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Home My WebLink About1000-58.-2-13 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) $outhold, 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 Leslie Weisman, Chair To: Town of Southold Zoning Board of App,~'s From: Mark Terry, Principal Planner LWRP Coordinator ~'~'~ Date: February 8, 2010 Re: ZBA File Reference No. 6370 Anello SCTM# 1000-58.-2-13 Town records indicate that the proposed action was reviewed to Chapter 268, Waterfront Consistency Review on April 21, 2009 and was recommended as inconsistent to the Zoning Board of Appeals. The coastal consistency review recommended the establishment of a 15' non-disturbance buffer incorporating the remaining existing vegetation landward of the bulkhead and adjacent to the deck. The Zoning Board of Appeals approved the action on May 28, 2009 (#6242) and established a non-turf vegetative buffer on both sides of the seaward wood deck. Based upon this condition the Board furthered the policies of the LWRP to extent practicable. The amended proposal includes no ground disturbance and therefore, the amendments are not significant enough to warrant a re-review of the action. Cc: Lori Hulse, Assistant Town Attorney Town .annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) So~thold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY ! 1971-0959 http://southolcltown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 76~-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING DATE: May 28, 2009 ZBA FILE # 6242- ROBERT and BETH ANELLO, Applicants CTM 58-2-13 PROPERTY LOCATION: 1980 Leeton Drive Southold adjacent to the Long Island Sound 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 Seclic~s A 14-14 to 23, and the Suffolk County Deparlme~t of Planning issued its reply dated December 5, 2008 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inler, community impact. PROPERTY FACTS/DESCRIPTION: The subject properly is a non-confon'ning 6,825 sq. ft. lot measuring 50 feet wide along Leeten Drive, 155.30 ft. along the easterly property line and 153.63 ft. along the westerly propaly live. It is improved with a two story framed dwelling, shed, hot tub, decks and steps. BASIS OF APPLICATION: Request for Vatances under Sections 280-124, 280-122 and ZBA Code Interpretation {under R. Walz Applica~on ZBA ~3039), based on the Building Inspectors amended October 29, 2008 Notice of Disapproval. New construclion is proposed as additions and alterallons to the existing single-family dwelling at less than Ihe code-required minimum concerning: (1) side yard less than 10 feet, (2) total side yards tess than 25 feel. In addition, a Variaccelis requested for lot coverage exceeding lhe code limitation of 20% on thb nonconfo[ming 6 825 square foot lot. i = LWRP DETERMINATION: A Letter dated Ap~l 21, 2009 confirming inconsistency was submitted to the Board of Appeals under Chapter's95 Waterfront Consistancy Review of the Town of Soathold Code and Local Waterfront Revitaliza~on Program (LWRP) standards. The recommendation in the report read: 'Require a minimum 15 fi. non- disturbanca buffer inco!~oorating the remaining existing vegetation landward of the bulkhead and adlanem to the deck. Note that the buff.er should fully incorporate the Coastal Erosion Hazard Area (seaward of the Coastal Erosion Hazard Line)." At the re{luast of Itm Board at the Public Hearing on April 23, 20~, the applicant's attorney, Patrida Moore, reviewed that L..V~ report with Mr. Scott Hillar'/who consulted with Mark Terry and submitted a letter to the ZBA dated April 27, 2009. Her letter states that she was advised by Mr. Hillary that the intent of the LWRP recommendation was to keep the existing vegetation (Montauk Daisies) pleated by the applicant on either side of the seaward wood deck. These native plants serve as a vegetative buffer, not a non-disturbanse buffer, because they require pruning. The ~aintenance of this buffer will reduce adverse environmental impacts caused by the non- conforming setback from the bulkhead. Page 2 - May 28, 2009 7.BA# 6242- R. and