bulkhead as shown on the amended site survey drawn by John T. Metzger, and dated Dec. 4, 2009. The Applicant was originally granted a variance for alternative relief in 2006 which specified a 40 foot minimum setback from the bulkhead. That variance did not include the area needed by the Applicant for the construction of stairs in the rear of the dwelling. The new variance requested by the Applicant includes only the additional two foot setback relief Page 2- May 20, 2010 ZBA File#6363 - John and Marie A. Shack, Jr. CTM: 1000-47-2-26.1 at 1265 Shore Dr., (adj. Pipes Cove) G~eenpo~ NY necessary for stairs to be attached to the building. In all other aspects, the variance granted herein is identical to the 40 foot bulkhead setback variance and 9 foot side yard setback granted by the ZBA in Application File No. 5933, dated October 5, 2006. ADDITIONAL INFORMATION: At the public hearing the applicants agreed to maintain the 40 fi. setback from the bulkhead for the proposed wood deck as previously granted in ZBA decisions # 5933 dated October 5, 2006. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on April 22, 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 variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Many of the improved lots in the immediate neighborhood have non-conforming setbacks from the bulkhead adjacent to the waterfront of Pipes Cove. 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 cannot locate a modestly sized house on the existing lot without some type of variance. Relocating construction to create a conforming setback from the bulkhead would locate the dwelling just 7 feet from Shore Drive and would require a front yard setback variance that is greater than the proposed non-conforming bulkhead setback variance. 3. Town Law §267-b(3)(b)(3). The variance granted herein is substantial. A 38 foot bulkhead setback to the deck steps is a 50% reduction in the Code required distance to the bulkhead. However, the house is proposed to be re- constructed primarily on the existing non-conforming footprint and moving the building further from the bulkhead and closer to the road would effect the existing septic location in the front yard.. 4. Town Law §267-b(3)(b)(4) Evidence in the LWRP MEMORANDUM dated April 21, 2010, indicated that the parcel "may be subject to erosion and/or wind damage during storm events", and will have an adverse impact on the physical or environmental conditions in the neighborhood unless mitigated by a non turf buffer. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created, because the Applicant purchased the dwelling with the existing non-conformities and could have chosen to relocate construction further away from the bulkhead, even though it might require a variance for a front yard setback and a new septic system. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a re-constructed single family dwelling 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 Goehringer, and duly carried, to DENY as Applied for and; GRANT ALTERNATIVE RELIEF, at 40 ft. from the bulkhead for the deck inclusive of steps as previously granted in ZBA Decision #5933. Page3 May 20, 2010 ZBA File#6363 John and Marie A. Shack, Jr CTM: 1000-47-2-26.1 at 1265 Shore Dr., (adj. Pipes Cove) Greenport, NY Conditions: 1. The applicant shall follow the requirements of the LWRP recommendations for a 15 foot wide non-turf vegetated buffer between the bulkhead and dwelling. Before applying for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final survey conforming to the alternative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: on was duly adTted (5-0)( Leslie Kanes Weisman, Chairperson Approved for filing ~"~2.'~ /2010 Ayes: Members Weisman (Chairperson), Dinizio, Goehringer, Homing, Schneider. This TEST BORING L oem OL Cleye~ S~d SC LOT ~/ ~z.? N. 50'38'30' E. VACANT PUBLIC WA TER IN STREET SHORE I00.00' ~E //3 EXIS TiNG /E II.'/ R~CEzvED BOARD. OF APPEAL$' ANY AL TERA TION OR ADOITION TO THI~ SURVEY I~ A VIOLA TION OF SECTION XE09 OF THE HEW YORK STATE EDUCATION LAW, EXCEPT AS PER SECTION ?EOg-SU~DIVlSION E. ALL CERTFICA TIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY F SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIC~ TU~E APPEARS HEREON.. ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM 'AL TER~J) BY' MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'INSPECTED' AND 'BROUEHT-TO-DA TE' ARE NOT IN COMPLIANCE WITH THE LAW. FIN FLR- FINAL MAP REVIEWED BY ZBA SEE DECISION # G :z4_~ DATED ~ I ?~ I ~ ID 1~.4' i sTY. F~ ~_ I [[ - i' ~ 1 0.5 SEPTIC &'Y&' l ~M '1 r ~,~,, ~ CROSS SECTION ] [ '~'~' SURVEY OF ~ LOTS 16, 17 & P/LOT 15 ~ MAP ~ ~T ~S AT GREENPORT EL.&4' WOO0 ZONE AE ( el. ~ S. 54'13'10' , ~ETTy FLOOD ZONES FROM FIRM $6103C0159 5/4/98 ELEVAT/ONS ARE REFERENCED TO NG~D PIPES AREA = 15,746 sq. fL to ti~line ,~ TOWN OF SOUTHOLD ~Y ~ ~ SUFFOLK COUNTY, .~ 1000 - 47- 02-P!026 OrL-~- ~ RAIN RUNOFF CALCULA TIA^t~ 'SCALE: 1" HOUSE AFTER CONSTRUCTION '2147. sq. ft. ~EPT. [ u~ 2147 x 0.17 x I = 365 cu. fl. ~AR. 27, ZOOt' (PROP. ADDIT.) ~ 365/2~.3 = 16.4 VF JUNE 5, ~007 (LOT COVERA~E~ -. AUG. IE, ~009 (PROP. A~N) GARAGE = 545 sqjff ~e-4, ,*..~x~ A SP,,A T DR, VE ,92 ,,.,,. . ~ GARAGE & DRIVE~AY = 1137 ~'q. fh .~ . o.~r . ~ = ~9~.~ ~u.,. / II~.~' 193.,~1~2.3 = 8.7 VF '~ PROVIDE 4 ~s 6'¢ 7' DEE'F ~ ~ ~ O~.AL · CO VE ~or cov~R~ ~ ~~t~, ~XIST~G EE3~ ~ 'PECONIC SU~VEYOR~~ ~34/15746 = 14% ~,, (631) 765 - 50~0 AT COMPLETION OF CONSTRUCTION P. O. BOX 909 269~ sq, fl. 12~0 TRAVELER STRUT · ~69~/157~ 17~ ' SOUTHOLD~ N.Y, 11971 98- 283 (2) TO: John Shack Jr. 17A Valley Road Wobum, Ma. 01801 TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL BOARD OF APPBAL~ DATE: October 15, 2009 *amended:12/04/09 Please take notice that your application dated October 1, 2009 For a demolition & construction ora single family dwelling at Location of property: 1265 Shore Dr., Greenport, NY County Tax Map No. 1000 - Section 47 Block 2 Lot 26.1 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming lot, is not permitted pursuant to Article XXII Section 280-116 which states: "All buldings or structures located on lots upon which a bulkhead.., and which are adjacent to tidal water bodies other than sounds shall be set back not less then 75' feet from the bulkhead." The proposed construction is indicated at approx. 38' from the bulkhead. Note: The ZBA decision #5933, granted relief for alterations & additions. This new scope of work includes the demolition & reconstruction of a dwelling. / A~thorized Signature *Amended to reflect new site plan. FORM NO. 3 NOTICE OF DISAPPROVAL TO: John Shack Jr. 17A Valley Road Woburn, Ma. 01801 DATE: October 15, 2009 Please take notice that your application dated October 1, 2009 For a demolition & construction of a single family dwelling at Location of property 1265 Shore Dr. Greenport, NY County Tax Map No. 1000 - Section 47 Block 2 Lot 26.1 Is returned herewith and disapproved on the following grounds: The proposed construction on this non-conforming lot, is not permitted pursuant to Article XXII Section 280-116 which states: "All buildings or structures located on lots upon which a bulkhead .... and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 fe~ from the bulkhead." The proposed construction is indicated at approx. 40' from the bulkhead. Note: The ZBA decision #5933~ granted relief for alterations & additions. This new scope of work includes the demolition & reconstruction of a dwelling. thorized Signature .i .~j~'~I~PARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE January 12, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Dear Mr. Goeringer: Pursuant to the requiremems of Sections A 14-14 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 Shack, John Jr. Casola, Peter & Stephanie Municipal File Numbers #6363 #6365 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED MEMORANDUM APR 2 12010 BOARD OF APPEALS To: From: Date: Re: Leslie Weisman, Chair Members of the Zoning Board of App.~eals Mark Terry, Principal Planner LWRP Coordinator~/ April 21,2010 Coastal Consistency Review for ZBA File Ref. No. JOHN SHACK, JR. #6363 SCTM# 1000-47.