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Home My WebLink About6402 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 18, 2010 ZBA FILE: 6402 NAME OF APPLICANT: Michael and Carolee Levison SCTM#1000-57-1-14 PROPERTY LOCATION: 1025 Albacore Dr. and Blue Marlin Dr., (adj. to canal leading to Southold Bay) Greenport, NY 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 June 15, 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: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated June 24, 2010,,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: Based on a survey dated March 31, 2010, prepared by Nathan Taft Corwin, iii, LS, submitted with the application, subject property is an improved, non-conforming, lot consisting of 21,997 sq. ft. buildable land. It has 94.17 feet of frontage on Albacore Drive and 70 feet of frontage on Blue Marlin Drive, 176.14 feet on the western property line, 100 feet on a canal and 162.54 feet on the eastern property line. BASIS OF APPLICATION: Request for Variance from Code Sections 280-116B, based on an application for building permit and the Building Inspector's April 8, 2010, Notice of Disapproval concerning additions to an existing dwelling, at: less than the code required setback to a bulkhead of 75 feet. RELIEF REQUESTED: Applicant is requesting a deck and a modest one-story addition to the waterside of the house. They are requesting a setback of 58 feet from the bulkhead where the code requires 75 feet. ADDITIONAL INFORMATION: During the hearing, the applicant's agent, presented an amended survey dated July 27, 2010 prepared by Nathan Taft Corwin III, LS, showing a slightly larger one-story addition and a reduced deck. Agent stated that the applicants decided they would like a larger master bedroom instead of a large deck. Page 2 - August 18, 2010 ZBA Fi1¢#6402 - Lcvison CTM: 1000-57-1-14 The revised survey shows the addition setback 58.5 feet, which moves the addition a half foot further away from the bulkhead. A neighbor of the applicants appeared at the hearing to state he was in favor of the application. FIND1NGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 29, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Town Law §267-b(3)(b)(1). Grant of the variance of will not produce an undesirable change in the character of the neighborhood. The entire neighborhood, on the northeasterly side of Albacore Dr., as well a Blue Marlin Dr., consist of similar size lots that front on a canal that leads to Southold Bay. The majority of the lots are improved with both one story and two story one-family homes, with the same or similar front and rear yard setbacks. 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 meet the code required setback, based upon the "as built" placement of this ranch type home. Town Law §267-b(3)(b}(3). The variance requested is substantial; it is a 16.5' reduction from the present Code requirements. This represents a 22% variance from the required bulkhead setback of 75 feet. However, similarly non-conforming setbacks fi'om the dug canal are common in this neighborhood Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that the granting of this variance will have an adverse impact on the physical or environmental conditions in this non-conforming neighborhood. The majority of the existing homes have similar setbacks to the canal. The applicants will install drainage, gutters and drywells. Town Law §267-b{3)(b)(5). The difficulty has been self-created, the dwelling is existing and due to its location on the lot, any additions on the rear of the dwelling would require variances from the required setback to the bulkhead. 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 slightly larger master bedroom and a rear deck, 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 Goehringer, and seconded by Member Dinizio, to; GRANT, the variance, as applied for, based upon the survey dated July 27, 2010 prepared by Nathan Taft Corwin III, LS and architectural plans dated July 24, 2010, prepared by James A. Richter, RA, labeled P1 & P2. Any deviation from the survey, site 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. 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 Page 3 - August 18, 2010 ZBA File#6402 - Lcvison 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 Weisman (Chairperson), Goehringer, Dinizio, Schneider. (Absent was: Member Horning) This Resolution was duly adopted (4 -0). Leslie Kanes Weisman..Chairperson Approved for filing t~/2t /2010 REC[tVED $c~thold T~ ,~ Cler~ 8,.3o'o?' 33.85 E 1 STORy F L, z'-x qChgo SURVEY OF LOT 33 MAP OF SOUTHOLD SHORES FILE No. 3853 FILED AUGUST 29, 1963 SITUATED AT ARSHAMOMAQUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-57-01-14 SCALE 1"=20' OCTOBER 14, 2008 DECEMBER 1, 200B ADDED PROPOSED ADDITION dANUARY 28, 2010 ADD£C ADDITIONAL NOTES MARCH 8, 2010 SET LATH FOR SITE INSPECTION MARCH 31, 2010 ADDED SETBACK FROM BULKHEAD TO PROP. DECK JULY 27, 2010 REVISE PROPOSED ADDITION AREA = 22,450 sq. fl. 0.515 ac. MICHAEL LEVISON CAROLEE LEVISON NOTES: 1. ELEVATIONS SHOWN ARE REFERENCED TO N.A.V.D. 1988 2. LOT AREA LANDWARD OF BULKHEAD = 21,997 sq. 3. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 56105C0159 H ZONE AE' BASE FLOOD ELEVATIONS DETERMINED. ZONE X, DATUM AREAS DETERMINED TO BE OUTSIDE THE 0,2% ANNUAL CHANCE FLOODPLAIN, AREA DA TA (OVER LOT AREA LANDWARD OF BULKHEAD (21,997 sq. ft)) DESCRIPTION AREA % LOT COVERAGE EXISTING HOUSE 2,525 sq. ft. 11.48% PROPOSED 1 STORY ADDITION 212 sq. ft. 0.96% PROPOSED DECK 168 sq, ft. 0.76% TOTAL 2,905 sq. fl. 13.20% DRAINAGE SYSTEM CALCULATIONS: 1 STORY ADDITION AREA: 212 sq. ff. 212 sq. ft. X 0.17 = 36 cu. ff. $6 cu. ff. / 8.73 4 vertical ft. of 4' dia. leaching PROVIDE (1)4' dia. X 4' high STORM BRAIN POOL pool required PROPOSED 4' DIA. X 4' DEEP DRYWELL WITH GUTTER LEADER FOR ROOF RUN-OFF: FIN~-~AL MAP -~ IR;VmW;O "¥ zs^l IsEE DECISION ~ I ?~ED ~,l~ I.~] UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. No 50467 Nathan Taft Corwin III Land Surveyor PHONE (651)727-2090 Fax (551)727-1727 320, · 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 mailpiece, or on the front if space permits. 1. Article Addressed to: EDOUARD BEAUGARD PO BOX 902 SOUTHOLD, NY 11971 2. Article Number (Transfer from service la 7 D 1 0 PS Form 3811, February 2004 [] Agent Date of Belivery D. Is del~s~y ~ item 17 [] Yes If YES, enter delivery addre~ be~w: [] .No, , ~:e~dit~ Mall I-I Express Mail [] R~gictered [] Return Receipt for Memhandise [] Insured Mall [] C,O.D. Restricted Delive~j? (Extra Fee) [] Yes 0290 0003 2822 8343 Domestic Return Receipt (~.