B. Anello CTM 58-2-13 J~,j~~: The applicant proposes to make structural rapaim, as needed, to their as built wood ground leval and second story'decks, at grade boardwalks, and stairs, to change ~e existing roof pitch (in place and in kind) over a small addition on the easterly side of the dwelling, and to legalize an as built hot tub which is a tampora~ acceaso~ structure. The Fe-existing non-cenfonning as built seaward deck is indicated at appro~mataly 7 lt. from the rear Iof line, (the c~le requires a minimum of 35 fi) and 7.7 It. from fie Mean High Water Ma~ on Long Island Sound. The second sto~ roof replacement is Folx~ed with a single side yard astbeck of 8.6 ff (the c,o~e mquiras a minimum of 10 ft.), and a total side yard selbs~ of 17,6 It. (the code requires a minimum of 25 ft.). The proposed construction indicates a total lot coverage of 33.8% (code requires a maximum of 20%). ADDITIONAL INFORMATION: At the Public Hearing on Ap~l 23, 2009, the applicant agreed to submit an amended survey and Notice of Disapproval with a reduced lot coverage accomplished by eliminating the existing wood walkways in the front y~rd and along the westerly side yard and replacing with pavers at grade, AMENDED APPLICATION: During the hearing, the appticant was askad to Ixing the plan into more conformlly ~ the code. The applicant, on May 20, 2009, submllted a survey by John Metzger dated May 15, 2009 decreasing the proposed lot coverage by 4.2% from 33.8% to 29.6% by removing 288 sq. ft, of wood wal~ays, thereby hinging the plan into more con~ormi~/with the codes. An amended Notice of Disapproval from the Building Inspector dated May 26, 2009 confirms the prbposed 29.6% lot coverage. REASONS FOR BOA't~) ACTION: On the basis of.testimony presented, materials submitted and personal inspections, the Board makes the following lindings: 1. Town Law .~267-~3}t'b}¢3}H}. Grant ofthe variances will not produce an undasirsbta change in the charactor of the neighlx~hood or a,delrimen[to nearby properties. The proper~s on Leeton I~ive along Long Island Sound are lypically similar to the applicant's in that many am smell, non-conforming parcels improved with dwellings o~ginally .built as summer cottages... Many have exCeSSive lot coverage and wood decking ~ht up to the wood bulkhead (there ~s no bluff in this section of the Sound), The applicant is not proposing to enlarge the existing d~elling, but rather to make in kind and in Mace structural repairs that will maintain the pre-existing non.-canfonning selbacks.. Tha alteration to the existing roof is proposed to remedy persistent leaking and improve the appearance of the dwelling. The as built hot tub is a=small temporary accesso~/structure that provides an amenity for the homesvmers. 2..~The benefit sought by the applicant cannot be achieved by some method, feasible for the appacant to pursue,':other than an area variance because the pre-exisiJng selt~ were established prior to zoni.ng, and any edditton, s or siteralions will increase the degree of nonconformance, ~ggering the Walz riecisien and requ~nng a variance. L 3. Town Law ~267-bi~i(b)(3). The setback vadancas granted herein am not substantial in So far as they am not changing any existing setbacks. While Ihs I~roposed lot coverage is a substanl~si valence, it is typical in the applicant's neighborhood!. 4. ~ The difficulty has not been self. created, bul is the result of pre-existing non- 5. ~ No eviclenca has been sulxnltted to suggest that a variance in this residential community will have an adverse impact en the physical or envlmomental oondittons in the neighborhood. The property is protected by a bulkhead that is in excellent condition, there is no bluff, and the wood decks and walkways are pervious structures On sand with no drainage problems. Page 3- May 26, 2009 ZBA # 6242- R. and B. Anello CT~ 58-2-13 6. Towe Law ~267-b. Grant of the requested relief AS AMENDED is the minimum action ne(essay end adequate to enable the app~;ents.to enjoy Ihe benefit of structural repairs to their existing dwelling, stairs, and decks, while presa~ng and protecting the character of the neighbo~hcod and the health, safety and welfare of the community. 