-2-26.1 Request for Variances from Code Section 280-116, based on an application for building permit and the Building Inspector's October 15,2009, amended December 4, 2009 Notice of Disapproval concerning demolition and construction of a single family dwelling, (1) less than the code required set back of 75 feet from a bulkhead, (This is a deviation of prior grant #5933 for alterations & additions) at: 1265 Shore Dr., Greenport, NY. CTM#47-2-26.1. 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 INCONSISTENT with the denoted following Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. The proposed action is located within Flood Zone X in areas determined to be outside of the 0.2% annual chance floodplain. However, the parcel is located in a coastal location and may be subject to erosion and/or wind damage during storm events. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. Move existin.q development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. c. sites where relocation of an existing structure is not practical. The proposed residential structure does not require a Location on or in coastaL waters, is not a water dependent use and is not public. However, due to lot size and configuration, relocation of the structure may not be practical. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. The distance from the bulkhead to the proposed action is approximately 38 feet; a minimum setback distance of 75 feet from the wetland boundary (bulkhead) is required pursuant to Chapter § 280-116. Building setback requirements adjacent to water bodies and wetlands which states: B. All buildings or structures located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead. It is recommended that the Board further the above policies to the greatest extent practicable. In the event that the action is approved to further Policy 5: Protect and Improve Water Quality in the Town of Southold and Policy 6; Protect and Restore the Quality and Function of the Town of Southold Ecosystem it is recommended that a minimum 15 foot landscaped vegetated buffer be required. LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009] Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney ANYALTERATIONORADOITION TO TM$~URVEYI~A VIOLATION ~/ ACANT OF ~ECTJ~N ~jOg OF THE ~EW YO~I~ $TA TE Ej~UcdT~ON L~WL ~"~'" EXCEPT AS PER SECTION X~09'~ E. ALL CERTiFICA~F WATER IN STREET HEREON ARE VALID FOR TH~ MAP AND COPIES THEREOF ONL TEST BORING b)' McDonald GeoscJence Brown Loam OL Clay CH el c~o~ c~ ia ~rown ClaJ'e~ Sand SC Wafer Fine S~d LOT 1~ o~ · / ,z.? N. 50°38°30, E. FLOOD ZONES FROM FIRM 36105C0159 5/4/98 ELEVATIONS ARE REFERENCED TO NGt/D AREA = 15,746 sq. ft. to tieline SHORE IO' rnin LOT ZO,w£ .X ZONE AE ( el. $. 54°1370' kY. I00.00' __ IE/I.Z EXIS TING LOT 1~ COVE PIPES WHOSE SIGNATURE APPEARS HEREOf4. ADDITIONALLY TO COMPLY WITH ~ LAW THE TERM 'ALTERED MUST BE USED BY ANY AND ALL SURVEYORS ~ A COPY OF ANOTHER SURVEYOtP$ MAP. 7'ERt~ SUCH AS 'W~PECTE~' AND 'BROUOHT-TO'OA TE' ARE NOT IN COMPLIANCE WITH THE LAW. ~ECEIVED FIN FLR- BOARD OF APPEAL~ EL. 5~KIIC brbl~M '1 I CROSS SECTION ~ I SURVEY OF LOTS 16, 17 & P/LOT 15 P/O LOT 1(~' MAP OF_GREENPOR TsEc TION ONE- SHOr~ES ~ FILED JUNE 29, 1950 FILE NO. 175,~ AT GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000 - 47 - 02 ~ P/O 26 RAIN RUNOFF CALCULA TIn~c 'SCALE: 1" = 20' HOUSE AFTER CONSTRUCTION -31~7. sq. lh SEPT. [ 1998 EI47 ~ 0.17 ~ I = 365 cu. fl. ~A~z EX, ~OOF (PROP. ADDIT.) 3651~.3 - 16.4 VF GARAGE = 545 sq.~[f ASPHALT DRIVE = 592 $q. ff. GARAGE & DRIVEkYA Y = 1137 rq. fL 1157 ~ 0.17 , I = 193.3 cu. fh 193..~/~.3 = 8.7 VF ZS.I VF PROVIDE 4 DW$ 6'¢ ~ 7' DEEF O~ EOUAL ~OT COVERAG~ EXISTING Z~34 sq.(f. E234~5746 = 14%' A T COMPLETION OF CONETRUCTION ~69~ sq. fl. ~69~115746 = 17% dtlNE 5, 2007 fLOT COVERAGE) AUG. IE, ZOO9 fPROP. ADDITION) (63U 765 - ~EO**U'q.~ P. O. BOX 909 1~30 TRAVELER S~ · SOUTHOCD~ N.Y. 119~1 .qa - 283 \. ,S .l-J/~CK P-...BG I D F_.I',4C.,E RECEIVED BOARDOFAPPEAL~ f ~ L, II 1 RECE]VEI) BEC O 4 ZOO9 ~OARD OF APPEALS p' _= COl- Z ~ECEIVED EIOARI:I OF APP;AL~ Fee: $..., Office Notes: APPLICATION TO THE SOUTHOLD TOWN BOARD, OF APPEALS For Offtce Use Only Date AssignediAssignraent No. Filed By:_ PareelHoilseNo.lt~ S,reet 5~0~~-.~ "~lPt~.~ Hamlet. S~M' ~ 0 0 0 S ~"0" ~ ~ B]O ~kl k LO t(~) [ a ~ ' i Lot 8~e .... ~ne AppHcan~Owner(s): ~[~ If ~0~ n ~ NOTE: In addUio~ to the a~ve plea~ complete be ow f applicaUon is ~lgned by appl cunt's attorney, agent architect, bu lder, contra~t Author~ed Representative: for ( ) Owner, or ( ) Other: Address: Telgphone: Pleas.e ch,e. ck box to specify who you wish correspondence to be mailed to, from the above names: ~-Apphcant/Owner(s) [] AuthoHzed Representative t~ Olher Name/Addres~i WHEREBy THE BUILDING INSPECTOR DENIED AN IAPPLICATION DATED FOR.~ l~'Buildin'g Permit ~2 [] Certificate of Occupancy [] Pre-Certificate Of Occupancy [] Change.of Use [] Permit for As-Built Construction DOther: Provision of the Zoning. Ordinahce AppealedL Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do norqubte the code. Article X ,Y ~ I Section 280- i I ~ Subsection Type of Appeal. An Appeal is made for: 1 I~A Variance to the Zoning Code or Zoning Map. [] A Variance due .to lack of a~cess required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [~ Reversal or Other ~ Pr~0~p. peal~,h,,a~_s,~ has not been m~de with respec, to tbi~property UNDER Appeal ~ ~Z ~' ~ 'o:Jtlu~ear~. ~leas~ be~ure to research before completing this ,uestion'or call our Name of Applicant: CTM # ZBA File # REASON_SFOR APPEAL (addition~ she~ets mai, be used with preparer's signature): 4RB~t VARIANC~ REASONS: (1) An undesirable change will not be produced in. the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because:h- The building design which blends in with the neighborhood is unehunged. We are requesting a new foundation instead of working around the old one. (2) The benefit s6ught by the applicant CANNOT b'e achieved by some method feasible for the applicant to pursue, other than an ai'ea variance, because: We will be retiring in this house and a new foundation and flooring will provide a studier dwelling. There is no other feasible way to pour a new basement without removing the old (3) The amount of~'eliefrequested is not substantial because: The total area of the house is unchanged. We are keeping within the same building footprint but requesting permission for a new foundation. OBe. (4) The variance will NOT. have an adverse'effect Or impact on the physical or environmental condition~ in ~h_e neighb6rhood or district because: We believe that putting in a new foundation will be environmentally more sound than leaving in the old one. The house design still fits into the architectural character of the neighborhood. (5) Has the alleged difficulty been self-created? ( )Yes,or ?No. Are there Coven'ants and. Restrictions concerning this land: l~No. D Yes [plcase £urnish cop~). 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 ~4 USE.VARIANCE I~ BEING REQUESTED, AND PLEdSE COM'PLETE THE A TT.4 CHED USE V4RI/~VCE SHEE T: 'Please be suM to c~nsult your attorney,) ~,~ignamre Of ApPellant or Authori~ Agent . {Agent must submit written Authorization from Ownar) Sworn to bet'ore me tltis ,~ day'oft~-.[[ ,20 Office Notes: '~' Page 3 Assigned iApplication No. .Part B: REA$ON$. FOR USE VARIANCE ('.,f:r. ectuesfed); R~CEZVED '- '"~' RPp, F~or Each and Every Permlffed Use under the Zoning Regulations for.the ,Particular. District Where the project Is L0cat~d iplease Comu t Your aflorney before.cOmp eting)i 1.- ApPlicant cannot realize a reasonable return fqr each and eve~, permlffed use under the _zoning regulations for the particular district where the property IS tocated~ demonSkated by .competent .financial evidence. The applicant CANNOT realize c~ REASONABLE RETURN :because:' (descrlbe-o'n a separate sheet). 2: The alleged:hardshlprelaflng to the property Is unique becau..se: A ~adah~eha~ alEeady be~n granted to build the l~ou~e m itPresent position. The difference is a new foundation as opposed to the old foundation with footings. 