~[' ~ 102595-02q~-1540 · Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reveme so that we can r~um the card to you. · Attach this card to the back of the mailpisoe, or on the front if space permits. 1. Article Addressed to: B. Received D. Is datives7 II Yes If YES, enter delivery address below: [] No SOUTHOLD SHOREs ASSOc/NC PO BOX 396 SOUTHOLD, NY ! ! 971 Restricted Delivery? (Ext'Ta Fee) [] Yes 2. Article Number (Transfer from service I~ . 7010 0290 0003 2622 8329 PS Form 3811, February 2004 Domestic Rctum Receipt ~ (. ~ 10259s-~-I~ls4~ EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www.enconsultants.com July 26, 2010 Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Fax: 765-9064 At'm: Elizabeth p. EC~EO BOARD OF APPEAL~ RE: MICHAEL & CAROLEE LEVISON - 102~ ALBACORE DRIVE, SOUTHOLD Dear Board Members: As you requested, we enclose the return receipts from the mailing for the public heating scheduled for July 29, 2010. Also enclosed is the affidavit of sign posting signed by Robert E. Hemnann. The originals are also being mailed. Truly yours, Linda E. Nap;i P~fft Administrative Assistant enclosure ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- - COUNTY OF SUFFOLK) STATE OF NEW YORK) RECFIVE[SFFIDAVIT OF SIGN JUL ~ ? 20I~POSTING BOARD OF APPEALS · New York, being duly sworn, depose and say that: On the__ { ga, q day of ~"ta,,-[' ,"'LotO, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from tbe street or right-of-way (driveway entrance) - facing the street or facing each street or fight-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days phot to th/at date of the subject hearing date, which hearing date was shown to be ~_m[~ D-q .~o I O . Sworn to before me this k.__.. - X0qotary Publi~)' ~ig~turei - ~ ear the entrance or driveway entrance 0fray pmper~y, aslhe~r~eaanost ;'isibte4o~passersky: 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 June 1, 20,10 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # ~evison, Michael and Carolee Dear Mark: We have received an application for additions and alterations to a single family dwelling, bulkhead setback. 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, Leslie K. Weisman Chai~.o_n/j Encls. Office Location: Town Annex/Ftrst Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 $outhold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 June 1, 2010 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XlV of the Suffolk County Administrative Code: ZBA File # 6402 Owner/Applicant: Levison, Michael and Carolee Action Requested: Additions and alterations to single family dwelling, 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. Leslie K. Weisman ZBA~i rpe;~,~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August 19, 2010 Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Rd Southampton, NY 11968 Re: ZBA # 6402, Levison Dear Mr. Herrmann: Transmitted for your records is a copy of the Board's ~ [~, 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. Sincerel~ Vicki Toth End. Cc: Building Dept. NEW WOOD DECK ADDITION 17' - 8" +/- ~ ' ' ; ' ' ~ NEW MASTER ~ ~~ BEDROOM ADDITION EXISTING.,~ :: ~ /~ LIVINGROOM ~. ~ ~' ~ & DEN ~ ~ ; : , ' I _ ; O O EXISTING ~ NEW MASTER BATHROOM & RESIDENCE EXISTING ~ CLOSET RENOVATION +/- 2,075 S.F. ~ KITCHEN ~ ~ ..... ~~~ FINAL MAP BEDROOM ~ EXISTING ........ ~ ~, +/- 450 S.F. I J PRELIMINARY FLOOR FLAN MASTE~ BEDROOM ADDITION ~1- 212 S.F, Scale: HEW WOOD DECK ADDITION ~/- 168 S.F. EXISTING RESIDENCE */' 2'075S'F' EXISTING GAUGE +/- 450 S.F. 12'- 0' NEW ADDITION Top of Ridge - F. xistJng High Point 17' - 8" NEW ADDITION PROPOSED EAST Existing Residence to Remain ELEVATIONS Scale 1/8" = 1' - 0" FINAL MAP REVIEWED BY ZBA SEE DECISION # ~o~ DATED,? I;? I /~ Top of Ridge - Existing High Point Top of Ridge - Proposed Addition Finish First Floor EXISTING GRADE PROPOSED NORTH ELEVATIONS Scale 1/8" = 1' - 0" P2 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C. P DIRECTOR OF PLANNING June 15, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 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 them appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Mattina, Charles Francis, (Gillian) & Salm (Sarah) Levison, Michael & Carolee Ullman, (Judith) &Moch (Yehudit) Ward, Roy 8,: Dawn Gorman, (William) & Watts (Christine) #6381 #6400 #6402 #6403 #6404 #6405 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG.- 4TH FLOOR P.O. BOX 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 J~/~.~'~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 MEMORANDUM RECEIVED To: Leslie Weisman, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: June 24, 2010 Re: LEVISON, MICHEAL AND CAROLEE #6402 SCTM#1000-57-1-14. _~P.D OF APPEALS 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 below listed Policy Standards and therefore is CONSISTENT with the LWRP. In March of 201 O, the Board of Trustees issued a permit for the proposed action requiring a 10' non-turf buffer and the installation of drainage, gutters and drywells. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney FORM NO. 3 NOTICE OF DISAPPROVAL Date:04/08/l 0 RECEIVED B.~R~D OF APPEALS TO: R. obert Hermann for M & C Levison 1319 No. Sea Rd. Southampton, NY 11968 Please take notice that your application dated March 11, 2010 For permit for additions to an existing dwelling at: Location of property: 1025 Albacore Dr., Greenport County Tax Map No. 1000 - Section 5~7 Block 1 Lot 14 Is returned herewith and disapproved on the following grounds: The additions to the existing single family dwelling are not allowed pursuant to Article XXII, section 280-116 (B), which states "All building or structures located on lots upon which a bulkhead ...exists... shall be set back not less than 75 feet from the bulkhead." The plans show a proposed setback of 58' feet from the bulkhead. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. Fee: $ Office Notes: · o t I W For Offi~o Uso Only · Filed By: ff~-' ]"]'l~"~/(/l~ Date Assigned/Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No. 1025 Street ALBACORE DRIVE Hamlet SOUTHOLD SCTM 1000 Section 57 Block 1 J~ot(s) t4 Lot Size 22,450 S.F. Zone DistrictR-40 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: 4/8/10 BASED ON MAP DATED 3/31/10 Applicant(s)/Owner(s): MICHAEL & CAROLEE LEVISON Mailing Address: P.O. BOX 1235, SOUTHOLD, NY 11971 Telephone: 631-765-3638 Fax: NOTE: In addition to the above, please completed below if applicant is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents; Name of Representative: EN-CONSULTANTS, 1NC for 0<) Owner, or ( ) Other: Agent's Address: 1319 NORTH SEA ROAD SOUTHAMPTON, NY 11968 Telephone: 631-283-6360 Fax:631-283-6136 Email: mtEP, RMA~q@ENCONS U LTA~qTS.COM Please check box to speeify 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: 3/10/10 FOR: Other: 3/31/10 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 XXIl 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 property. UNDER Appeal No..