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Home My WebLink About1000-31.-14-8.2 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 MEMORANDUM To: From: Date: Leslie Weisman, Chair Members of the Zoning Board of Appeals MarkTerry, Principal Planner ~ LWRP Coordinator April 21, 2010 Re: Coastal Consistency Review for ZBA File Ref. No. FAGA #6367. SCTM# 1000-31 - 14-8.2 'Requests for Variances under Sections 280-124 and 280-116B, based on the Building Inspector's February 3, 2010 amended Notice of Disapproval concerning demolition and reconstruction of a single-family dwelling at less than the code-required minimum of 10 feet on a single side yard and less than 75 feet from the existing bulkhead (dwelling and foundation were removed, this is a deviation from original grant No's. 6281 & 6243), adjacent to Orient Harbor, at 12632 Main Road, East Marion; CTM Pame11000-31-14-8.2 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. 3. Move existing development and structures as far away from floodinq 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. Due to lot size and configuration, relocation of the structure may 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 27.3 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, dprap 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 s~milar 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 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 SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 5, 2010 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6367 (FA(SA) Amended Dear Mr. Terry: We have received an amended application for demolition and reconstruction in E. Marion. 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 Chairperson Encls. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 8, 2010 Amend: February 3, 2010 TO: Jeff Butler for K & J Faga 206 Lincoln St. Riverhead, NY 11901 Please take notice that your application dated January 4, 2010 For permit for demolition & reconstruction of a dwelling at: Location of property: 12632 Main Road, E. Marion, NY County Tax Map No. 1000 - Section 31 Block 14 Lot 8.2 Is returned herewith and disapproved on the following grounds: RECEIVED The demolition & reconstruction of the dwelling is a deviation from a ZBA Grant Alternative Relief dated 4/14/09 hearing numbers 6281 and 6243 which approved relief for additions & alteration. The Site Plan submitted by J. Butler, PE last updated 2/2/10 indicates the dwelling removed and proposes foundation reconstruction. The proposed construction is not permitted pursuant to Article XXII Section 280-116B. The site plan indicates a setback from the bulkhead of 27.3'. Also, the proposed construction is not permitted pursuant to Article XXIII Section 280-124. The site plan indicates a setback from the side yard of 9.3'. Authorized Signature Amendment based on new site plan by J. Butler, dated 2-2-10 & amended plans of 1-18-10. 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 Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Referenee) Date Prepared: I. For Demolition of Existing Buildln~ Areas Please describe areas being removed: ~qP,~,.u/,~ 7#,., II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: .,/~: ~.e,/~'/, ,4 ~0 ,. Dimensi°ns ° f new sec°nd floor: ';;'~ '.~7 "' o't -~- ~. /~ *a',~, 7 '.. Dimensions of floor above second level: A/of' Height (from £mished ground to top of ridge):. ~ ! ,~ Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade te first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet ifnece~sacy) - Please describe building areas: ~,~umber o f Floors.~nd General Characteristics B _EFORE Alterations: /~ Number of Floors and Changes WITH Al~rarions: ~ ~ ~mta~ ~,~ ~-oA~/'--.~vr IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings un your property: Proposed increase of building coverage: ',.~,~-~ 7.,~ Square footage of your lot: / ~. =~"..'~o~. Percentage of coversge of yunr lot by building area: V. PurposeofNewConstruction: ~.~Pt~/'~ A/o4~ ~ ~.O~?,~,,0~t~' ~e~v~,~-~ VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): ~r*f~ /.A,,vt, tS ,,c~,~ r'. Afo t~o~¢a C.,,,'A.n',~.~ 7-O Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 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 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 January 15, 2010 Re: ZBA File Ref. No.//6367 (FAGA) / Dear Mr. Terry: / We have received an application for'Xc~molition~nd/reconstruction in E. Marion. A copy of the Building Inspector's Notice of I3~approyfil under Chapter 280 (Zoning Code), and survey map, project description form, areX~,~lfed 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 Chairperson FORM NO. 3 NOTICE OF DISAPPROVAL TO: JeffButler for K & J Faga 206 Lincoln St. Riverhead, NY 11901 Please take notice that your application dated January 4, 2010 For permit for demolition & reconstruction ora dwelling at: Location of property: 12632 Main Road, E. Marion, NY County Tax Map No. 1000 - Section 31 Block 14 Lot 8.