3: The. Ollegea hardship does not apply to a'substantlal po. rtioq of the district or neighborhood because: .......... '- - - - We are the only ones rebuilding th~use~ 4. The [e_queSt will not alter the essential character of the neighborhood because: We are not -re~tue-sb~g'eX-tra footage or hchangcin Ih~ dcs-i~n oi'the house.-W~ are asking for the variance to replace the old foundation with a new one. 5..The alleged hardship.has not been self-created becoose: ' -. 6, This- Is the minimum relief necessary, While at the same time preserving and protecting, the . character of'the, neighborhood, and the ~iealth, safety and Welfare of the community~ (Please explain:on aSseparc~fe'sheet if necessary.) 7. The_spirit Of the .ordinance will.be observed, public, safeiy and welfare will be secured, and sbbsfantlal justice will be done because: (Please explain on a separate sheet if necessary ] ( ) Check this box and complete PART A, Questions. on previous page lo.apply AREA VARIANCE STANDARDS. (Please consult your affomey.) OtherWise, .please'proceed'to .th~. sl.qnaturre and notary area below. ~gnatur~ of A~pell~(l~/~utho~ized 'Agent Sworn ta b~ore rn~e this n (Agent must submit Authorization from Owner] [~C ZBA App POO/02 ~ i ~ MY C~m~n Ex~ Apr 9, 2010I under zoning regulations to the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize REASONABLE RETURN because: If we go ahead with the previous permitted plans there is a danger that the old basement will fall in. We did extend our present building permit and could have proceeded with the old plans but decided to heed the advice of our contractor. However our contractor, John Kirmish has warned us that there was the possibility that when they dug around the old basement to put in the pilings for the new foundation there was a good chance that the old basement would fall in. This means that we would then still need to apply for a variance and during the process there would be an unsightly hole on the property. Therefore he has recommended that the safest and most cost efficient method would be to start the project with a brand new foundation · We felt that it would be more prudent and better for the neighborhood if we attain our variance before starting construction. (5): The alleged hardship has not been self-created because: We did not build the present basement. By requesting a variance for a new foundation we are hoping to avoid a self-created situation since the risk of collapse would be beyond our control. (6) This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. The new foundation will not exceed our already permitted footage. Placing a new house on top of a new foundation, basement and flooring would be to the advantage not only to us the homeowners but to the neighborhood as well. The character, health, safety and welfare of the community would be enhanced by this new construction. (7) The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: Per the Board of Trustee's permit, hay bales will extend along the water side of the property. There will also be a sign stating that there is to be no trespassing on the property. AppLiant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) I. Fo~' ~emolitian: Of Existing Building Areas Pl~s~e/C~--ribo areas'being removed: _ _ _ _ . .... - Demoliti-~ffoT~ufiding ~nd consU'uction of one story resmence wmmc space. - Removing/replacing existing deck, and foundation. New siding, roof and doors on garage. "- Removal of side shed. ~ ' ' ff. I~F~ Coastruetion Ar~t~ ~qeW Dwelliag or N~.w.~Addi~o~s~xteas!o~s).:,_~ . _l'~ t~,~-~-"~ I-l~ighl(fi.omfmiShedgrou~idO~foPoffi~lge):, [~e.g~, '~ha'n,;~"ifl'-.~g ,~ho~rl ~K ~n]dR Is.l~s~men~ or Ii,weSt floot:~ being e6ns~neted? If yes; please provid~ height (abo~r¢ gromd) ' reinsUred.from natui'al:existi~g grade to first fl~or: I~ Proposed ConstFai:tloa D~eripi!on..(Altera~ions o~' 8~uctural Changes) -~isfi~g sq~re foO~ge ofbuildi~S on yo~ p~ope~:.. - Pere~mge of cOre.ge of yo~ lot by%uildi~g' ~: ~O'q;;~D OF APPEAL$' V. Purpose of New. Con~tructibn: We plan to retire and need to construct a new house. The present structure is nol well constructed, the basement leaks, there is little insulation and it is not built for a full time residence. VI, Please debcribe the land contours (fl t, slope $~, heavily wooded,.marsh area, etc~) on your land and how it relates .to the difficulty in meeting the code requtreraeat(~)': . - The land is fiat with some trees. There is a slight slope towards the ~ater tl~t ends at the ' bulkhead. ZBA decision 5933 has granted relief from the building not less than 75 feet from the - bulkhead since our property only extends 100 feet fi.om thc bulkhead. This variance is requesting permission to remove the old foundation and put in a new one. Please sabrnit s .eVen (7) photos~ labeled to sh0w different angi~s. df yard are~ after, sialdng corners -for new construction), and photos of. building-area to be altered Vdth yard view. 7~2002; 2/2005; 1/2007 FOR FIIJNG Wi'tH YOUR Z.B.A. APPLICATION RECF, ZVED AIs thc sabject pretaises listed on the real estate rr~kct f6r sale7 DYes '~No ' l~...Ar, e'fl~re ,any proposals to olmnge o~alter land ~ontours? .~ No ~Y~s~. plea~, exphfin' oa' attached shes/. 3)~p~, .t,~auo~y_. ~.,~- ., · '. p brnitted vath/h/s.appkcatiotl? .[~ ~$.. . · . .... . . JmtamOuOn-! Z ' 'Plebs com%n s ' mqmryo*apP!icati°nv~'iththe'Tru~tees..l~hg,,,~,.v,:.a. ~,,. ;.: ; _q~_ J~us~of!~our m~'-'T/lU~) ~00~0;: [~' .J~[~)O .'.' · - · ppr0ve{Irnap· ' . '. r~.ra the~ a ~br~s,~n o/22~g e~ba~o,.n~ the ~rea or'prOpo~a oommoaoh .t ~ below ~,~ foot'above mean sea le~el? 1/) O E. Ai'e there any patios, concrete barriers,' hhlldaeads or fences that ex~st and are not shown , o.nI the.'sU~ey map tha,!'you are 'submitting?' ~BO~I~ ,~, ~ s~uetures on a diagram-if~m¥ exist Or .L~ . ,~'( _ __ tnease snow area of these · :, ....... o~[e none . on the above line, ifapplicable;) F. DO you have any consmtetion taking plaee'at this: time con~ming your', premises? _ [0 0. If yes, pleasb submit a copy ofyotir building permit'and map asa ro~'ed Department and deser/be: ' . PP by the Building the proximity of your lands on your. n~ap.With flfi.s application. BOARD OFAPPEAL$ . ,{~ H. Please list present use or operations ~ondU ." i:.' ' ~' J~.~ I., ' Aff~zed S~e ~d Date ~ i ~-/ - ~05; ~CEZVEo 61Z21 Appendix C State Eh~ir~n~nental Qua~ ~HORT E~RO~ For ~S~'~D~ Only P~T I ~ P~t ~o~tioa (T6 bo'complote by A~li~t ~ P~j~moO .1. App~t/S~naor ' 2. ~ N~e :'"~";~ ~r'~' ~r~r, :~ ~'.'. ¸2' llrdl~a~. ~, ,,~ 'acres Ultimately: Ill Will aroposed"acllon comply wilh e~stir~j or other existing ~and.use restriCtions:(' ' } YES ' 0( )HO ir No, describe bdelly: / 9..What is present la~d uze in vicinity ol'.pr0 ecl; (desc~be: {~'~ RestdenUal {!' )J~dListrb, I ( I C~mmercial ~ ( ) Ag~cullu'ral 0~) Par~/F°resVOpen'S'pacL (' J Other IO, DOes action ItlOol'~a a p~rmtl approvalor funding, now Or ultimately from any other Gogemmerilal agenc'y,(F6d~ral, Sial6 or LoCal) 0/0'YES ( )NCl If Yes, list agency(s) and permWappmvals: I 11. Doea -an~ aspect of lhe action have a cu~ently va!id permit or appi'o¥~ ? 1(:'~ YES ( } NO I~ Y~*, ~lst agency(s) and permil/appro~al$: ' I 12. As 'a, r~ult ~f prt~poa ed action, will e;dstlng pe?mlVapprovel require modl~c~§~n? ' , ' It. t?u.! '} "~, ' [/' . . 819nature: ' TRANSACTIONAL APPLICABLE TO DISCLOSURE ~ORIH T~ To~ of 8ou~old's ~de of ~ics pro,bis co~2ie~ of in,est on ~e p~ of To~ officers and ~Ployees. ~e pU~ose of this fo~ is to pro,de info~ation, W~eh ~ alert ~e To~ of Possible eonflic~ of int~st and Stow it to t~e ~hatever at,on is neaessa~ to avoid same. o~ar ~n~, such ~ a comply, ff~, indicate ae o~er person or ~mp~y name.) (~ else ar NA~ OF ~PLICATION: (Check all that apply.) 8 peclal EXception ~Other &Pproval or EXemption from plat'or official map Change of Zone ?i~ Grievance If Other name the acfiv/ty: Do you personally (or through your company, · relationship with any officer or employee or,he Town of $outhold? .