__Year__. (Please be sure to research before completing this question or call our office for assistance). RECEIVED Name of Owner: MICHAEL & CAROLEE LEVISON ZBA File # {.9 ~' ; :i REASONS FOR APPEAL (additional sheets may be used with preparer's signature): BOARD OF APPEALS 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: SEE ATTACHED (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: I~No r-lYes(pleasefurmshcopy). 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 IIEING REQUESTED, AND PleASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your a~orney.) /'J Sworn to before me this '~bh%i~c~- -( Signatu~'e o"~ Appellant or A~thorized Agent (Agent must submit written Authorization from Owner) ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST RECEZVED ~3OARD OF APPEALS ]. Thc granting of thc requested relief for thc proposed small onc-stor~ addition and deck will not :~'t/*0 cause any change to thc character of thc community or cyan to thc subject parcel because thc expansion is limited in scope; will not change thc character of thc existing house; and will not change the overall spatial relationship of the dwelling to the fronting bulkheaded canal. Specifically, although the additions will be located 6 feet closer to the bulkhead than the existing dwelling, the seaward edges of the dwelling and deck additions will be set behind/closer to the road than the seaward fagade of the rest of the existing house. The scope of the addition is limited in that only 177 square feet of additional habitable footprint is proposed, which would increase the footprint of the existing modest sized home by less than 9 percent. The purpose of the proposed expansion is to provide a small waterside deck off an expanded master bedroom with an associated master bathroom and walk-in closet. As the master bathroom is located on the waterside of the house and there is no proposal to expand the house vertically, there is no feasible alternative location for the proposed bedroom and bathroom expansion and deck. And because the seaward facade of the existing master bedroom is already located less than 75 feet from the bulkhead, there is no alternative means of gaining approval to expand the bedroom but to seek the requested relief from {}280-116(B). The requested relief (17 feet or 22.6% of the required 75' setback) is not substantial because the existing dwelling is already located 64 feet from the bulkhead. And although relief for an additional 6 feet of encroachment is requested, the seaward extension of the easterly side of the house will not extend as far seaward as the existing westerly fagade of the dwelling, as noted above. The additional 6-foot encroachment on the bulkhead results from the fact that the angled bulkhead encroaches further landward on the east side of the property and because the house is also oriented at an angle to the bulkhead such that the easterly side of the dwelling is located closer to the bulkhead than is the westerly side of the dwelling. Therefore, the minimum possible setback between the dwelling and bulkhead occurs on the easterly side of the property where the proposed addition is proposed. The project will not have an adverse impact on the physical or environmental conditions because there will not be any significant change in the developed nature of the property, and as a result of the incorporated mitigation measures, there will be a net improvement to the ecological condition of the site. Specifically, the proposed house and deck will add only 363 square-feet of structural coverage or an additional 1.65 percent coverage of buildable land. More than offsetting that increase in development will be 1) installation of a drainage system of leaders, gutters, and drywells that will capture and recharge runoff; and 2) establishment of a nonturf buffer in place of maintained lawn landward of the bulkhead, whose area will total more than 1,000 square feet or three times the area of the proposed increase in coverage. Together these measures will result in a net improvement to water quality via a net reduction of the flow rate and volume of runoff entering the adjacent canal and of the potential concentration of fertilizers, fungicides, and other chemicals contained therein. The project as presently proposed was granted Wetlands Permit 7255 by the Board of Town Trustees on 17 March 2010, and the project is situated beyond the Tidal Wetlands jurisdiction of the New York State Department of Environmental Conservation. The difficulty with locating the proposed expansion without necessitating variance relief is not self-created due to the preexisting nonconforming location of the existing dwelling relative to the existing bulkhead. RECEWED APPLICANT'S PROJECT DESCRIPTION (For ZBA Re£erence) Applicant: MICHAEL & CAROLEE LEVISON I. For Demolition of Existing Building Areas Please describe areas being removed: N/A Date Prepared: 5/24/10 8OARD OF APPEALS II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 10'x 17.7' Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): 14'-6" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: N/A 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 ,3-bedroom dwelling with attached garage. Number of Floors and Changes WITH Alterations: One-story, 3-bedroom dwelling with attached garage, deck and master bedroom/bathroom addition. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2,000 S.F. Proposed increase of building coverage: 363 S.F. Square footage of your lot: 21,997 S.F. (buildable land) Percentage of coverage of your lot by building area: 10.74% V. Purpose of New Construction Requested: Expansion of master bedroom and bathroom VI. Please describe the land contours (fiat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): The land slopes gently from the road to the bulkhead and is unrelated to the need for relief. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered (area of requested changes). PHOTOS INCLUDED. 