~2 Is returned herewith and disapproved on the following grounds: RECEI~/ED BOARD OF APPEALS DATE: January 8, 2010 The demolition & reconstruction of the dwelling is a deviation fi.om a ZBA Grant Alternative Relief dated 4/14/09 hearing numbers 6281 and 6243 which approved relief for additions & alteration. The Site Plan submitted by J. Butler, PE last updated 11/20/09 indicates the dwelling, removed and proposes foundation reconstruction The proposed construction is not permitted pursuant to Article XXII Section 280-116B. The site plan indicates a setback from the bulkhead of 21.3'. Also, the proposed construction is not permitted pursuant to Article XXIII Section 280-124. The site plan indicates a setback from the side yard of 9.2'. // 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 ,f - TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 76~1802 FAX: (631) 765-9502 Sou tholdTown. Nor th Fork.net Examined ,20 Approved ,20 Disapproved a/c PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey_ Check Septic Form NYSD E C Flood Permit Contact: Med to: Building Inspector APPLICATION FOR BUILDING PERMIT Date /'* ~7/ ,20/O INSTRUCTIONS a. This application MUST be completely filled in by iypewriter or in ink and submitted to the Building Inspector with 4 sets ofplans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of binldings on premises, relationship to adjoining premises or public streets or areas, mid 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 applica~)t. Such a putout shall be kept on thc premises available for inspection throughout the work. c. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Cenilicate of Occupancy. f. Every building permit shall expire iftbe work authorized h~s not commenced within 12 months after the date of ~ssuan~: or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the intcrim, the Building Inspector may authorize, in writing, the extension of thc permit for an addition six months. Thereafter, a new permit shall be required. APPLICAT[ON IS HEREBy MADE to the Building Department for the issuance ufa Building Permit pursuant to the Building Zone Ordinance of the Town o f Southold, Suffolk County, New York, and other applicable Lav~, 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, homing code, and regulations, and to admit authorized inspectors on premises and in building lbr necessary inspections. (Signature of applicant or name, ifa cmporation) (Mailing addr~s of applicant) State whether applicant is owner, lessee, agent, architecL engineer, general contractor, electrici~, plumber or builder (As on the tax roll or latest deed) lf~licant is a corporation, sign~ure of duly authorized officer (Na~e and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Tradu's License I,ocation of land on wh.~c~ proposed work will be done: I louse Number Street Hamlet County Tax Map No. 1000 Section O .'~,/ Block /'~/ Lot ~J~. ~ Subdivision Filed Map No. Lot 2. State existing usc and occupancy of premises and i.0,tended use and occupancy of proposed construction: a. Existing use and occupancy ~-~ ~' /l~-~,~:~q,r..~ ~' b. Intended usc and occupancy '~ ~ //~c.~ '~'/Vt:' ~- 3. Nature of work (check which applicable): New Building. Addition t/ Alteration Repair Removal ~ Demolition et her W o r k ~:~:c, r ~-s~ z.:>~ -t (Description) 4. I::stimaled Cost ~r :~ C.,T~') Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units ~ Number of dwelling units on each floor If garage, number of cars 6 If business, commercial or mixed occupancy, specify nature and extent of each type of use. · / 7 I)imensions of existing structures, if any: Front,~'F/. ~} Rear o%~ Height t~ ~ z Number of Stories I ~. Depth_ Dimensions of same structure with alterations or additions: Front Depth :~ .4~," Height ~ !/~ ~' Number of Stories_.~k___-_-_-_-_-_-~ ' 8. Din]cnsions of entire new construction: Front Rear _Depth Height Number of Stories 9. Size of lot: Front /~2,3 Rear / ~h~(.,~ ' Depth Il). Date of Purchtks¢ "~:5:~ Name of Former Owner I I. Zone or usc district in which premises arc situated ~- ~ O 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~ NO 13. Will lot be re-graded? YES NO t,~Will excess fill be removed from premise.s? YES ~ NO 14. Names of Owner of pmmises/4'C v,,4, ~",-4~:,~s Addm ss.~ ~:,~.- ~'ae ,a Name oI'Architect~W~'-4--~'~ /~. ~>.~,:,r.~'~ ~'.~.Addres~Phone No~4-~ / Name of Contractor ~r Addmss~Phone No. 15 a. Is this property within 100 fcct of a tidal wetland or a freshwater wetland? *YES u,'"'" 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 ~ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Am them any covenants and restrictions with respect to this property? * YES__ NO · IF YES, PROVIDE A COPY. STA'I'I~ OF NEW YORK) SS: COUNTY OF ) '~J&-~'~.t-,] ~. ~>~aT~t;~..