'RESOLUTION OF THE' BOARD: In considedng.all of the above fac-tom and applying the balencing test under New York Tow Law 267.B, motion was offered by Member Weisman, seconded by Member Simon, end duly carried, to ORANT tho varianc~ as applied for, and show~ on the SURVEY,by John Metzger dated May 1~, 2009 and the drawing dated 9/2/08 and revised 10/28/05,by Angel Chomo, Architect, labeled Proposed Alte~tions, An¢llo Residing, subject to th~ following Condition~: 1. The westefl~ide yard must remain open and unobetructed br access by emergency equipment, and 2. The appl~nt must continuously maintain the existing non.tu~f vegelative buffer on both sides of the seaward wood deck, planted with native plants such as Montauk Daisies or Rosa Rugosa as per the recommendation of the LWRP Report That the above condi~.. 's be written into ~e Building InspeCts Certificate of Occupency, when issued, my deviation fro~ the val~ce given such as extansions, or demali~ns which are not shown on ~o applicun['s diagrams e' sun,e/site maps, are not sutho~l ~der this apl~lCat~ whe~ la~Mng no~o~fonl~, ond~' t~ zofling oxle. ~[s a¢~ do~ not su6xx~ or oondene ony current or futui:euse, se~:k or ol~e~ lealure of the subject properly ant may vidm the Zoning Code, other than a~h uas~, selbacks and other teatu~.~s ~re expre~y addressed in this achan. ~ Board rese~vas the dghl to substJ~u~ a ~mila' de~l that is ~le minimls in nature for an al~ra~oa ~hat doas not ina-ease the degree of Vote of the Board: A '.y'y'y'y'y'y'y'y'~as: Members Gcahringer (Chairman), Simon, Weisman and Schneider. (Uember Olive was 143 Harbor Road Cold Spring Harbor, New York 1978 atameet/ngo~theZol~q~oar~ofA~pealsou September 7, 1978 ( ) .................... o~ ~e Zoning On/Inane and ~e d~ o£ ~e B~Iding I~pec~r ( ) be reve~eed ( ) be ~trm~becausm 8:25 P.M. (D.S.T.) Upon application of Jean C. Leonard, 143 Harbor Road~ Cold Spring Harbor, New York, for a variance to the Zoning Ordinance, Article IIW, Section 100-32 for permission to erect an accessory shed in the front yard area. Location of property: Leeton Drive, Southold, New York, bounded on the north by Long Island Sound; east by P. C. Carrol; south by Leeton Drive; west by H. Freedman. SEE REVERSE SEE REVERSE SEE REVERSE After investigation and insepction the Board finds that the applicant wishes to construct a storage shed in her front yard. The Board agrees with the reasoning of the applicant. The building is needed to store bicycles, tools and yard furniture during inclement and winter weather. The Board finds that strict application of the Ordinance would produce praotioal difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same uae district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was ~ESOLVED that Jean C. Leonard, 143 Harbor Road, Cold Spring Harbor, New York, be GRANTED permission to construct accessory shed in her front yard area. Location of property: Leeton Drive, Southold, New York, bounded on the north by Long Island Sound; east by P. C. Carrol; south by Leeton Drive; west by H. Freeman, upon the following condition: The storage shed shall be at least 3 feet from the westerly lot line of the property and at least 30 feet from Leeton Drive. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Tuthill and Douglass. YOUNG & YOUNG 400 OSTRAND[R AVENUE, RWERHE~AD,' NEW YORK ~URVEY FOR: NOTICEI~COUNTY OF SUFFOLK (~) III ,/~ $OUTHOLO ~'~' 1~,.,,~,2~ Red [Y~fy T~ ~Ice Agel~cy I ~1 I ,.,~ ,~., ~,.~ ~ ~ 11'~E:::;~ . . . IAI I ~"~,~'""'" ,~/''~''~ I"/ .-..- N LOT COVERAGE AREA TO COASTAL EROSION HAZARD LINE = 6825 sq. ll. HOUS~DECKS,HOT' TUB~ SHED~ & STEPS = 2309 sq. lt 2_30916825 = 33.8% WALKWA YS TO BE REMOVED = 288 288/6825 = 4.2% $$.8%-.4.2% = 29.6% .