7/2002; 2/2005; 1/2007 RECE/VED QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION ~OARD OF APPEALS Is the subject premises listed on the real estate market for sale? [3 Yes ~t No Are there any proposals to change or alter land contours? Ig 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 no. 7255 issued 3/17/10. and if issued, please attach copies of permit with conditions and approved map. 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 If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel Residential, single-family dwelling with attach~t garage and proposed use _ same with same addition and dec~k __ (exam.' ~g: tingle-family; proposed: same with garage or pool, or other description.) Authorize[t Si'gaature and Date ' e/os; 1/o7 ROBERT E. HERRMANN COASTAL MANAGEMENT SPECIALIST PROJECT I.D. NUMBER '~r SHORT RECEIVED e~?.20 SEQR Appendix C State Environmental Quality Review ENV I RONMENTAL AS S E S SMENTSO~$~F APPEALS For UNLISTED ACTIONS Only PART I -- PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1 APPLICANT/SPONSOR: MiCH^EL & CAROLEE LEV[SON BY 2. PROJECT NAME EN-CONSULTANTS, INC. 3 PROJECT LOCATION: Municipality SOUTHOLD County SUFFOLK 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) 1025 ALBACORE DRIVE, TOWN OF SOUTHOLD; SCTM #1000-54-1-14 5. IS PROPOSED ACT [] New ~ Expansion [] Modification/alteration 6 DESCRIBE PROJECT BRIEFLY: Construct a one-story addition and deck addition with steps onto an existing one-story, one-family dwelling; install a drainage system of leaders, gutters and drywell; and establish a 10' wide nontuff buffer, all as depicted on the site plan preapred by Nathan Taft Corwin III, last dated March 3 l, 2010. 7. AMOUNT O~ LAND AFFEC~_D Initially 0.515 ac~es Ultimately 0.515 WILL PROPOSED ACTION COMPLY V~TH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~Yes [] NO If No, describe briefly 9, WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park Forest/Open space [] Oth~r [] Y e s [] N o if yes, list agency(s) and permit/approvals NYS DEC LETTER OF NON-JURISDICTION, SOUTHOLD TRUSTEES WETLAND NYS DEC LETTER OF NON-JURISDICTION # !-4738-03946/00001 SOUTHOLD TRUSTEES # 12, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes []N o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWt_EDGE Applicant/sponSOrsignature: name ROBERT~NN, COASTAL MANAGEMENT SPECIALIST D A T E May 19, 2010 ,,.ne 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 RECEIVED PART I1- ENVIRONMENTAL A$$E$$rv~LI~T (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THREBHOLD IN 6 NYCRR, PART 61 ?.47 if yes. ¢~ordinate the review process and use the F~L EAr r-lYes r~No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.67 may superseded b another involved agency. r yes C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING, (Answers may be handwritten, if legible) CI. Existing air quality. Sun'ace or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposat potential for erosion, drainage or flooding problemsl 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, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly, C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term. snod term, cumulative, or other effects not identified in CI-C57 Explain briefly. C7 Other impacts (including Changes in use of eflher quantfly or type of energy)? Explain briefly. RECE~'VED BOARD OF APPEALS D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? nNo E IS THERE, OR ~S THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] N o 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 impacts 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: Name o! Leaa Agency Signature of Preparer (If different from responsible officer) Bate APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: t~ It'Mth~'~ ~ t~/W~'r)/~/ ~'¥6.<0/~ (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.) RECEIVED NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance ~ Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO '~' 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 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Tow~Ot~- and employees. The purpose of this form is to provide information, which can alert the Town df possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Herrmann, RoBert. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of gmater than 5% of the shams 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 ~_ day of ~ Signature: '3~1~1,'~-~.-.--~.-_.., P Print Name: R~D~'~rt E. Herrmann AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS WHEN TO USE THIS FORbt. The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500feet of a farm operation located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: EN-CONSULTANTS, INC. 2) Address of Applicant: 1319 NORTH SEA ROAD, SOUTHAMPTON, NY 11968 3) Name of Land Owner (if other than applicant) MICHAEL & CAROLEE LEVISON 4) Address of Land Owner: P.O. BOX 1235, SOUTHOLD, NY 11971 5) Description of Proposed Project: CONSTRUCTION OF ONE-STORY ADDITION AND ATTACHED DECK TO EXISTING SINGLE-FAMILY DWELLING. 6) Location of Property (road and tax map number):1025 ALBACORE DRIVE, SOUTHOLD, SCTM #1000-57-1-14 7) IS the parcel within an agricultural district.'? [5~No [] Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? [5~lNo l-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. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers m~ay be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 or the Z.~ning Board of Appeals at 765-1809. Signature oY Applicant Date Note: I. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant 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 EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 North Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6136 www. enconsultants.com May24,2010 Southold Town Zoning Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Sonthold, NY 11971 RECEIVED MAY 2 8 ZI ll] BOARD OF APPEA Re: Michael & Carolee Levison 1025 Albacore Drive, Southold SCTM #1000-57-1-14 Dear Board Members: Enclosed for review are a total of(8) separate sets of the following for your review: 4. 5. 6. 7. 8. 