~ f' i bcingdulyswom, dcposcs and says that (s)he is the applicant (Namev6findividual signthg contract) above named, (S)11¢ is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perlbrm or have performed thc said work and lo make and file this application; that all slatcmcnts contathed iii this application arc true to the best of his knowledge and belief; and that the work will be pcrlbrmcd in thc manner set lb, th in the appficalion filed therewith. Sw(~rll to belbre mc this _ _ _ day of 20 Notary Public Signature of Applicant New York State Department of Environmental Conservation Division of Environmental Permits, Region One SUNY @ Stony Brook 50 Circle Road Stony Brook, New York 11790-3409 Phone: (631) 444-0365 · FAX: (631) 444-0360 TIDAL WETLAND LETTER OF NON-JURISDICTION Alexander B. Grannis Commissioner June 27, 2008 Mr. Kevin B. Faga 1200 Waters Place Hronx, NY 10461 Itc: UPA# 1-4738-03838/00001 Facility - 12632 Main Road SCTM#1000-31-14-8.2 East Marion Dear Mr. Faga: 13ased on the information yon have submitted, the New York State Department of Environmental Conservation has determined that: Thc property landward of a substantial man-made structure (bulkhead) which is more than 100 feet in length and existed on or before August 20, 1977, as evidenced on Aerographics Photo# 76-2128 and survey prepared by Van Tuyl & Son dated 12/9/71 and shown on the Site Plan prepared by Jeffrey T. Butler dated 9/13/07, is beyond Article 25 (Tidal Wetlands)jurisdiction. There fore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no pemfit is required under the Tidal Wetlands Act. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. ~erely~ Permit Administrator J. Butler, P.E. BMHP File 'AGRICULTURAL DATA ·STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD :.~EN TO USE THIS'FORM; The /o..rm.mu,vt be cornpl~ed by the applicant for any qpecial U~e permit, me- :plan al~l~ro~al, use vh~iance, or ~ubdtvi~on approval on property within an agricultural district OR within '. '-. 500 feet of a farm operatiqp Ib, eated l.n'agrlcft(turat d~trtc~ ,4il applications requiring ~n'a.g..~u~tur~l d~ta · statemeht retest be ref'.~rred to 'tht $itffolk Count~ Det~rtment of Plannlng In a'cbordanc~ wtth Section~ 259- .... .m and 2$9-n of ~h~ Gene~al l~untetlnd l. qW. ': .-~) i~ ~e ~arc¢l within hn agric/~l~ural distri~t?~0 [~ ygs- If ye~, ..^gricultural.Di~trigt Number '9~ .Nd/ne and ..~ldres~'0f'miy..'owner(~} ~t: land within the agricultural district containing active farm Operation(*). loeat~,d 500 feet of trig.boundary '6~"the .Proposed pioject. (Lnformation may be ayailabl~ thr~ugh the Towel.Assessors Office~ Tow~' l-lall 16cation.(765-1937) or from any.,public computer 'a~ the Towh l-lall 'location~ by vi0~vin* ttie pa~cei nUmlJers ~n tl~ Tow~ ol~'S'oi~thold Rea~ ProPerty Tax system.' Nme and g. ddres~ .: (Please usC back side of page if mofc thdn six pi*op~'ty oWners arc ~dentified.)' · Tho lqt nmb~'ma~, b~ obtained, ia ~dvancc, when tqXlUeSted from either th6 Office of the Plannfng Board at i.. The Io~al board will soli6it, commealts from th~-owners of land identified above in order io comider the effect of the proposed .a~ion o~ th*ir thnn opimlfion..Selt6it~on will b* made t/y ~pplYing a copy'of this'statesmen[ '. : . ~. Commants.r~umed to the local beard will be tak~ into con~deration as ~ ~'th¢ ov~all i'~-vi~w of this application. 3.. ColJie~ of thc comply'ted Asricultinal Data 8toten~t shall b~ se6t'by applicant ~nd/or the clerk of thc board to th~ grope~ owners ' ideatifiml abov~ Tbe mst.for/nailing shall be paid by th¢'apPlicm)t at the tim~.th¢ applii:ation is submitted for review. Failu~ to pay. at . such time means the'application is not complete and cannot be act~l .upon by t~¢ board.: · 1-14-09 : Jeffrey T. Butler, P.E., P.C. Architectural and Engineering Services 206 Lincoln Street Riverhead, NY 11901 Tel: (631) 208-8850 Fax: (631) 727-8033 November 20, 2009 VIA FAX RECE1VED BOARD OF APPEALS Mr. Gerard P. Goehringer Town of Southold Zoning Board of Appeals RE: Application of Kevin B. & Jeanine Faga #6281 an~t 6243 (SCTM 1000-31-14-8.2) Dear Mr. Goehringer Pursuant to our conversation yesterday, I am whting to ask that you confirm with the Board that the decision granted and the subsequent resolution written allows for the existing dwelling to be removed as necessary to comply with FEMA regulations and the New York State Building code requiting 2 feet of freeboard to be added above base flood elevation to the first floor. The discussion we had during the first hearing was to put language into the decision which protects the applicant in the event that the floor system could not be salvaged and the foundation had to be repaired as a result of the demolition. The stipulation v~as that the final product must conform to the dimensions of the site plan on file. We were held open for a month for the propose of adjusting our setbacks for the addition and including this