¢ -% COASTAL EROSION HAZARD LINE FROM COASTAL EROSION HAZARD MAP PHOTO # 56-$66-82 FLOOD ZONE FROM FIRM MAP NUMBER 5610500154 MAY 4, 1998. ELEVATIONS REF"ERENCED TO N.G. V.D. · =MONUMENT ANY ALTERATION OR ADDITION 7-0 THIS SURVEY IS A VIOLATION OF SECTION 72090F THE HEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIRCATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF- ONLY IF SAID MAP OR COPIES eEAR THE IMPRESSED SEAL OF THE SUR~'~YOR WHOSE S(GNATURE APPEARS HEREON. AREA=7,723 SO. FT. SURVEY OF PROPERTY AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY,N'. Y. 1000-58-02-13 SCALE: 1~=20' NOVEMBER 22', 2006 dUNE 19, ,2008 (COASTAL EROSION HAZARD LINE) SEPT. 2'q~ 2008 (~ddlffons) SEPT.. 30, 2008 la~dilions) OCT. 16~ 2008 (ground level deck added Io lol ¢overage,~ JAN. f~, ,2009 (addilionsJ MA Y 15, ,2009 (Iot' coveroge) A'u£. 24:2009 RECEZVED BOARD OF APPEAL~ (651) 765-5020 P.O. BOX 909 1250 TRAVELER STREETI SOUTNO~D. N. × .9z1 I 06-248 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. (63I) 765-1809 Fax (631) 765-9064 January 25, 2009 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 5'6 Re: ZBA File Ref. No. # 6370 ANELLO Robert & ~e~h Dear Mark: We have received an application for proposed construction on non-conforming waterfront lot, setback from high water mark. 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, By: ~C~¢4/v (yV¢'~:~'-~ Encls. FORM NO. 3 TOWN OF SOUTHOLD SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: January i5, 2010 TO: Patricia Moore Esq. for R & B Annello 51020 Main Road Southold, NY 11971 Please take notice that your application dated January 6, 2010 For permit for an additions & alteration to a single family dwelling at Location of property: 1980 Leeton Drive, Southold County Tax Map No. 1000 - Section 58 Block 2 Lot 13 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 6,825 square foot lot, is not permitted pursuant to Article XXIII Section 280-124, which states that non-conforming lots, measuring less than 20,000 square feet in total size, require a minimum single side yard setback of 10 feet, a minimum total side yard setback of 25 feet, a rear yard of 35'. The proposed deck roof over is indicated at approximately 32' from the rear lot line & 8.6' & 17.6' combined. In addition~ the proposed construction is not permitted pursuant to Article XXII Section 280-116 A {2), which states; "Except as otherwise provided in Subsection A(1) hereof, all buildings or structures located on lots adiacent to sounds shall be setback not less than 100 feet from the ordinary high water mark of said sound." The proposed construction notes a proposed setback of+/- 32. feet from the ordinary high water mark. Also, the proposed 2nd story addition is not permitted since it is a deviation from ZBA#6242. Also, the lot coverage, decking & hot tub relief are not included since ZBA file #6242 indicates approval. This disapproval is based upon the survey by John Metzger~ LS, dated Aug. 24, 2009. Authorized Signature PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631 ) 765-4330 Fax: (631) 765-4643 January 21, 2010 Southold Town Zoning Board of Appeals Chairperson Leslie Weisman, and Board Main Road Southold, NY 11971 By Hand Re: Robert & Beth Annello 1000-58-2-13 1980 Leeton Drive, Southold Dear Ms. Weisman and Board: We respectfully request that this matter be placed on your earliest calender. It was my understanding that you had the enclosed drawings, however, the previous appeal reviewed older plans which the owner had revised. Therefore, this appeal is for roof changes to the house and a roof over the existing deck. I discussed the roof over the existing deck at the hearing but the plan was not in your file. The final construction drawings, which are enclosed, were prepared for the building department believing that this revised roof plan had been approved in the prior appeal. Therefore, enclosed please find original and seven of the following: CURRENT NOTICE OF DISAPPROVAL FOR ROOF OVER HOUSE AND ROOF OVER SEAWARD EXISTING DECK 2. VARIANCE APPLICATION 3. SURVEY used for the notice of disapproval BUILDING DIAGRAMS: Diagram or sketch of proposed roof design with cupola, and proposed roof over existing seaward deck with elevations from grade. The roof is over existing structures. The proposed roof over the existing seaward deck is shown on the plans but will not require staking. 