9. Notice of Disapproval from the Building Inspector. Zoning Board of Appeals application including; a. Questionnaire. b. Applicant's Project Description. c. Transactional Disclosure Form. d. Letter of Authorization. e. Agricultural Data Statement. Short Environmental Assessment Form; Property card; Survey; Construction plans; NYS DEC Letter of Non-Jurisdiction & Southold Wetlands permits, and Photographs. Application fee of $400.00. Eight (8) copies of the LWRP Form submitted as part of the Town Trustees application and Consistency determination issued March 15 2010. I trust this information shall allow you to process our request. Should any additional information be required, please do not hesitate to contact our office. Si~y, :, Robert E. Herrmann Coastal Management Specialist /kbs Enc. RECEIVED AUTHORIZATION (where the applicant is not the owner) BOARD OF APPEALS (print owner of property) (mailing address) do hereby authorize (Agent) to apply for permit(s) on my behalf. (Owner's signature) EN-CONSULTANTS, INC. 1319 Nodh Sea Road Southampton, New York 11968 631-283-6360 Fax: 631-283-6156 www. enconsultants.com ENVIRONMENTAL CONSULTANTs RECEIVED BOARD OF APPEALS TO WHOM IT MAY CONCERN: This letter will authorize En-Consultants, Inc. to represent me and act on my behalf with regard to environmental matters and/or permits. Signature /grc~.,C~z 5./.,e-~//~x.// Print Signature Print OFFICE LOCATION,. Town Hall A~nex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Sou~hold. N'Y 11971 P.O. Box 1179 Telepho~,e~ 631 765-193S 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Jill Doherty, ~ President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator ~ Date: March 15, 2010 ~OARD OF APPEALS Re: Proposed Wetland Permit for MICHAEL & CAROLEE LEVI$ON SCTM#I000-57-1-14 En-Consultants, Inc. on behalf of MICHAEL & CAROLEE LEVi$ON requests a Wetland Permit to construct a one-story addition and deck addition with steps onto an existing one-story, one- family dwelling; install a drainage system of leaders, gutters and drywall; and establish a 10' wide non-turf buffer. Located: 1025 Albacore Dr., Southold. SCTM#57-1.14 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 below Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding lhe consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney 3~d S33/SI]~/ JO (~OE [PgB~9Z qv :R~ Town of Southold A. RECEIVED LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS AII applicants fur perm its* including T 0w n 0f S outh01d agencies, shall c0m plete this t., to x~tu proposed actions that are subject to the Town 0fS0uth01d Waterfr0ntC0nsistency Review Law. This assessment is intended to supplement other in[0rm ati0n used by a Town m a k in g a d ete r m in a ti0 n 0 f c 0 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. 2. 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 Waterfrortt Revitalization Program. A proposed action Mil be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- suol~orting facts. If an action cannot be 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 all libraries and the Town Clerk's office. DESCRIPTION OF SITE AND PROPOSED ACTION 57 I - 14 PROJECT NAME MICHAEL & CAROLEE LEVISON The Application has been submitted to (check appropriate response): TownBoard [--'] Planning Board [~] Building Dept. ~] Board of Trustees l~ 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: Construct a one-story addition and deck addition with steps onto an existing one-story, one-family dwelling; install a drainage system of leaders, gutters and drywell; and establish a I0' wide nonturf buffer, all as depicted on the site plan prepared by Nathan Taft Corwin III, last dated January 28, 2010. Location of action: 1025 ALBACORE DRIVE, SOUTHOLD Site acreage: 0,515ACRE Presentland use: DEVELOPED-RESIDENTIAL, ONE-STORY, 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: MICHAEL & CAROLEE LEVISON (b) Mailing address: P.O. BOX 1235 SOUTHOLD, NY 11971 (c) Telephone number: Area Code 631-765-3638 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No L~ 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 Southoid 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 m - Policies Pages 3 through 6 for evaluation criteria [~ Yes [---] No [~ Not Applicable RECEIVED 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 [~ Yes ~ No [~ Not Applicable The minor one-story & deci< additions proposed to the existing dwelling will not alter the existing visual impact of the property; and the establishment of the nonturf buffer behind the bulkhead will create an improved natural appearance along the shoreline. 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 [5~ 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 RYes [~ No [~ Not Applicable The project will protect and improve water quality and thus be consistent with Policy 5 through the establishment ora 10' wide and more than 1,000 square-foot nonturf buffer in place of existing maintained lawn area landward of the existing bulkhead. The surface water runoff absorption capacity of the site will be increased not only by the establishment of the buffer but also.via installation of a drainage system of leaders, gutters, and a drywell to capture and recharge roof runoff from the proposed addition. 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 to~lncorporated nonturfbuffer and drainage initiation outlined above (see Policy 5) and because a project-limiting fence and staked haybales will be installed to contain site disturbance during construction. With respect to compliance with Trustees and NYS DEC laws and regulations, the work has been exempted from the DEC's Tidal Wetlands Land Use Regulations due to its location Iandward ora functional, pre-1977 bulkhead. Due to the location of the preexisting house and the proposal to install a master bathroom to the existing master bedroom, which is on the waterside of the house, the additions cannot be located more than 100 feet from wetlands, but the scope of the project has been limited and potential impacts will be mitigated as described above. 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 No Not Applicable RECEIVED ~BOARD 'OF APPEALS 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 [~l 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 P,o. licy I0. Pro. tect Southold's watei~ependent uses and promote siting ~/llew water-dependent uses in statable locatmns. See LWRP Section III - Policies; Pages 47 through 5i~ for evaluation crl'teria. ~ Yes [--] No [~ Not Applicable ~ z/O ~.. RECF. nt~_D 80ARD OFAPPEALs Attach additional sheets if necessary Policy 11. Promote stlstainable 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 [-q 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. 1--] Yes ~] No [~ Not Applicable PREPARED BY ROBERT E~. · ERRMANN TITLEcoASTAL MGMT SPECIALIST DATE 2/5/lo Amended on 8/1/05 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTROLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork, net/Southold/ PERMIT NO. Examined ,20.__ Approved . r ,20.__ Mail to: Disapproved a/c ~---- ~q~lO Phone: Expiration ,20.