~~ ~.mter ,, . spouse, sibling, parent, or child) /{ave a '~ ~mea_ff_ '. - ~_s a ~ ~sin -s iiicludin ~- -,,.~_erorein.lo.eeo ~ of or --~ . · _ more th 5~' If YOu an$~ered "YES"~ complete the balance of t~m~ Name O£person employ~l by the Town of Southold: indicated. Titl o or position of that person: Descv/be that relatmnsh~p betw~ Town o£fiCer or employee. Either- --" ~""~ appacant, aaent ,,, ~ . 'check the appropriat; ...... ,~-ntract Vendee).and the describe the rel!itienship in the space prov/ded, line A through D (below) and/or The Town officer or employee or his _or her. spouse, sibling, parent, or child iS (check all that apply): .. __ A)the OlVner of greater than 5% of the shares of the of tbe applicant (when the applicant is corporate stock 13) the legal or beneficial a oOrporatidn); (when the ~wner of any interest in a non-corporate entit~ applicant is not a corporation); , ~ C) an officer, dir6ctor, partner, or employee of the appticam; or D) the actual applicant. DESCRIPTION OF RELATIONsHip AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD }VJrJEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500feet of a farm operation located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m ttnd 239-n of the General Municipal Law. 1) Name of Applicant: ~"O~r~ °r:"~O~tl~, ~2~CL~[C. , 2)Address of Applicant: [q fi i0J~C-~E-t'~ ~0CL~).LOQJ~LLI'CID) 3) Name of Land Owner (if other than applicarl~: 4) Address of Land Owner: 5) Description of Propos~d Project: ~'e._~O~0,\ 6) L0cation of Property (road and tax man number¥ 7) ls the parcel within an agricultural district? ~No Flyes If yes, Agricultural District Number 8) Is this parcel actively farmed? ~No ~]Yes 9) Name and ~ddress of any owner(s) of land within the agr/cultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the ~l'own Assessors Office. Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address 1. 2.. (Please use i~ack side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 ~r the Zoning Board &Appeals at 765-1809. ~ignature ~ ~pp~i~ant Date Note: 1. The loca~ board will solicit, comments fi.om the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation wili be made by supplying a cop) &this statement. 2. Comments returned to the local board will be taken into consideration as part &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 t~me the application is submitted for review. Failure to pay a~ SUCh r,me means the application is not complete and cant vt be acted upon by the board. -14-09 fora of $outhold a~.CrlV~.O LWRP CONSISTENCY ASSES$~NT F_ORi'~4~ .,4.. INSTRUC~FiONS All applicants for perm/ts* including .Tmvn o£ $outhold agencies, shall complete this CCAF for progosed actions that are subject to the Town Of $outhold Waterfront Consistency Review Law. Th/s assessment is/ntended to supp!ement other information used by a ToWn making a det~aklat~on of consist~cy. *F_ac~t minor exempt actions including Building Permits and other.mini,~t~n~l permit$ no~ located within the Coastal Erosion furazard ~rea. 2. Before answering the questions in Section C, the preparer of this form shou/d review the exeml~t minor action list,, policies and e. xplanafiom of each policy contained in the Town of Southold Local Waterfront Revitalization Pro,'am. A proposed action will be evaluated a~ t~) its sigaificant beneficial and adverse effects up6n the coastal area (which ificlud~s all of Southold Town). 3. If'any question inSection'C on this form is answered "yes"; then the proposed.action may affect the ach/evement of the LWRppolicy standards :and Conditions-contained in the consistency review law. Thus, the action shohld be analyzed in more detail and, iF necessary,, modified prior to making a' determination that it is consistent 'to the max/mum extent practicable with the LVv~RP policy sl:andards andcund~tions.' '/.f an action cannot be certified as comistent with the LWRP policy standards and conditions, ~not .be ~ A copy of the LWRP is available in the following places: o/~line at the Town of Southold's website '(s°uth°ldt°Wn'n°rttffork.ne0, the Board of'Trustees libraries and the Town Clerk's~office. Office, the Plamfing Department, all local B. DES CRI~PTION OF SITE AND r oros Acr~or~ Th-e Application has been-submitlted to (check appropriate response):' Town Board [] PlanningB0ard[] BuildingDept. ~;~ 'Board o£Truste (a) Action undertaken directly by Town agency (e.g. capital construction, plarming activity, agency regulation, land transaction) ,(b) Financial asistance (e.g. g~ant, loan, subsidy) '4atu,re and extent of action: , ~ ' ................... /~.senl zoning classification: 2. 'Ifaninformition~licafionsh~i bef°rpro~ded:the propos~ action h~ be~ filed wi~ ~e Town of Sou~old agency,' ~e f01~w~ng. ~a) N~e of apptic~t:~~ ' l1' ~ ~l ~ ] ~~ ~~ . C. D~LOp~D COAST POLIc~ Polley-1. ~OSter a'pattern of development in the Town Pr~erves open.space, makes efficient use of infrastructure, makes that enhances eommumo, Character, minimizes ~dverse egeets of development. See LW~ Section III- Policies; Page2 for beaeficigl Use 6f a Coas{al location, and 'criteria. k~n~ sh~N ifnecessa* , { l ee~ II! ~ PolieiesPages 3 through 6 for evaluation er tena o AliacI*additional sheets if necessary P~licy.3. Enhance visual quality and protect scenic resources throughout the Town of Soum0~.~l~e LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Yes [] No:l] Not. Applicable A~eh additional sheets if necessary b NATUR3cL COAST POLICJ~Es Policy 4. Mil~imlze 'loss of life¢ structures, and natural resourc~ from flooding and erosion. See L~. Section ~II - ~ollcies Pages 8 through t6 for evaluation criteria Attach additional sheets if necessary .. Policy S, Protect and improve water quality and supply ia the Town of Sou th old. See LVvSRP Section III -Poli6ies Pages 16; through 21 for evaluation criteria [] Yes [] No ' ~ Not Applicable track additional shee~ 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;. Pa~es 27, brough 32 for evaluatmn criteria. · . ~ RECE. i'VED Policy q. Protect and improve.air quality in the Town of Soutbald. See LWRP Section III - Policies Pages ~'2throutgh 34 for evaluation criteria. ~ch ad~lh0nal sheets if necessary Policy 82 Minimize enviroamental degradation in Towa of S0uthold from solid waste and .h~ardous . ~nbstan'e~and waste. See L~ Section III-Poli~ies; Pa~es 3~ through 38 for e~aluat~on criteria. - P~LIC COAST POLICIES Policy.9.. Provide for public access to, and recreational use_ of,.coastal waters, public ~ a'an~s, resources, of the Town of Southold. See LSVRP Section HI Policies; Pages 38 throu~,h and public criteria. 46 for eyaluation ttach addttiona sheets lfnecessary' WORKING COAST'POLICi~ .................................................................. 'Policy 10. Protect Sotithold's ..... ' .................................. : ................ ' . .. wa ter-dependent uses-~,and promote47 sitin~o of new wa*er-%pen-ent~ u a ' $ · · uses in nitable locations. See LWRP Section III -: Policies; Paoes 56 for evaluation criteria. Attach additional sheets ifn~essa~ ~ Poliq 11. Promote sustainable use ofliviag marine re~oure~ ~a Long Island SOund, the Peeoaie and Town waters. See L~ Seetlo~ III - P~llc~e~; Pa~ 57 through 62 for evalua0o~ erRerla. A~ch ~ddifional s~e~ if henry -~' - ' -- Policy 12. Protect agricultural-lands in the Town' of Southold. See L~ SectiOn III - Polici~;. Pag~ 62 through' 65 for evaluation criteria. ' A~ach ad~nal sheets i f necessa~ ~ Promote Polie~ appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria, Created on 5/25/05 11:20 AM %¼oh- © " ~ '/~--/7 TOWN OF SOUTHOLD PROPERTY RECORD CARD · ' '~t~...,~,~. EOp, M'ER OW. hJ,EI1. ' N E 4a~ m. ~ye.~6 S W WPE OF BUILDING ES. ~/O ~ S~S. VL FA~ COMM. CB. MISC· Mkt. Velue ~D IMP. TOTAL DATE REMARKS (/~(/~ ~F~//¢V ~/~,~/~' ' AGE BUILDING CONDITION FARM Acre Value Per Value Acre 'illable 2 V~land ;wampland FRONTAGE ON WATER / 1 ~rushland FRONTAGE ON ROAD / / 1Duse Plot DEPTH / BULKH~D 'otol D~K Extension /~t,("? '; ~ ) I/0~ ~.,~1~ ~f~'-l-I Bosem. ent z~,~ Fl~rs ,q. ~ :~ K. ~tension Ext. Walls [~ Interior Finish '~ ,' ILR. I ~tension tire Place , Heat IDR. I FYpeR°°f ~ ~Z , R~mslst,,Floor [ IBR. ~ J :~~ Garage ~ : ~ /~D Y~O J Patio J ~:, ~ ~otal ' TOWN OF SOUTHOLD TOWN HALL SOUTHOLD, NY 11971 TEL: (6'31) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ PERMIT NO. Examined ~)/ ..