language in our application. The applicant has been issued a stop work order by the building department until this issue is clarified because the building department objects to the first floor being removed prior to reconstruction. Please do not hesitate to call this office with any questions. ~tler, P.E. Cc:Mike Verity FORM NO. 4 TOWNOF SOUTHOLD BUILDING DEP~{H74ENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 32413 Date: 06/19/07 1~S ~TIFIES that the building DWELLING Location of Property 12632 MAIN RD (HOUSE NO.) Cou~lt¥ TaxNap No. 473889 Section 031 ~AST MARION Su)xlivision (ST~ET) (}L%MLET) Block 0014 I~)t 008.002 Filed Map No. __ Lot No. -- conforms substantially to the Requirements for a ONE FAMILY DWELLING hn/lt prior to APRIL 9~ 1957 pursue%hr to which CERTIFICA~ OF (~ANCY NI~MB~ Z- 32413 dated J~/NE 19r 2007 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH 2 ACCESSORY STOP, GE SHEDS* ~ certificate is issued to MARY H DIAZ of the aforesaid building. OWNER ) N/A N/A N/A -- Rev. 1/81 12632 MAIN R0 ~ OF (]~ (S): ~J~RY N DIAZ O~/~CY: SINGLE FAMILY DWELLING WOOD F[t~E CEMENT BLOCK YES ACCESSORY STEUC~EES: DESCRIDED PROPERJh' EAST MARION, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y'. ice Notes: APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS __ Filed By: For Office Use Only Date Assigncd/Assigmnent No. [louse No./~;g,a~ Street ~9~0. ~,1 ~2~,O SCTM 1000SectionO3/ Block/5/ Lot(s) ~'. 2,~ I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON MAP DATED npplicant(s)/Owner(s): ~-t~, ,,4 I~ ~ t ~j pt, ~ ~'~,//~ Hamlet ~',-,- //~,~eo,7 LotSize t7~.~--,5~, -~'~: Zone Telephone: ~?~/~ 7 7~- - ,,,wV~-~ Fax #: L~/¢{',)"~o~ -t~ ~'~ ~ Email: NOTE: Ill addition to the above, please complete below if applicalion is signed by applicanl's attorney, agent, architect, builder, contract vendee, ell:. and name of person who agent re@resents: ~"~e,'~,z, Ze, ~'. /~o77~ g~--; f ~-' lbr (~wner, or ( ) Other: Name of Representative: / Telephone~/~'~-~:~-~ Fax#:L'~S/--?~97-- ~'O~3 [mail: 0-[~oT-~.e~9/. /_.~00Q Please check box to specify who you wis~ correspondence to be mailed to, from the above names: [] Applicant/Owner(s),or ~3~Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED AN APPL[CATION~DATED FOR: ill'Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [~Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article Section 280- Subsection Type of Appeal. An Appeal is made for: ~ 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 prtor appeal [] has, [] has not been made at any time with respect to this propert¥~ UNDER Appeal No.~g.~Year ~-..~O ¢ . (Please be sure to research before completing this question or call our office for assi~tunce.) ~ NameofOwner: F' {~' ZBAFile# REASONS FOR APPEAL (additional sheets mav be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicaut to pursue, other than an area variance~ because: (3) The amount ~refief requeste~}s no~,substantim because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Itas the alleged difficulty been self-created? ( )Yes, or (0,N'o. Are there Covenants and Restrictions concerning this land: ~o. [] Yes (please furnish copl,). This is tbe 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 J/US~..~VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIAN ~.ES~: (Please be~to consuItyour ~°t~ne~i)._ ~gn~Pi~llaalor A~horized Agent (A~ust submit written A~h~-ization from Owner) AUTHORIZATION (where the applicant is not the owner) (print owner of property) ''/ t residing at/a,~ L4¢~ ?-'t5'~5 (mailing address) do hereby authorize (Agent) to apply for permit(s) from the Soui~rustees on my behalf. 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:/~-~//'~/] ,~, ,,~__-~ (Last name, first name, m~dSIe idifial, unless you are app ying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance ~ Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO / Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this / 2~ day of~-.~ Signature: ff Print N~.,, ,, ' i.;..'..-.. '.~m~c ..'" .~ .- .'.-. >~:' ,.. '.*: ·'.- .'. .' .'.. ..' :. '~. .... ~.~.' : - :. . ~ ~'- -.. · ... ..- , ...... . · . . -. .. · .. , .. ,, ~ ,~.,,~ t~..~ ~ · - .. . . . ~ -.. . . ..... . ... -. : ...'. . · ~.- . . · .' . .' .-,..... . ' :~.".. · . .... ~~. -- . . · .... "-'" "' ; k " ~.. .' '' ' "' .' ' ' -' .'.'..' ~' " '.'-' ' Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Date Prepared: I. For Demolition of Existing Buildin~ Areas Please describe areas being removed: /]~,~/~7~7 q~' ~k ~- ~c~4,,,~6 ~,,,q~o~4~ o~ ~ ~ ~. II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: /$ "4/~'~' fl ~vo o.g' ·-~/~ · Dimcnsionsofnewsecondfloor:~.t.,~-~-~.p~, /an·-~.7'. t'g~ !~,¢ /Z,~-.