__ BUILDING PERMIT APPLICATION CHECKLIST Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: [~ [[I UA[t 1 I ~ [i3ii,X~PLICATION FOR BUILDING PERMIT '~ ~ .......... ~ ~ Date ~RCH 10 _,20 10 BtDG. D~I. ~ INSTRUCTIONS a. This application ~ST be completely filled in by typewri~r or in ink ~d submi~ed to the B~ilding Inspector with 3 sets of plans, accurate plot pl~ to scale. Fee according, to schedule. b. Plot plan showing location of lot ~d of buildings on premises, relationship to adjoining premises or public s~eets or c. The work covered by this application may not be commenced before issu~ce of Building Pe~it. d. Upon approval of this application, the Building Inspector will issue a Building Pe~it to the applic~t. Such a permit shall be kept on the premises available for inspection throu~out ~e work. e. No building shall be occupied or used in whole or in p~ for any purpose what so ever until ~e Building Inspector issues a Ce~ificate of Occup~cy. f. Eve~ building pemit shall expire if the work au~orized h~ not commenced wi~in 12 months after ~e date of issu~ce or h~ not been completed wi~in 18 months from such date. If no zoning mendments or o~er regulations ~ecting the prope~ have been enacted in the interim, the Building Inspector may authorize, in writing, the extension &the pemit for ~ addition six monks. Therea~er, a new pemit shall be required. APPLICATION IS ~BY MADE to the Building Dep~ment for the issu~ce of a Bull ding Pemit p~su~t to ~e Building Zone Ordin~ce of the Town of Southold. Suffolk County, New York, ~d other applicable Laws, Ordin~ces or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applic~t agrees to comply with all applicable laws, ordin~ces, building code, housing code, ~d regulations, ~d to admit authorized inspectors on premises ~d in building for necessa~ inspections. EN-CONSULTANTS, INC. (Signature of applicant or name, if a corporation) 1319 NORTH SEA ROAD, SOUTI-L~dvlPTON, 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 MICHAEL & CAROLEE LEVISON (As on the tax roll or latest deed) If appl~ant is ~rgol'atio.n, signature of duly authorized officer % ?d Roy PRESIDENT (l',/ame and' title ~f corporate officer) 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: 1025 ALBACORE DRIVE SOUTHOLD House Number Street County Tax Map No. 1000 Section Subdivision SOUTHOLD SHORES (Name) 57 Hamlet Block 1 Filed Map No. 3853 Lot 14 Lot 33 2. State existing use and occupancy of premises and intended use and~oeeupancy of proposed construction: a. Existing use and occupancy Residential, 3-bedroo~n, single-family dwelling b. Intended use and occupaneyNo change 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost $25,000 5. If dwelling, number of dwelling units 1 If garage, number of cars Addition X Alteration Other Work Fee (Description) (To be paid on filing this aPl~li.cation) Number of dwelling units on each floor ] ~. 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 69.5' Height +/16' Number of Stories Rear 60.9' .Depth 51.3' Dimensions of same structure with alterations or additions: Front 69.5' Depth. 51.Y Height +/-16' Number of Stories 1 Rear 60.9' 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front 164.17' Rear 100' Depth 176.14' 10. Date of Purchase 11/16~76 .Nme of Former Owner Peter & Lelia Ouzounian 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. Will lot be re-graded? YES __ NO X Will excess fill be removed from premises? YES__ NO__ P.O. Box 1235 14. Nmlx~ofOmxa-oflxerrisesMichael&CaroleeLevison Adcke~Southold, NY 11971 ][Ixr~No. 631-765-3638 Name of Architect Address .tlrre l~b Name of Contractor Address Phone No, 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES X NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES X 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 sm'vey. 18. Are there any covenants and restrictions with re, spect to this property? *YES __ * IF YES, PROVIDE A COPY. NOX STA'IE OF l'~%V yORK) COUNTY OF SUFFOLK) ROBERT E. HERRMANN being duly sveom, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, · (S)He is the AGENT (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 3 da¢% J - Notary Public 2010 ~'gnat~e BF~pp-'l~'a~t TOWN OF $OUTHOLD PROPERTY RECORD CARD VILLAGE DIST. SUB. (,/ LOT ,~f :~ ,~ ~ E V · , S W TYPE OF BUll, DING SEAS, VL < COMM. CB. MISC. Mkt Value LAND FAP, M Tillable I Tillable 2 Tillable 3 Woodland Swamp[and t) rushland House Plot Acre TOTAL In oo / j FARM FRONTAGE ON ROAD DEl'TH BULKHEAD 17(' DOCK · 7.-1-14 121~9 ~T~e Roof R~ms Ist Floor Porch ~, ~ bo ~ ~ ~ ~ t~ Aecre~ti°n Room Rooms 2nd Floor FIN. Br~zewoy D New York State Departme~pf Environmental Division of Environmental Perrins, Region 1 SUNY @ Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631) 444-0365 · Fax: (631) 444-0360 LETTER OF NO JURISDICTION TIDAL WETLANDS ACT Conserva~l Alexander B. Grannis Commissioner December 18, 2009 Michael and Carolee Levison P.O. Box 1235 Southold, N.Y. 11971 Re: UPA #1-4738-03946/00001 Facility: 1025 Albacore Drive, Southold, N.Y. SCTM #1000-57-1-14 Dear Michael and Carolee Levison: Based on the information you have submitted the Department of Environmental Conservation (DEC) has determined that: The property landward of the bulkhead greater than 100 feet in length constructed prior to 8/20/77, as evidenced on Aerial Image Resources photo#73-2046 dated 4/6/76 and shown on the survey prepared by Nathan Taft Corwin III dated 10/14/08, is beyond Article 25 (Tidal Wetland) 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 are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Article 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, barder, 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, y Laura Scovazzox~ Permit Administrator cc: En-Consultants, Inc., MHP, file Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 RECEIVED March 17, 2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD 8OARD OF APPEALS Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: MICHAEL & CAROLEE LEVISON 1025 ALBACORE DRIVE, SOUTHOLD SCTM# 57-1-14 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, March 17, 2010 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of MICHAEL & CAROLEE LEVlSON 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 February 12, 2010, 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 March 17, 2010, 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, ~EC~.