~'T20 ~ Approved ~/~-~ ,20 Disapproved ~c (f/~7~ ~ Expkafion ,20.__ BUILDING pERMIT APPLICATION CHECKLIST Do you have or ne~d the following, before applyln~? Board of Health 4 sets of Building Plan~ , planning Board approval Survey. Cheek Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: ~:~-'~gT 4~.~z~t"lAtc) Phone:~/E- ~'~-~- '77~7 APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a. This application MuST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Hot 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 prat 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 w~thin 18 months fi:om 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. ThereaRer, a new p~rmit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Si~--ture of applicant or ,,me, if a corporation) (Mailing address of apphc~t) State whethgr applicant is owner, lessee, agent, architect, engineer, general conlractor, electrician, plumber or builder Name of owner of premises ~4 64 ~ IX~t~t ~ ~4/:~-.~ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Traders License No. 1. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section Subdivision (Name) Block 2_ Filed Map No. 3. Nature ofwork (check which applicable): .ewBmlding_. Repair Removal Demolition State exfsfing use and occupancy of premises and intended use and occupancy of proposed constmction: a. Existinguseandoccupancy_~?~.4~ ~"~.~"~ b. Intended use and occupancy~a,a~- Addition Other Work - 4. Estimated Cost ~::?z:~ ~:~c~. °--~ 5. If dwelling, number of dwelling units If garage, n'umber of cam _ Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor ; 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front 4-( ~ R~ar .~t! t Depth -~1 Height /~' Humber of Stories [ . ~ · ' Dimensions of same structure with alterations or additions: Front Rear Depth g~' Height. -~ ~' ~ 27 ~ Number of Stories ~ -' 8. Dimensions of entire new construction: Front Height Humber of Stories 9. Size of lot: Front .Rear Depth 10. Date ofPurchase~4o,/l~/ L~'gc::~ 11. Zone or use district in which premises are situated Rear l ['~-~ .Depth' Name of Former Owner I~,iat> 12. Does proposed construction violate any zoning law, ordinance or regulation? YES x' NO 13. Will lot be re-graded? YES__ NO ~< Will excess fill be removed fi.om premises? YES NO 14. Names of Owner of premises ~.~-1~: Address'~:~o~/~..x o tS~ Phone No.Y~/- '=r~5'- ~ [ ~E NameofArchitectl~::~,~-la-r ~.~;.~e~l~ac~ Address~-~.~ Et.odr~Ft., PhoneNozlz-~:~4.E-T7~.7 Name of Contractor .Address ~,~-~ to~., ~4-r Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a fi.eshwater wetland? *YES ~f NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES 2< NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property'is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF ) 12~>g>~I~'-F' ~,aq~::> ~. [ ~ berg d~y swo~ d~oses ~d ~ys ~ (s)he is ~e applic~t ~e of ~d~ sing con, ct) above ~, ~He is ~e ~ [W~ (Con~etor, Agmt, Co~o~te Office, ~e.) 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 hue to the best ofkis 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 Vff" dayof /~c~0~ 20 O ~ ~b~c °ta~ Public, ~e ~ N~ York No. 01K~1117~ Commi~lon ~Pima dune 21, 2008 'FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEP~RTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 34884 Z Date JULY 24, 2009 Permission is hereby granted to: JOHN & MARIE A SHACK 17A VALLEY ROAD WOBURN, MA 01801 for : ADDITIONS & ALTERATIONS TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR PER TRUSTEES, SCHD, ZBA & DEC NJ LETTER. THIS PERMIT REPLACES 33705 at premises located at County Tax Map No. 473889 Section 047 pursuant to application dated JULY Building Inspector to expire on JANUARY 1265 SHORE DR GREENPORT Block 0002 I~t No. 026.001 22, 2009 a~d approved by the 24, 2011. Fee $ 868.00 COPY Rev. 5/8/02 James F. King, President Jill M. Doherty, Vice-President Peggy A. Dickerson Dave Berge~--~ ~ ....... ~'~ ~ Bob Ghos~o, Jr. i - ~ Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 January 23, 2008 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Robert Bassolino, RA 28-55 214th Place Bayside, NY 11360 RE: JOHN & MARIE SHACK 1265 SHORE DRIVE, GREENPORT SCTM# 47-2-26.1 Dear Mr. Bassolino: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, January 23, 2008: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit #6431 to reduce the size of the proposed extension from 3,147 square foot to 2,454 square feet, increasing the distance from the bulkhead from 40 square feet to 46 square feet, eliminate the proposed second-floor addition on the garage, and remove the shed at the east to increase the size of the side yard, and as depicted on the site plan prepared by Robert Bassolino, last dated December 10, 2007, and received on December 19, 2007. 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, James F. King President, Board of Trustees JFK:eac New York State Department of Environmental Conservation Division of Environmental Permits, Region One, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790 - 3409 Phone: (631)444-0365 · FAX: (631)444-0360 Website: www. dec.state.ny.us LETTER OF NON JURISDICTION TIDAL WETLANDS ACT Denise M. Sheehan Commissioner John Shack 146 Pleasant Street Woburn, MA 01801 December 8, 2006 Re' Application # 1-4738-02383/00007 Shack property, 1265 Shore Drive, Greenport SCTM # 1000-47-02-p/o 26 Dear Mr. Shack: Based on the information you have submitted the Department of Environmental Conservation has determined that the property landward of the pre-existing (.prior to 8/20/77) bulkhead is beyond Tidal Wetlands Act (Article 25) jurisdiction. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR part 661) no permit is required. Be advised, 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 precautions arc taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within A~icle 25 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 hale bay berm. Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. Sincerely, Mark Carrara Deputy Permit Administrator cc: Robert Bassolino BMHP file VACANT PUBLIC FIA TER ~1STREEF SHORE TEST BORING eY r~.? ~ow~ Cie). ~ · oler in Brown Cle)'e~ S~d SC Woler ~ Pale Br. */,zi N. 50'38~30' E. /~.2' I00.00' £XIS TIN6 LOT LOT 1(~ ZONE X ZONE AE ( el. ~ -'-- ~ocx $. 54'1370' if'. FLOOD ZONES FROM FIRM 56105C0159 ' 5/4/98 ELEVAT/ONS ARE REFERENCED TO NGVD PIPEs LOT I~ COVE AREA = 15,746 sq. ft. to till(ne .. AUG 1 4 2OO9 SouthholdTown Board 0fTrustee~ BY TRUSTEES SouTHOLD 365/22.3 = 16.4 VF GARAGE = 545 sq.-It' ASPHALT DRIVE = 592' $q. fL GARAGE & DRIVEWAY = 1157 ~-q. fL 1157 x 0.1~' x I ~ 193.3 cu. ft. 193.%/~2.3~ 8.7 VF / 25.1 VF PROVIDE 4 DWs 6'~ ~ 7~ DEEF 'OR EQUAL ~OT COVERAGE E~S~G 2~34 sq.~k ~34~5746 = 14~ A T COMPLETION OF CONSTRUCTION ~692 sq. fl. ' 2692/15746 ~ 17~ r LOTS ~6, 17 & P/LO (~ Z: 'PlO LOT (~ ,S-Ut~vEY OF T ., r"A,9 o ~o. , SO~, ~F SOUTHOLD ~/47 ~ 0.17 ~ I 365 cu. fL a 1,1998 ~.?.N. ;ZT, 200? (PROP ADO/T.) ~"~.~, 2oo~ .or ~OV~RA~ · 12, 2009 (PROP. ADDITION] gR _ ,'),~q/,')l- SHORE LOT N. 50'~8'$0' E. I00.00' LOT ® LOT I~ ~ 54~370' ~ PIPES 114.2~' COVE AREA = 15,746 sq ft to ti line PlO LOT 1(~ £X EpTO--F'¢-"~-C-TION 7~09 OF THE NEF YORK STARE a~..~noR LAW, X EPT AS PER ~CTION 7~OB-SUBDIVI$ION g. ALL CERTFICA TIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE iMPRESSED SEAL OF THE SURVEYOR WHOSE S/GNA TURE APPEARS HEREON.. ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM 'ALTERED BY' MUST BE USED BY ANY AND ALL SURVEYORS UTILI~ A COPY OF ANOTHER SURVEYOR°S MAP. TERMS SUCH AS 'INSPECTED' AND 'Bi'OUgHT-TO-DATE' ARE NOT IN COMPLIANCE WITH THE LAF/. SURVEY OF LOTS 16, 17 & P/LOT 15 MAP OF GREENPORT SHORES RLED JUNE 29, 19E,0 FE.EIvO. 1759 AT GREENPORT TOWN OF SOUTHOLD SUFFOLK COUNTY. N Y. 1000 - 47- 02-PlO 28 $CAI.~.. 