~tga~,,n,~ Dimensions of floor above second level: A]oe ~P,~aP~'~ 0 ' Height (from finished ground to top of ridge): ~! t/. r/ Is basement or lowest floor area being constracted? If yes, please provide height (above ground) measured from natural existing grade to first floor: A/o III. Proposed Construction Description (Alterations or Structural Changes) (atlach extra sheet if necessary) - Please describe building areas: Number of Floors~md General Characteristics BEFORE Alterations: ,/,~ '~ roa, k , ~P,~. ? ,,~ .NumberofFloorsandChan_gesWITHAlterati0ns:~ -5;ro~a~e ~'~:oD ~-o.,o?~..,o,.~r.~ IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: ! ~-$ Proposed increase of building coverage: t~,,~ 7.,~ Square footage of your lot: ! '7...~%na~.. Percentage of coverage of your lot by building area: V. PurposeofNewConstruction: t~?t~/~Y'~ A/O6/ ~.o~:~ ~0/~/:~-~- ~-~-~ VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject~l~remises listed on the real estate market for sale? [] Yes ~No i~ohere any proposals to change or alter land contours? o [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? Ie-~ -5,r--A,uo,~ 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wet ands area and the upland buildin area9 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? ¥~ Please confirm status of your inquiry or application with the Trustees: pe,,,~a,0 ,% 2B ~ ~u-q~-..t..qrt~,a/ and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Mo Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ttt/o (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of yo,u,r, building permit and map as approved by the Building Department and describe: ~D~,e.~ -r z3~"'l,,~..2 - b~-a,,~-~. '5~,~' t4,st~,e, ota~-~,. G. Do you or any co~owner also own other land close to this parcel? the proximity of your lands on your map with this application. Ifyes, please label H. Please list present use or operations conducted at this parcel 5', ~. ~- ~"'~ ~'~ ~t and proposed use ~:~fi~re,~- ~'A~, ~ (examples: existing: single-family; proposed: same with garage or pool, or other d~scription.) /~~ Date 2/05; 1/07 ~h-'d~nature and1~-? Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfl'ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. 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 Dep~u'taxent, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# O'~ 1 / q - oo 6'. ,~. The Application has been submitted to (check appropriate response): TownBoard ~ Planning Dept. [] auildingDept. [] aoardofTrustees 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 ~d~ extent of action: Location of action: Site acreage: Present l~d u~: P~sent zoning cl~sification: If an application for the proposed action h~ been filed with the Town of Southold agency. ~e following info~ation shall ~ provided: (a) N~e ofapplic~t: ~ ~ (b) Mailing address: (c) Telephone number: AreaCode ( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No ~ If yes, which state or federal agency~ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~es [] No [] Not Applicable /~oa'r~? ~eo-xe~:s ~aet~?,,q$ A-.,.~t,n:,-,o,~/ ,~-~o ~?.P~-~-~ o,~-~,,-~ ~'~e,,~:,-o,~_~ Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III -~ages 3 through 6 for evaluation criteria ~ Yes ~ No~l-5-1 Not Applicable 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 Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [~Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No otApplieablc 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~"~ot Applicable 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 ev~aluation criteria. [] Yes [] No [~Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes...~e LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes [] No~[-~ Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. N~ot A [] Yes~ No pplicable, Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See L,,~¥RP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [-'] No~~ Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town wat~gs. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] 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 evalu~ion criteria. ~ Yes [] NoI-~l ~ t Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III -Policies; Pa~65 through 68 for evaluation criteria. [] Yes [~ No ~Not Applicable Created on 5/25/05 11.'20 AM PROJECT I.D. NUMBER 617.20 Appendix C Stat. Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 5. IS PROPOSED ACTION: ~ New (~12ar~Mon [~Modlflc&llon/&lllraflon 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF ~NO AFFECt: 8, WILL P~O~ION GOM~Y ~H ~I~ING ZONING OR ~H~ g' ~ldenllM i~ Indu.triaI [~ C<~rn~clal ~1 Agriculture WHAT FRE~ENT LAND USE IN VICJNITY OF PROJECT? ~0, DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING~ HOW OR UL'/1MATELy FROM ANY OTHER GOVERNMENTAL AGENCY {FEDERAL, ~] NO If ~. lilt igency($) .nd pemtlt/ll~mv.ll 11. DDO~E,~ ANY ASPEOT OF THE AGe, ON HAVE A CURR~IT'LY VAL.JD REIM~T O~ API~OVAL? [--] No If ~ lift agency nm ~ i~m~lt/&~provM I ~ ~AT THE INFO~A~ON P~D~ ~E I~ ~ TO ~E ~ OF MY ~E Il the sctlon Is In the Coastal Area, and you sm & state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART FI--ENVIRONMENTAL ASSESSMENT (To be completed ~)y Agency) ACTION RECEtV~ COORDINATED REVIEW AS PROVIDED/=OR UNLISTED ACTIONS IN 6 NYCRR. PART 617 6* if NC. a negabve =t¢~ara[,o~ E. IS THERE, OR IS THERE LtKELY TO BE. CONTROVERSY RELATED TO PO?ENTIAL ADVERSE ENVIRONMENTAL IMRACTS? PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) Each effect should 13e assessed in connection with its ti) setting (i.e. u~an or rural); ~D) probability of occurring; (c) cturetion; (d) irreversibillty; (e) geographic SCOpe; and (0 magnitude. If nececsa~/, add attachments or reference supporting materials. Ensure that [] Check this box if you have identified one or more potentially large or significant adverse ira'S,acts which MAY occur. Then proceecl directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information ancl analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant a0verse snvironmentaJ impacts AND provide on attachments as necessa~/, the reasons supporting this determination: Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 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 April 28, 2009 Bv Regular Mail and Fax Transmission 727-8033 Mr. Jeffrey T. Butler, P.E.P.C. P.O. Box 634 Shoreham, NY 11786 Re: ZBA File No. 6281 and #6243 - Variances (Faga Premises) Dear Mr. Butler: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the April 14, 2009 Meeting. Before commencing construction activities, other agency approval(s) would be necessary. Please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. Thank you. Very truly yours, Encl. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (a~ Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY ! 1971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765.9064 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF APRIL 14, 2009 ZBA Files # 6281 and # 6243 - KEVIN B. and JEANINE FAGA, Applicants PROPERTY LOOATION: 12580 Main Road, East Marion CTM 1000-31-14-8.2 PUBLIC HEARINGS: February 19, 2009 and March 19, 2009 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 a reply dated March 17, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The subject property is a 17,532.58 square foot parcel measuring 142.69 feet on the east, 120.86 feet along Orient Harbor on the south, 138.29 (44.62 feet + 93.87) feet on the west, and 103.35 feet on the north. The lot is improved with a single family house and three sheds, as shown by a survey prepared by Jeffrey T. Butler, P.E. dated June 19, 2008. Page 2-April 14, 2009 ZBA #6281 and #6243 - K. and J. FAGA, Applicants CTM 1000-31-14'8.2 BASIS OF APPLICATION: Requests for Variances un'er Sections 280-124 and 280-116B, based on the Building Inspector's February 23, 2009 amended Notice of Disapproval concerning proposed additions and alterations to the existing single- family dwelling at less than the Code-required minimum of 10 feet on a single side yard and less than 75 feet from the existing b,,ll~head adjacent to Orient Harbor. FINDINGS OF FACT The Zonklag Board of Appeals held a public hearing on this application on February 19, 2009 and March '19, 2009, 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 ~inds the following facts to be true and relevant: LWRP DETERMINATION: A letter was received on February 6, 2009 from the Town LWRP Coordinator recommending the proposed action to be inconsistent under Chapter 268, Waterfront Consistency Review of the Southold Code and LWRP standards. The reason stated for this inconsistency is that the building is set back is less than 75 from the bulkhead. Consistency with the LWRP policies will be improved by removing part of the house closest to the bulkhead to increase the setback from 19.1 feet to 25.5 feet, which will be the same setback of the proposed addition. The ZBA proposes that a 10 foot non-turf buffer along the bulkhead be required in accordance with the LWRP recommendation. AREA VARIANCE RELIEF REQUESTED: The applicant requests variances to allow a setback from the bulkhead of 21.5 feet and 25.5 feet at its closest points, and to allow westerly side yard setback of 9.2 (and 9.5 feet). AMENDED APPLICATION and ADDITIONAL INFORMATION: By letter dated February 23, 2009, an amended application and 2-19-09 revised site map prepared by Jeffrey T. Butler, P.E. were submitted on February 23, 2009 in which the setback to the bulkhead proposed in the original application was increased from 22.4 feet to 25.5 feet for the proposed second-floor porch and increased to 30.6 feet fok the proposed two-story (18' x 16') addition, covered entry porch, and alterations shown Page 3 -April 14, 2009 ZBA #6281 and ~6243 - K. and J. FAGA, Applicants CTM 1000-31-14-8.2 thereon. The amended appl-ication also includes a request for a reduction of the west Side setback from the code-required minimum of 10 feet to 9.5 and 9.2 feet. Also, the applicants are raising the house eight (8) inches to meet the minimum elevations under FEMA regulations and filling within the basement. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law Section 267-b(3}(b)(1). Grant of the variance relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The minimum setback of the existing house will be increased from 19.1 feet to 21.5 feet. The proposed second-floor porch addition will be set back 25.5 feet from the bulkhead and the proposed two-story addition at 30.6 feet. The decrease in the side setback from 10 feet to 9.3 feet will be a result of squaring off th~ existing one-story wing of the house pursuant to removal of a portion of that section of the house. 2. Town Law Section 267-b(3)(b)(2). The benefit of an increase in living space cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing house is in a nonconforming location. An addition on any side of the house would also require variances. 3. Town Law Section 267-b(3}(b)(3). The proposed variance with respect to setback from the bulkhead is substantial, but not with respect to the existing house, which is closer to the b~lkhead than is the addition. The variance for a side yard setback will be 7 percent. 4. Town Law Section 267-b(3~(b)(5~. The difficulty has not been self created. It is a consequence of the original dwelling having been constructed closer to the bulkhead than subsequent amendments to the code permitted. Page 4 - April 14, 2009 ZBA~628! and ~6243 - K. and J. FAGA, Applicants CTM 1000-31'14'8.2 5. Town Law Section 267-b(3)(b)(4), No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law Section 267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the additions and alterations to the 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 tl~e balancing test under New York Town Law 267-B, a motion was offered by Member Simon, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, subject to the following CONDITIONS: 1. There Shall be a minimum non-turf, vegetated buffer 10 foot landward of the bulkhead;and 2. Gutters and drywells shall be installed to contain roof run-off; and 3. If any of the original foundation has to be replaced or repaired, it must conform to the dimensions of the site plan given to ZBA. 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 applibant's diagran~s 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, Page 5 - April 14, 2009 ZBA ~281 and ~6243 - K. andJ. FAGA, ~,pplicant~ CTM 1000-31'14-8.2 -~2~ssed in this action setbacks and other features as are expressly =~,,,~ · 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. vo~o~ ~: ~e~: :~~~, o,,~., ~on, / Ge~ g. ~hringer, Cl~Air~._a~ ? /2009 Approved for Filhtg ACTION OF THE ZON~qG BOAI~D OF APPEAI~ ACTION OF TH~ ZONING BOARD OF APPEALS OF THE TO¥,~I OF S0~THOLD was c~sidered and the act[on indicated bel!nv was taken on your ~ ) Request for v~riance due' to lack of access to property · . ( ) Req~lest tot a s~ecial exception unde~ the Zonin~ Ordhlan~e ( ~ Request for a variance t~ the Zoning Ordinance Appellant the appeal 1. ,.Si~ECIAL-EI~CEPTION. By zeaOlution o! the Board it was determined that a spe~al ~x~eptlon ( ) be ~wante~' ( ) be denied'!l~ursuant to Article .................... Section .: .................. Sllbsection .................... paragraph .................... of the Zo~lng Ordinance -'~d the decl~i, on of th~ Building ]Lnsptmt~r ( ) be reversed ( ) be ~r~e~ ~" ~ll!~ ~,K,(E,~.T.') ~ upon apI~il, IL~atl~n Fee 2. VARIANCE. By resolutima 0t the Board it was determined that (a) Strict application o~the Ordinance' (woulcl) (would' not) tfroduce pr~ctical hardship because (b) The hardship created, (i~) (is not) unique and (v~uld) . (would not). be shared by ail properties alik~ in the immediate vicinity of this propert~ and in the same use district because (c). The variance (do~) (does no~) observe the spirit of the O~clinm~e and (Would) chan~e the character of the district because (wo~dnot) and therefore, it was ~rther determined that the rec~uested variance ( ) be ~ranted ( ) be de~led and After lnvoatl$atian and lnspeotion the Board Finds that tho applioan~ x. equeeta peniaelon to divid® prepare7 and eot of~ lots with lnauf~elen~ area, and for approval or assess over p~lvate rl~ht-of-w_a~ in aooo~danoe vLth tho state of Hew Xork botion 2S0A on prope~t7 Xooated on tho south erda of Hain (State) Road) East He, ion, Hew ~o~k. The Boa~d ia in a~eemant with the reasoning of tho applioant. Tho Boa~d finds that striae applioation of the 0~dtnanee MILl prod_uae praettoal diffioultiea or unneoesaa~y h~dehip! the hand- ship' afeared il unique and would be shewed by all properties alike tn the imdiate vtetntt2 of this property and in tho eau 0~dioanee and will not ohen~e tho shatterer of tho diatriot. Road, East ~A~XOU, Wow ~orko be 0RABT~ pe~alestou' to divide and eot off Iota with' tnauffiolent a~ea, and bo given approva~ of aeoeos over ~tvate · ~a~o of Hew T~k T~ he,~ bo~on 28~, on p~opeF~ looa~ed am applied for, aubJeot to approval of the Building Xnepeotor. Vote of tho Boa~ds ATeas- Heseraz OIlliapieo Hulas, (Jrtaonia, W. P ~' IAI~.Y Io¢'I 6,4~ 44,8- PROPOSED FIf~,T FLOOR SECOND flO01~ PL,AN SECTION A-A lOO~-$ l- 14-~. -~. TOWN OF SOUTHOLD PROPERTY1E¢ORD CAIID '"' Nlo? '~:~ I OWNER STREET I ~-~ ~ VILLAGE DIST. SUB. LOT ~ RES. ~.