~V£D WHEREAS, the Board has considered all the testimony and documentation 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 MICHAEL & CAROLEE LEVlSON to construct a one-story addition and deck addition with steps onto an existing one-story, one-family dwelling; install a drainage system of leaders, gutters and drywell; and establish a 10' wide non-turf buffer, and as depicted on the survey prepared by Nathan Taft Corwin Ill, last dated January 28, 2010, and received on February 12, 2010. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, Oi M~.Doherty~ President, Board of Trustees JMD/eac BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK BOARD OFAPpEA PERMIT NO. 7255 DATE: MARCH 17~ 2010 ISSUED TO: MICHAEL & CAROLEE LEVISON PROPERTY ADDRESS: 1025 ALBACORE DRIVE~ SOUTHOLD SCTM# 57-1-14 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 Marchl7, 2010, and in consideration of application fee in the sum of $250.00 paid by Michael & Carolee Levison and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permiks the following: Wetland Permit to construct a one-story addition and deck addition with steps onto an existing one-story, one-family dwelling; install a drainage system of leaders, gutters and drywell; and establish a 10' wide non-turf buffer, and as depicted on the survey prepared by Nathan Taft Corwin 1II, last dated January 28, 2010, and received on February 12, 2010. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. SOUTHOLD TRUSTEES Issued Address/, ~,'";~ THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFF:ICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 1'1971 TEL.: 765-1892 MICHAEL AND CAROLEE LEVISON, 1025 ALBACORE DRIVE, SOUTHOLD ~O~D OF "~PPE~LS Figure 1. LooMngfrotn nearest corner of bulkhead toward existing dwelling and location of proposed house and deck additions. Figure 2. Looking at staked locations of corners of proposed dwelling attd deck additions. SURVEY OF LOT 33 MAP OF SOUTHOLD SHORES SfTUATED AT } ~ -: ARSHAMOMAQUE TOWN OF SOUYHOLO FEP~ 12 ~go SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-57-01-14 SCAL£ 1 "=20' OCTOBER 14, 2008 AREA DATA J%"oO, V,%% Nathan Taft Corwin III Land Surveyor OTown of Southold P.O Box 1179 Southold, NY 11971 Date: 06/02/10 * * * RECEIPT * * * Receipt~: 82315 Transaction(s): 1 1 Application Fees Reference Subtotal 6402 $400.00 Check#: 9540 Total Paid: $400.00 Name: Clerk iD: En-consultants, Inc. 1319 North Sea Drive Southampton, NY 11968 CAROLH Internal ID: 6402 ELIZABETH A. NEVTLLE, 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 June 3, 2010 Zoning Appeal No. 6402 Transmitted herewith is Zoning Appeals No. 6402 of Eh-Consultants for Michael & Carolee Levison - 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, Cover Letter from En-Consultants, Inc. Dated May 24, 2010, Notice of Disapproval from Building Department Dated April 8, 2010, 2 Authorization Letters from Michael & Carolee Levison to Er?Consultants to Represent them in this Matter, Memorandum from LWRP Dated March 15, 2010, 2 Pages of Property Record Card, Letter of No Jurisdiction from DEC Dated December 18, 2009, Letter of Action from Board of Town Trustees Dated March 17, 2010, Authorization Permit #7255 from Board of Town Trustees Dated March 17, 2010, Copy of Permit #7255 from the Trustees, Copy of Survey Showing Existing & Proposed Construction Dated January 28, 2010 Prepared by Nathan Taft Corwin III, Copy of Survey Showing Existing & Proposed Construction Dated March 31, 2010 Prepared by Nathan Taft Corwin III, 3 Pages of Plans Showing Existing & Proposed Floor Plans & Elevations Dated August 17, 2009 Prepared by James A Richter. 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 29, 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~ JULY 29~ 2010: 11:20 A.M. - MICHAEL and CAROLEE LEVISON #6402 - Request for Variance from Code Sections 280-116B, based on an application for building permit and the Building Inspector's April 8, 2010, Notice of Disapproval concerning additions to an existing dwelling, at: less than the code required setback to a bulkhead of 75 feet at: t025 Albacore Dr. and Blue Marlin Dr. , (adj. to canal leading to Southold Bay) Greenport. SCTM#1000-57-1-14. 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 contact our office at (631) 765-1809, or by email: Vicki.Toth~.Town. Southold.ny. us. Dated: July 1, 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.north fork.net June 30,2010 Re: Town Code Chapter 55 - Public Notices for Thursday, July 29, 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 July 14th: 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 July 21st: 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 July 21st: 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 July 27, 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: LEVISON, M & C # 6402 SCTM #-. 1000-57-1-14 VARIANCE: BULKH D SETBACK REQUEST: ADDITIONS DATE: THURS, JULY 29, 2010 11:20AM 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 OF APPEALS-TOWN OF SOUTHOLD 765-1809 ./ ~3 STATE OF NEW YORK) &O'4,~O ^ ~*~O/O COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn,.says that she i~' Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at MaEituck, in the Town of Southold, Coun~ 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 ~ week(s), successively, commencing on the 15~ d~y of July, 2010, 'Prihcipal Clerk Sworn to before me this ~[ dayof ~~ 2010. EN-CONSULTANTS, INC. ENVIRONMENTAL CONSULTING 1319 No~h Sea Road Southampton, NewYork11968 631-283-6360 Fax: 631-283-6136 www. enconsultan~.com July 20, 2010 Town of Southold Zoning Board of Appeals P.O. Bex 1179 Southold, NY 11971 RE: LEVISON - 1025 ALBACORE DRIVE, SOUTHOLD Dear Board Members: As you requested, we enclose 9 certified mail receipts from the mailing for the public hearing scheduled for July 29, 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In .the Matter of the Application of Michael & Carolee Levison (Name of Applicants) CTM Parcel #1000- 57 14 cOUNTY OF SUFFOLK} STATE OF NEW' YORK) RECE] ED JOL ~ ~ D %~. ,a ppF_ALS AFFIDAVIT OF MAILINGS ~lg'at En-Consultants, Inc. l, Robert E.. Herrmann . . , 1319 North Sea Rd , New York, being duly swom,'depose and say that: Southampton r On the 15th day of July ,20;tO, I personally mailed at the United.Sta~eslPost Office in ,, New York, by CERTIFIED MAIL, RETURN RECE PT REQUESTED, a lrue copy of the'attached Legal Notice in prepaid, envelopes addressed to current owners shown on the current asseSsment.tell vedfied fr6m the offidial records on file with the (x i AsseSsors, 'or (') County Re~t Proper~ Office ., for every .property which abuts.and is'across a public or/~fivate street, or vehicular right'of- Way of record, Surrounding the appli6ant's proj~ert¥. . ' - : '~i§nature) . Swom to b'e~ore me this . ' · day of ,../~ L.' ,20ilo. / ' ,~,,, ,' ,. · ~,~'~C(NotaryPub!ic) ~) ~'~ ' / ~,t-~.