1" = SEPT. [ 19a8 P£CON/C SU~f~EYOI~ (516) 765 - 5OEO P. O. BOX 909 1~30 TRAVELER STREET SOUTHOLD, N.Y. 119~1 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehfinger James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman I~oARD oF APpEAI-q http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (63:1) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 5, 2006 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Noah Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED ~_~z~NOV 3 2006 Southold Tow~ ZB File No. 5933 - John Shack Jr. Property Location: 1265 Shore Drive, Greenport CTM 47-2-26.1 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 15,746 square foot non-conforming parcel in an R-40 Zone and is improved with a single-family, one-story frame house with wood deck and patio, as well as a detached one story frame garage, as shown on the September 1, 1998 survey prepared by Peconic Surveyors, P.C. BASIS OF APPLICATION: Requests for Variances under Sections 280-122, 280-116, and 280-124 (formerly 100-242A, and 100-239.4B, 100-244), based on the Building Inspector's April 11, 2006 Notice of Disapproval, amended June 19, 2006 and June 23, 2006 concerning proposed additions, alterations to the existing single- family dwelling for the reason that the additions and alterations will constitute an increase in the degree of nonconformance when located less than the code-required 10 ft. minimum on a single side yard and less than 25 I~t. total side yard minimum, and proposed less than the code-required 75 ft. minimum from the bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 31,2006 and September 28, 2006, 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: AREA VARIANCE RELIEF REQUESTED: The applicant's original request was for a very large addition to attach the existing home with the accessory garage and to build second-story addition(s), resulting in a new nonconforming setback on one side yard at 6.91 feet and the other side at 19.42 feet, for the enlarged pdncipat building (single-family dwelling with garage). ADDITIONAL INFORMATION:AMENDED RELIEF: During the August 31, 2006 public hearing, the applicant was requested Jo increase the setbacks as an alternative that would be more conforming to the code's setback requirements of 10 feet minimum side yard and minimum 75 ft. from the bulkhead. The applicant agreed, and on September 22, 2006 submitted an altemative plan increasing the side yard to 9 feet instead of 1ft. 9.5 inches, and increasing the setback to the bulkhead to 40 feet. TOWN CODE CHAPTER 95 {268) LWRP DETERMINATION: The applicant ks requesting additions and alterations to expand the existing dwelling, after attaching the accessory garage building, for an overall Page 2 - October 5, 2006 ~ ~ ~ t./~ ZB File No. 5933 - Jo RECE]'VED CTM No. 47-2-26.1 BOARD OF APPEALS enlarged principal building (single-family dwelling), and with a set back less than the code-required 75 fee[ minimum from the bulkhead and less than 10 feet on a single side yard. A Determination of Inconsistency was issued on July 18, 2006 under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. Grant of alternative relief in this variance application will increase the setback measured from the area of new construction (addition) and the bulkhead to maintain the minimum setback of the existing dwelling, and denies the applicants requests for substantial variance relief. The alternative relief granted herein will meet code minimum requirements of 53.3% for the setback of the new addition, under the strict requirements of Section 280-116 (100-239.4B) of the zoning code. All new construction will be required to conform to the Zoning Code minimum standards applicable on a parcel containing only 15,746 square feet, except that a variance is granted for a one-foot reduction on the easterly side yard. Since the additions to the dwelling on the subject property are being dramatically constructed as proposed, it is reasonable to eliminate any the extreme non-conformity of the existing house and require the greatest reasonable degree of conformity with the Zoning regulations, as well as the LWRP, which mandates the highest standards of coastal erosion/wetland/water bodies protection approved by New York State and Southold Town. SPECIAL EXCEPTION REQUEST WITHDRAWN: During the August 31, 2006 public hearing, the Board and the applicant also discussed the required conditions and eligibility requirements in the Zoning Code for a proposed Accessory Apartment within an existing principal dwelling. The applicant confirmed he is not able to create the Accessory Apartment within the existing single-family dwelling with its present size, and that the additions are necessary to increase the living areas. During the September 28, 2006 hearing and by submitting a letter dated September 9, 2006 to the ZBA from the applicant's Architect (Robert G. Bassolino), the application for the proposed Accessory Apartment was withdrawn. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The original request of the applicant was substantially crowding the side yard adjacent to neighboring premises. The side yard relief granted as an alternative is one foot, for a 9' setback instead of the code-required 10' setback. Many of the improved lots in the immediate area have a non- conforming side yard or have a non-conforming setback from the bulkhead adjacent to the waterfront of Pipes Cove. 2. The benefit sought by ~he applicant can be achieved by the some method, feasible for the applicant to pursue, other than the original request for area variances. Alternative relief is addressed below which increases the setbacks to be more conforming to the code requirements and reduces the lot coverage to less than the code limitation of 20% for all building construction on the lot. 3. The variances as applied are substantial, however, the applicant has offered an altamative plan, based on discussions at the public hearings with the Board, which are not substantial with greater conformity to the code, increasing the side yard setback substantially and maintaining a minimum 40 fL setback from the bulkhead. 4. The difficulty has been self-created. 5. The alternative relief herein increases the setbacks to be more conforming to the code requirement. No evidence has been submitted to suggest that alternative relief in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Many of the improved lots in the immediate area have non-conforming side yards, as well, and existing homes have non-conforming bulkhead setbacks. Page 3 - October 5, 2006 ZB File No. 5933 - John Shack J CTM No. 47-2-26.1 RECEIVED BOARD OF APPEALS 6. Grant of alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions with alterations to the existing dwelling, while preserving and protecling the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Simon, and duly carried, to DENY the variance as applied for, and to GRANT ALTERNATIVE RELIEF as shown on the 9-15-06 amended construction plans (diagrams 1 & 2) prepared by Robert A. Bassolino, Architect as follows: 1. That the single side yard be increased from 1' 9-112" to a minimum of nine (9) feet on the easterly side of the property. 2. That the setback from the bulkhead be a minimum of 40 feet. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliye'-(Chairwoman), Goehringer, Dinizio, Simon and Weisman. Resolution was duly adopted (5-0). :~.~, ~.~ Ruth D. Otiva 11/-~ /06 Approved for Filing This PIPES CO VE JUN ~ SURVEY OF ~ ~ A T GRE~PORT ~ ~ ~ tOWN OF SOUr~O~D SU~K COUNT~ N AREA = 15,746 sq. ft to ti Ikle / 't'£cotac st,~rEvo~. f516) 765 - 50EO~ P. O. BOX ~9 ~ Ig30 TRAVELER STR~ S~T~D, N. Y, 11971 ~,EcEIVED BOARD OF APPEALS SHORE LOT 1~ FLOOD ZONES FRO FIRM AR£A = ~5,74~ sq ft ~o ,o~ I ZONE ~ ,~/~, I' ZONE AE ( el.~ ~~ PIPES CO VE LOT (~ SEP ]! 