~ t ~/, SEAS. VL FARM COMM. CB. MICS. Mkt. Volue LAND IMP. TOTAL DATE REMARKS ~o ~zoo ~zo~ M~/e7 ~..~,~,~..-.~[,"~ ~- ~,~,~,~-.,-~ ~zF~,~'~,4~.~''- · 1' / / Tilloble FRONTAGE ON WATER J ~ ~ "~D.'~ '" ~ ) 20 W~lo~ FRONTAGE ON ROAD ~ DEPTH J ~ ~ ' - ~ V. H~ PI~ BULKH~D To~l M. Bldg. ! ~,~..~ . .: Foundat io:~ Basement Bath Floors II T DANITARY ~E~E~ ~ ~TER IN P~E ~- : PE~E O O "' ; , ",' 6OARSE 5ANP MITH ~ PO~h ~2 ~,PT, ¢ ~ i. H~ARD LINE q.o' BELOH ~RF~E ~I~TIN6 BUILPlN~ O0~OE, t~, ~ ,~- ........ ~,~ ~ ~ I ~0 ~ALE AF~ --- A~ FtNIGHDD ~ET --- METAL PlAH --- OlAHETER ST --- ~TEEL ZONIN¢ OlD.lOT, ~IOENTIAL '~' PIP --- ~GTILE iRON PIPE TO --- TOP OF P~.--- DOUBLE ~LL TI --- TOP OF 15LAND SITE EXIST --- EXIDTIN¢ ~ --- TE~HINATE ~ 125~0 HAIN FD --- FLOOR D~IN U/L --- ~LEAPED ~ADT HA~ION~ NY I1~ --- ~LDED ~IRE MESH ~ . A~A OP 51~, *I3,5D2.D~5.P. (0.40BACJ N.C. LINE O~ - ~ ~ , /~ HAT BALED AND GILT I0' NON TURF ~ ~,~ LOT DEPTH: , .' -, ..... ~ro BE ~H~O Y~D REQUIREmENt: m t ~% ~ J j [ Xk : ,Xx -" r.,,.;,, / g~ ~/~}k ~ ~ ~ MINIMUM SIDE YARD S~BACK: 10' / I < ~LL ~ BUILDING HEIGHT. : ~ %~m ' BUPFER ~. A~OWED: 2.5 I AREA COVERAGE CHART: DEDJ~., GTPJJG'IlJRE, EXlGTINE~ AREA~ AFTER C4DNDTRUOTION AP.~A, FIRDT FLOOR 5EOOND FLOOR PI~T PLOOR SECOND PL~R ~ RE~ID~OE 10~.~2 ~.PT. ~ ~.FT. 12qo ~.PT. [2~0 ~.PT. ~ 5HEP (TO BE ~O~D) ~.44 5G.FT. ~ PO~H ~2 ~.PT. TOTAL (~OTPRINT), 1220.0~ ~.FT. 14~.5~ ~.~T. TOTAL (LIVIN~ A~, 15~5.~2 ~.PT. 2560 ~.FT. -.~.~.~.~.-~.~ [ ~ ~11- ..... ~Hl---I Ill--Hill--Ill II~ql~l ~ ]~ ~, / TEfT HOLE DATA AREA COVERAGE CHART: ON JUNE 28, 200~) I ~~ ~~ ~ I / ELECTRICAL O~RHEA~ ELEGTRI¢ ~ ~ MONUMENT ~ I 0-20B ¢~L - ' . . . ~, TOTAL ~OOTPRINT), I~B.44 ~,FT. ~111.~ ~.PT. I)¢2.08 ~.FT. *1002.5q ~.FT, r~~,,;,,-;~"~':J¢~¢I / LOOATION MAP: A~V --- ABOVE PA --- ~A~E, ¢~¢E TOTAL (LIVIN¢ A~ I ~,00 5~,PT, 1¢¢~,¢2 ~,PT. 2¢~00 5~PT 52%~2 iBI~ ------ BOTToH~TTOH OFOP 15LANPOU~B PLOsO'H"-----OVERPLAOESHEAP P~FOSEP ~ILPlN¢ CO~¢E (I~L~PI~ PO~HES), ~ / GONO --- OONORETE PP --- POHE~ POLE P~EP LIVIN¢ A~A~ · ' / OONST --- OONS~CTION ECP --- ~INF. CONG. PIPE 1~¢4~2 ~.FT (EXISTI~) + b80.~2 ~.FT. (P~P~P) = 2445.~ ~.PT. (TOTA~ TOHN OP ~U~OLD GPR --- CO~ER 5D --- 5TO~H D~AIN / 5OTH NO., 1000-~1-14-000¢.2 I EXIST --- EXISTIN¢ TERH --- TE~Hi~ [ .~ ~ ~ 125~ HAIN ROAD / -- ~o --- ~u~ o~ w~ --- w~r ~ Pie --- PIDER eLA55 HO --- ~5~ OIL ~ ~ ~ 51~ DATA: EXISTINe, ~ / FTC --- POOTJN~ HNH --- ~LDED HIRE MESH : ~' '. A~A OF 51~, *l~2.SgS.P. (0.405AOJ N.O. ,/ ~ 0 LINE OF PROPPED ~, ~ I ~ I /~FE~OE ~ ~ rolO' NON TURF I ~-~Y~ IcLAr~oNI I ~ ~ /RHFFF~ ~ A OD ATIO, I ~ TIE = 202.58' % ~ ¢~ ' ' / ~ I / ....... ~ HAP ~, 851~O~¢~ - AE q ~¢VP 1~2q) I ~~ ~ ' ~ / ~ ~ ~EXI~TIN¢ ~OOP ~ ~ ~ /~" ,, f- ', ,,, % %% ', ', / , '%~ "...,.l ......... ~ ~ ~ ) ~ ~ .o;~ '... ~ ".. ',.. ~. ~ ~ ~ ZO~G ~O~T~ON. '"".'.' ".. ~ %~ ~ ~ %"~ ~ ~ ""'"'"'"'"""'" X~ ~(~ Y/X/ ~ ~ ~(~ * ' R ESIDENTIALDI~.ICT '. '~' / I ' % El ~b'~E .... ~ ', '~ '" ~ ~ ~/~ ~A~ ~ ~A ¢ % MINIMUM ~LOWED: 40,000 SQ.~./ ~HO~P ~ ~" " PROP~EP LEAOHI.¢ POOL - ,~ . % ~HO~D ~ ~ '~ ' ................... ~ ~ ~ / ( / ~ ~ ~ ~ ~ P[0VIB[D. ~i7 532.58 ~.~. I / ~ ~ ~ ~'.. '.. / ~/ / ~ ~ ~ PL. ~ ~'% .. ~ LOT WIDTH: ~ t ~ ~: : ~ / ~ ~ ~ ~ ~ / / ~ ~O~H ~ ~ ~ MINIMUM ~LOWED: 150' , ~ ~ ~ ~ '. ': / ~, IO'HIN (~P) : ~ %~ ~ / / /~, ~ ~ ~'~ PROVIDED: 103.35' / ' ~ % ~ ~; ~ '~ ~ / ~ -- ~~ '. ~ ~/~k~,X,~T;~¢,~ ~ ~. LOT D~,~: / P~P~ED ~AOHIN~ POOL N · -' : %~ ~ / k~k~°~~ ,~ ~/ ~~R~F O~HAN~ ~ ~,~ MINIMUM ~LOWED: 175 / . (I)~¢X4PEEPFOR~IN , // : ~ %% '''~%% ~.,Q~~ 7//~/ ~TODE~HOVEP ~ Ii ~~ DD~winrm. ~n, / ~ ~ 7 ~ ~ CUMU~TIVE SIDE YARD S~BACKS: 25 ~ ,~' ..... ',~' ~ // : N ~~~ ~;:~ [ ~ / / '~ ~ ~ t MNMUM R~R S~CK' 35" / z X~ k~ ~ 5TO~T ~P~O~ ~ ¢ ~ ~ PROV DED' 35 7 I TOBE "~-.:' '~'~ .... : %% ,~ ~ % ( ~TOT~OF~A~. ' ~' ~ ~/ / / / ~ ~ ' ~ MINIMUM REQUIRED' 850 S~.~ / ~ :-- ~XX~ ~Db ~ · ' ' e ' ' :'-' : ~ ~ ~K=~'-0"~~~' ' ': ~ ~ V / ,/ ~ ~ * ' ~ ~TOTAL' 2~0034 SQ ~"~ -- ~2' ~ ~~~De ~ mOPO5Ee~UA~I~--~~'"~ ] ~ / /'~L~ ~ "' ~ LOT~gXE%GF~ ........ / ~ ~ ~' ~~ ~K=~'~ ~ OPPOF5~ ~ ~ ~ ~/ / /~k~ ~ M~. ~LLUW~U: ZU~ I tlN~ 5TOG ~ ~ '~ ~ ~ FENCE m / EXISTING · ' - ~ ~ ' ~ ~ALL ~ ~1~1~ HEI~NT~ ¢ ~ .~ ' %"" ..o.os~: ~'-o" / ~ ~C~ RiIFFER NUMBER OF ~ORIES. A~ .... ,~. ,~LowE~: 2.~ / ~'~ ~x~.~: ~.o · ~ PROPOSED: 2.0 / / AREA COVERAGE CHART: DESI~,.; 5TP. UOTUP. E, EXISTIN(5 AREA, APJ~A TO BE REHOVED: AREA TO ~HAIN; PROPOSED FIRST PLOOR ¢ECOND PLO0~ i FIRST PL~R ~GONO PLO0~ RE¢IPENCE (FOOTPRINT) 1¢~2 ~.FT. ~ ~ED ~2.00 ~.FT. ~2.00 ~.FT. ~ ENTRY POROH 25.00 ~.FT. Ld O z SITE LAN I 1 \ oF I