~,~,,, ..... " · · '~- ~i~r~t ,~_[. · .... -- - . -.'.SE list, on the back of this/~idavit or on.a sheel of paPer' the Ici numbers nexl to the owner names .and addresses for'which notices were mailed. Thank you; ADJACENT OV~ERS FOR MICHAEL & CAR~I)EE LEVISON SCTM # 100057-1-14 //8 Thomas V. Perillo #9 EdouardBeaugard #24 Southold Shores Assoc Inc. 9 Murray Street, Farmingdale, NY 11735 PO Box 902, Southold, NY 11971 PO Box 396, Southold, NY l1971 #30 R. Monteleone Rev Trust 15 Oak Lane, Brookville, NY 11545 #16.2 Virginia D. Bayles Rev Trust PO Box 396, Southold, NY 11971 #13 RH Chilton Credit Shelter Trust 1305 Blue Marlin Dr, Southold, NY 11971 #11 Southold Shores Group Inc. 590 Tarpon Drive, PO Box 870, Southold, NY 11971 #31 Claus Rademacher 156 Sheridan Terrace, Ridgewood, NJ 07450 #32 Donald Hymans 10 Evergreen Drive, Upper Saddle River, NJ 07458 m ~ [ THOMAS V. PERILLO o r~ 9 MURI~AY STHEET r,- [.~.~'~'~ FARMINGDALE, NY 11735 ,~[ OFFtC[AL USE cl3 Postage $ ru / Retum Receipt Fee I:~ (Endorsement Required) Restricted Delive~ Fee [~ (Endorsement Required) Hem So,tro MONTELEONE REV TRUST ~'~'A~'C~0~ 15 OAK LANE ?_~o.~..~.o_.. BROOKVILLE, NY 11545 FU Totat Po~tage a Fee~ $ o ise'n To ~ CHILTON C~DIT ~ ~-~: SHELTER TRUST ~ [o,~'. 1305 BLUE MATIN DR SOUTHOLD, ~ 11971 OFFICIAL USE rlq 590 TARPON DRIVE PO BOX 870 SOUTHOLD, NY 11971 OFF~ USE Return Receipt Fee ~ Postmark ~ CLAUS RADEMACHER ~ I. ............. 156 SHERIDAN TERRACE ~- [~.~..~:! RIDGEWOOO, NJ 07450 r'-I (EfldorsementRequired) JUL 1 5 0 Hel~ ~ A ca [semro TRUST · ~a [~t-a~- PO BOX 396 r~ /°%"~'~°~' soUTHOLD, ~ 11971 7010 0290 0003 2822 8343 7010 0290 0003 2822 8329 7010 0290 0003 2822 8312 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 cord to the back of the mailpiece, or on the front if space permits. Article Addressed to: VIRGINIA D. BAYLES REV TRUST PO BOX 396 sOUTHOLD, NY 11971 Article Number PS Fo~m 3811, February 2004 D. isdeliveryaddre~sdflf~fmmiteml? [] If YES, enter delivery address below: ~rttfled Mall [] Expreee Mall [] Registered [] Insured Mall [] C.O.D. Restricted Deliver? (Extra Fee) 7010 0290 0003 2822 8367 Domestio Return Receipt ~'0~ ~.~ t ~-~o09,'~ · Complete items 1, 2, and 3. ALeo complete item 4 If Restflcted Delivery Is desired. · print your name and addrees on the reveme so thet we can return the card to you. · Attach this card to the back of the maitpiane, or on the f~ont if space permits. Aracle Addressed to: [] Agent [] Addressee Name) C. Date of Deliver/ D. is dellve~ address diffemnt from item 17 []Yes ff YES, enter delivery address below: [] No MONTELEONE REv TRusT 15 OAK LANE BROOIx~ILLE, NY 11545 2. Article Number O't~,~f~ from service label) PS,Form 3811, February 2004 3. ice Type ~le'[Y~ Mai, r'l Express Mai, [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] yes 7010 0290 0003 2822 8350 · Comple~ items 1,2, and 3. Also complete item 4 If Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplane, or on the front If space permits. 1. Article Addressed to: THOMAS V. PERILLO 9 MURRAY STREET I~'ARMIN GDALE, NY 11735 2. ,Nltcle Number 7010 B. Received by ( Pffnted Name) ,~. D. ~sdaiiveryeddmeedh'fem~tfr°mlteml'i?I r-I Yes ~ If YES, enter daiiv~y address below: I I'1 No Type ~Ce~lMail ~J Express Mail [] Registered [] Return Receipt for Memhandlse rD Insured Mall [] C.O.D. 4. Reatdcted Delivery? ~ Fee) [] Yes 0290 0003 2822 8336 PS Form 3811, Februam72004 Dorseatlc Return Receipt ~,_,.) [ $ ?....~.~q · Complete items~.l, 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 ct the mailpiece, or on the front if space permits. 1. A~ticleAddressedto: Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 2. Artlcte Number (TYen.sferfromservicelabe 7009 3410 PS Form 3811, February 2004 [] Agent Date of Delivery JUL 21 2010 3. Serv Type ~ed Mail [] Registered }t for Merchandise ~ '- 4. Restflcte~, ~ Fee) [] Yes 0000 4548 2513 Domestic Retum Receipt ~t S(~' ~b~0E-M-, 54e · Complete items 1, 2, and 3. Also complete ifem 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 mailpiece, or on the front ff space permits. 1. Article Addressed to: [] Agent [] Addressee B. Received Printed Name) C. Date of Delivery Is delivery $ 117 ~ [] yes If YES, enter dailvery eddmss below: h No DONALD I-IYMANS 10 EVERGREEN DRIVE uPPER SADDLE RIVER, NJ 07458 2. A~N~mbe~ 7010 0290 PS F~ ~11, F~ 20~ 3. Se~ce ~l~oe E~"Certlfled Mall [] Express Mail 4. Restricted Deliver,/? ~ Fee) [] Yes 0003 2822 8312 Domestic Return R~aipt D N 84' 30' 0,0" 33,85 E 1 STORy F FION lo.OO 2 O'S NO TES: 1. 2. 3. SUBVEY OF LOT 33 MAP OF SOUTHOLD SHORES FILE No. 3855 FILED AUGUST 29, 1963 SITUA TED A T ARSHAMOMAQUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-57-01-14 SCALE 1"=20' OCTOBER 14, 2008 DECEMBER 1, 2009 ADDED PROPOSED ADDITION JANUARY 28, 2010 ADDED ADDITIONAL NOTES MARCH 8, 2010 SET LATH FOR SITE INSPECT[ON MARCH Slr 2010 ADDED SEFBACN FROM BULKHEAD TO PROP, DECK AREA 22,450 sq. ft. 0,515 ac. CERTIFIED TO' MICHAEL LEVISON CAROLEE LEVlSON ELEVATIONS SHOWN ARE REFERENCED TO N.A.V.D. 1988 DATUM LOT AREA LANDWARD OF BULKHEAD = 21,997 sq. ft. FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36103C0159 H ZONE AE, BASE FLOOD ELEVATIONS DETERMINED ZONE X, AREAS DETERMINED TO BE OUTBIDE THE 02% ANNUAL CBANCE FLOODP~IN AREA DATA (OVER LOT AREA LANDWARD OF BULKHEAD (21,997 sq. fL.)) DESCRIPTION AREA % LOT COVERAGE EXISTING HOUSE 2,000 sq. fi, 9.09% PROPOSED 1 STORY ADDITION 177 sq. ff. 0.80% PROPOSED DECK 186 sq. ft. 0.85% TOTAL 2,365 sq, ft. 10.74% DRAINAGE SYSTEM CALCULATIONS 1 STORY ADDITION AREA: 177 sq. ff. 177 sq. ff. X 0.17 = 31 cu. It. 31 cu. ff. / 8.73 = 4 verfical ff. of 4' dia. leaching PROVIDE (1)4' dia. X 4' high S]ORM DRAIN POOL pool required PROPOSED 4' DIA. X 4' DEEP DRYWELL WITH GUTTER LEADER FOR ROOF RUN-OFF: THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED, N.Y S Lic. No, 50467 Nathan Taft Corwin III Land Surveyor PHONE (631)727-2090 Fax (631)727-1727 ~8-3~01 R,~CE'~VED ~ BOARD OF APPEALS EXISTING CONDITION F L O O R P L A N EXISTING RESlDENGE +/- 2~075 S.F. Scale: 1/8" = l'-0" EXISTING GARAGE +/- 450 S.F. ~ BATHROOM ADDITION EXISTING ~ = EXISTING RESIDENCE MASTER ~ KITCHEN ~ BEDROOM i~I EXISTING ~ EXISTING BEDROOM ~ECEt'VED BOARD OF APPEALS Top of Ridge - Ex,sting High Point , ~/~L~ .eL~ ' ~ Top ~ Ridge - Pro~sed Addition ~ ; ';~C~Z~ ' ~.:~h z ~ ~ PROPOSED EAST ELEVATIONS -- 0 -- ~------ ~ .... [ ~ -- __ __ PROPOSED NORTH ELEVATIONS I o-N)'- 5':/- - I- Id- 5?- I-9 5-:t- ~- II ~- ~-13 Z::/--I -~o