4 LOT COVERAGE EXISTING 2234 SO.FT 2254/15746 = 14% 3284/15746 = 21% A T COMPLETION OF CONSTRUCTION A T GREE~ORT TOWN OF SOUTHOtD SUFFOtK COUNT~ N ~ ~ - 47 - ~-P/O~ 98- 283 (2) AFPFAL~ BOARD MEMBERS Gerard R Goehr~nger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Rober~ A. Villa Rieha, d C. Wil~n Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD SCOTT L. HARRIS Supervk~or ~Ibwn Hall, 53095 Main Road EO. Box 1179 Southald, New York 11971 F~x (516) 765-1823 Telephone (516) 765.1800 Appl. No. 4190. Upon application of JOHN AArD MARIE S. SHACK for a Variance to the Zoning ordinance, Article XXIII, Section 100-239.4B for permission to construct deck addition within 75 feet of bulkhead at Pipes Cove, Greenport Shores. Property Location: Shore Drive, Greenport, Greenport Shores combined Lot Nos. 16, 17 and p/o 15; County Tax Map Parcel 1000-47-2-26.1 (prey. 26). The subject premises is substandard in size and is located in the R-40 Low-Density Residential Zone District. WHEREAS, a public hearing was held on September 20, 1993, at which time all those who desired to be heard were heard and their testimony recorded; W~EREAS, the Board has carefully considered all testimony and documentation submitted concerning this applioation; WHEREAS, Board Members have personally viewed and are familiar with the premises in question and properties in the surrounding (R-40) zone district; WHEREAS, the Board made the following Findings o~ Fact: 1. By this application, appellants seek a variance under Article XXIII, Section 100-239.4B for approval of an open deck addition/extension at the rear (southeasterly end) of the existing dwelling, all as shown on the sketch as amended and prepared by the applicants. The dimensions of the deck are proposed at 14'0" by 22'0" wide, which will leave a 40 ft. setback from the existing bulkhead. A six-foot wide step area is proposed for a depth of 18" to 22" (for two or three steps) off the rear of the proposed deck. There will be no reduction in either sideyard, and only a part of the deok, and entire step area, protrudes past the rear of the house towards the bulkhead. 2. The premises in question is identified on the Suffolk County Tax Maps as District 1000, Section 47, Block 2, Lot 26.1 and contains a total lot area of approximately 14,250 sq. ft. RECEIVED BOARD OF APPEALS J2 - Appl. No. 4190 ~ter of JOHN'kND MARIE S. SHACK cision Rendered September 20, 1993 / 3. Article XXIII, Section 100-239.4B of the Zoning Code / requires all buildings and structures located on lots upon which ! =~l~a bulkhead, concrete wall, rip-rap or similar structure exists and which is adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. The setback of the dwelling am exists is presently nonconforming at approximately 43 feet from the bulkhead at its closest point. The dwelling was constructed prior to 1972 and preexists this Local Law (which first became effective in March 1985). 4. In considering this application, Board Members find: (a) the relief 'requested is not sLhbstantial in relation to the existing established nonconforming setbacks existing on this property and nearby waterfront area. (b) this proposed construction is strictly for an open deck addition without a foundation or basement and without a screened or permanent-type enclosure. This type of construction is not.considered major and will not affect the stability of the soils seaward of the house; (c) the relief requested will not alter the essential character of the neighborhood - the topography of parcels in the immediate area have significant differences in topography, shape and character in relation to the creek shorelines, however, each are bulkheaded near the ordinary highwater line to aid in the prevention of erosion Or other disturbance to the natural ground; (d) the practical difficulties claimed are uniquely related to the property and are not personal to the landowner; (e) the grant of the relief as requested will not in turn be adverse to the safety, health, welfare, comfort, convenienoe or order of the town, or be adverse to the neighboring properties; (f) there is a greater benefit afforded to the property owner than the public, although the reduction from the existing nonconforming setback is minimal as requested, and there will-not-be a detriment to the health, safety, and welfare of the neighborhood-or community by the grant of this variance; (g) the benefit sought by the applicants cannot be achieged-by some other method, feasible for the applicant to pursue, other than an area variance -- particularly in light of the established nonconformities in this neighborhood; RECEIVED BOARD OF APPEALS ~. 3 - Appl. No. 4190 ,'~cr of JOHN AND MARIE S. SNACK .~ision Rendered September 20, 1993 (h) in view of all the above, the interests of justice will be served by the grant of the requested relief as requested and conditionally noted below. Accordingly, on motion by Chairman Goehringer, seconded by Member Doyen, it was RESOLVED, to GRANT the relief as requested in the Matter of the Application of JOHN AND MARIE S. SHACK under Appeal No. 4190 for a proposed open deck, SUBJECT TO THE FOLLOWING CONDITIONS: 1) the setback shall not less than 40 feet from the existing bulkhead, except that a 18" to 22" (maximu~ depth) step area at a width of six feet may be added at the rear of the deck. 2) the deck shall remain unroofed and unenclosed at all times {no temporary enclosures such as screening}; 3) outdoor lighting which may be proposed shall be shielded toward the ground so as not to glare onto nearly lands. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. RECEIVED AND ~LED BY THE $OUTHOLD TOWN CHEEK | DATE , HOUR ~ro~rn Clerk, Town o! BOARD OF AppEAl~ PIPES COVE BOARD OF APPEAL~ Appem~No. 2564 Dated June 25, 1979 To Mary S=yegh 515 Shore Drive Greenport~ New York 11944 Aug. 10, 1979 ~ECE~VED BOARD OF APPEALS ................... of the zoning oedb~nce and the decision of the BullcUng l~spector ( ) be reversed ( ) be confirmed became 8:05 P.M. (D.S.T.) Upon application of Mary Sayegh, 515 Shore Drive, Greenport, New York, for a variance to the Zoning Ordinance, Article III, Section 100-31 and Bulk Parking Schedule for permission to divide property with insufficient width and area. Location of property: Shore Drive, Greenport, New York, bounded on the north by Shore Drive; east by Chasko; south by Pipes Cove; west by Morris. SEE REVERSE (b) The hsrdthip c~ate4 (~) (is not) unique and (w~d) (wou~d not) be sh~ by all properties SEE REVERSE (e) The variance (does) (does not) observe the spirit of the Ordinance ~nd (would) SEE REVERSE (would not) s~. ~WRSE APPROVED 2', . FORM After investigation and inspection the Board ~inds that the appli- cant is the owner of a vacant lot on Pipes Cove, Greenport, New York, whioh is presently merged to her house lot. The applicant wi~he$ to divide this lot from the house property in order to build a dwelling for herself. The newly crested lot will conform in size to the other lots in the neighborhood and in some instances will be larger. The Board agrees with the reasoning of the applicant. On motion of Mr. Tuthill, seconded by Mr. Grigonis, it was R~SOLVED, that Mary Sayegh, 515 Shore Drive, Greenport, New York, be GPd%NTED permission to divide property with insufficient width and area. Location of property: Shore Drive, Greenport, New York, bounded on the north by Shore Drive; east by Chasko; south by Pipes Cove; west by Morris, upon the following conditions: (1) Board of Health approval for the sewerage systems. (2) Approval of the Suffolk County Planning Comamission. Vote of the Board: Ayes: Messrs: Douglass, Grigonis, Doyen and Tuthill, · ~OARD OF APPEALS P~CEIVED AND PILED BY T}I~ SOUTHOLD TOWN ~ Town ~er~ To~ ~ ~u~ GREENPOIRT:~ ,. ..~ SEGTIO~ .I ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville December 11, 2009 Zoning Appeal No. 634 Transmitted herewith is Zoning Appeals No. 6363 of Marie & John Shack - 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, Copy of Property Record Card, 4 Pages of Photos of Property & Surrounding Properties, Notice of Disapproval from Building Department Dated October 15, 2009, Notice of Disapproval from Building Department Amended December 4, 2009, Copy of Map Showing Property, 6 Pages of Findings & Determination from Board of Appeals Filed on November 3, 2006, 4 Pages of Findings & Determination from Board of Appeals Filed September 23, 1993, 3 Pages of Findings & Determination from Board of Appeals Filed August 20, 1979, Copy of Survey Showing Proposed Construction Dated December 4, 2009 Prepared by Peconic Surveyors, Copy of Drawings Showing Elevations, Site & Floor Plans Dated September 15, 2009 Prepared by Robert Bassolino, Architect. Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/11/09 Transaction(s): 1 1 Application Fees Check#: 1072 Receipt~: Reference 6363 Total Paid: 62334 Subtotal $600.00 $600.00 Name: Shack Jr, John 146 Pleasant Street Woburn, MA 01801 Clerk ID: CAROLH Internal ID: 6363 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. 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, APRIL 22, 2010 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box '1179, Southold, New York 11971-0959, on THURSDAY~ APRIL 227 2010: 9:45 A.M. JOHN SHACK, JR. #6363. Request for Variances from Code Section 280-116, based on an application for building permit and the Building Inspector's October 15,2009, amended December 4, 2009 Notice of Disapproval concerning demolition and construction of a single family dwelling, (1) less than the code required set back of 75 feet from a bulkhead, (This is a deviation of prior grant #5933 for alterations & additions) at: 1265 Shore Dr., Greenport, NY. CTM#47-2-26.1. 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 (63t) 765-t809, or by email: Vic ki.Toth~,Town. Southold. ny.us · Dated: March 23, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 64375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1t79 Southold, NY 11971-0959 #9717 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) APR 8 0 ZOto BOARD 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 15th day of April, 2010, Principal Clerk Sworn to before me this ] ~ dayof ~/~/(~/ 2010. NOTARY PUBLIC-STAlE OF N[W YORK LEG~ L NOTICE $OUT~HOLD TOWN ZONI3NG BOARD OF APPEAI~S - ]HURSDAY. APRIL 22. 2010 PUBLIC tlEARINGS NOTICE IS HEREBY GI~EN~ put~ saant to Section 267 of t h~Towa Law and Town C~de Chapter 28(} (Zoning),Tow~ NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME SHACK, John J. #6363 MAP # 47-2-26.1 VARIANCE SETBACK REQUEST Demo/reconstruct dwelling DATE: THURS,APRIL 22, 2010 9:45 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 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 ¥oungs Avenue, Southold website: http://southtown.northfork.net March 22, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, April 22, 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 April 1st: 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 alii 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 undeliverable1 you are requested to make other attempts to obtain a mailin,q address or to deliver the letter to the current owner, to the best of your ability1 and to confirm how arran,qements were made in either a written statement, or durin,q the hearin,ql providinq the returned letter to us as soon as possible; AND not later than April 2nd: Please either mail or deliver to our office your Affidavit of Mailin,q (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later April 14th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Postin,q for receipt by our office before April 20, 2010. 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. i ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK [n the Matter of the Application of (Name of Appl(cants) erMVarcel#lO00. ~7 - & g("' ] AFFIDAVIT OF MAILINGS COIYNTY OF SUFFOLK) STATE OF NEW YORK) , , o p ~ On the~d_a), of_ .¢~.~'~' I , oho ~0, I persoually mailed at the United States Mu=a ~ =u, a ~e copy o~the at~ched Legal Notice in prepaid envelops ad~ess~ to ~e~}t o~efs sho~ on ~ ~u~ent ~sessment roll vehfie~from ~he omoial on file m me [ ) Assessors, or~) uo~ Real Properly Office ~i~eh~ ~, ~ ', for eve~ prope~ ~luch abuts and is across a public or pffva~ce s~ee~, 'or vehicular~i~- -~ o , ' , ~ gut-or-way or recor~ su~o~dmg the applicant s pro~. (Signature) Sworn to before me this . ~-- ;A; 5 s~[t;'v~ - ][ ~) aay°f~rl~,[ ,20t * , [ ~ ~C~m~nExpi~A~9,~lO~ public) ~EASE list, on ~e back oft~s ~vit or on a sheet 0fpa~r ~e lot nmnbers ne~ to the o~er names and addresses for which notices were mail~. ~ you. *2.80 $2.~0 Here m m m Postage Certified Fee I~ (Endorsement Required) $2.~ Here ~ (E~do~ment Required) ~ [~b~:~:F"TTi ;~'~--'-'~")7;;-'~--~'7- ........................... c,~,.~..~,~ ~ ~,.-[r?'-~ ..... Postage Ce~fled Fee Return Receipt Fee (EmJorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fee8 $ $1.~ $2.90 O1 $ ~.15 ZONING BOARD OF APPRALS TOWN OF SOUTHOLD: NEW YORK In the Matter or,he Appl!cafion of (Name of Applicants) AFFIDAVIT OF SION POSTING Regarding Posting of Sign upon Applicant's I-and Identified as ooo-'¥7 - 4 - i COUNTY OF SUFFOLK) mw _, ew fork, oeing duly sworn, depose and say ~ On the. /cO day of~ A /'!/ , ?,.e)/D I Poster, with the date ofhearim, a ~r ~ _ _ ,. personal, fy. p. laced the Tovm's official o n nature of my apphcation notea thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-Way (driveway entrance) _ facing the street or facing each street or right-of-way entrance;* and that th-- ,_.I h.e,reby.com..mu tl~, .t the. Pos. ter has remained tn place for§even days prior to theft dat ~uu°jectneanngaate, wucn neanng dale was shown to be /~'d¥:.;'] ~.2 "-~-" eof Sworn to before me this /Y dayof .....~r, 7 (Notary Public) ,20~) (Signature) ear the enmmce or drivoway entrance of my property, as the area most visible to passersby. · 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 tatum the card to you. · Attach this card to the back of the mailpieca,.~; or on the front if space permits. 1. ArticleAddressed to: [] Agent [] Addressee B. Date Det[very 3. Servk=e Type n C.~tlfled Mail [] Express Mall [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (E~tra Fee) [] Yes · 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 mailpisoe, or on the front if space permits. [] Agent ~ of Delivmy 3. Service Type [] Certified Mail ri Exp~ese Mail I-1 Reglsterec/ [] Retum Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Daiivery? (Ex~a F6e) [] Yes · Complete items 1, 2, and 3. Also complete item 4 if Resthcted 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 mailpieca, or on the front if space permits. D. isdaiiveryaddressdifferentfTomlteml? i-lyes If YES, enter daiive~J address below: [] No [] C-,e~ed Mail O Expreas Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] yes 2. /~tJcle Number Form 3811, February 2004 Dom~tic Return Receipt 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) 76S-1809 Fax (631) 765.9064 December 14, 2009 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of South01d Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6363 Shack, John Jr. Dear Mark: We have received an application for proposed construction on non-conforming waterfront lot. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Gerard/p..~Goehringer Chai~fi__~a~ _~ __ _ By: (_X_{~IY~V~ ~-~ Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765,9064 December 18, 2009 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant ~XlV of the Suffolk County Administrative Code: ZBA File ~ 6~36~Owner/Applicant: Shack, John Jr. Action Requested: Setback to the bulkhead. 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 ,~ ;oehringer ZBA C~ By: '--' ~l~ ~ Office Location: Town Annex/First Floor, Capihal One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 FaX (631) 765-9064 December 14, 2009 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. N¢~ 6363~hack, Dear Mark: John Jr. We have received an application for proposed construction on non-conforming waterfront lot. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Encls. Gerard .BcGoehringer By: .... Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 May 27, 2010 John Shack, Jr. 17A Valley Road Wobum, MA 01801 Re: ZBA~ Dear Mr. Shack: Transmitted for your records is a copy of the Board's May 20, 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. $ j~ ~ / / I / /