6. PROJECT DESCRIPTION, QUESTIONNAIRE FORM, and DISCLOSURE 7. No COVENANTS Ai~D RESTRICTIONS 8. TOWN PROPERTY CARD 9. The LWRP is enclosed but should be exempt action. 10. check payable to ~Town of Southold" Thank you for your continued courtesies. Ver~. ~-rn%~ yours, [~-P-a~'~icia C. Moore TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20 Approved ,20 Expiration ,20 PERMIT NO. BUILD1NG PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health Planning Board approval Survey Check Septic Form Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,20/,9 a. This application MUST be completely filled in by typewriter or in ink and submitled to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval &this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shaU be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any pu~ose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Therea~er, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance &the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction &buildings, additions, or alterations or for. femoral or demolition as herein described. The applicant agrees o comply with all applicable laws ordinances, buildiflg code, housing e0d~, and Feg~ations, and to admit authorized inspectors on premises and in building for necessa~ inspections. ' (Signature of applicant or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent,'architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises ~,~e4M~' )~79e~//t', (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Locatior~ of land on which proposed work will. be qlone: House Number Street County Tax Map No. 1000 Section '~'~(~ Block Subdivision Hamlet ~ Lot /-~ Filed Map No. ~....~ 'Lqt. ~:~, ~,a 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ,~r~c~fi ~tc,~-/m~e.~ ~0~ b, Intended use and occupancy ~/z~e'C~/~t*-~ ~e ~'~J~/O .~a/~_~t-~ / 3. Nature of work (check which appllcable): New BuildinK Addition Repair Removal Demolition Other Work 4. Estimated Cost Fee 5. If dwelling, number of dwelling units If garage, number of cars Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. lfbusiness, commercialormixedoccupancy, specifynatureandextentofeachtypeofuse. 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear .Depth Dimensions of same structure with alterations or additions: Front Rear Depth Height_ Number of Stories 8. Dimensions of entire new construction: Front Rear _Depth Height Number of Stories 9. Size of lot: Front .Rear .Depth 10. Date of Purchase Name of Former Owner I 1. Zone or use district in which premises are slanted 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO __ 13. Will lot be re-graded? YES NO__Will excess fill be removed from premises? YES__ NO__ 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. ls this property within 100 feet ora tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOVfN TRUSTEES & D~E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES NO * [F YES, D.E.C. PERMITS IvlAY 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. Are there any covenants and restrictions with respect to this property? * YES __ NO · IF YES, PROVIDE A COPY. STATE OF NEW YORK) COUNTY OF ..~/~S: t~ ' -~'~ ~'~ ~}~/~t~'A~'~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the ~;~~nt Corporate Omcer, 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· Signature of Applicant APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS ce Notes: -- Filed By: Date Assigned/Assignment No. I House No. 1980 Street Leeton Drive Hamlet Southold SCTM 1000 Section_58 Block 2.~Lot(s) 13 Lot Size 6,825 to CEH Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED January 15, 2010 BASED ON MAP Peconic Surveyors dated August 24, 2009 Applicant(s)/Owner(s): Robert & Beth Annello Mailing Address: 1980 Leeton Drive, Southold Telephone: 766-5012 Fax #: Email: pcmoore 1 (~optonline.net NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for (X) Owner, or ( ) Other: _ Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 Email: pcmoorel(~optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED August 24, 2009 and DENIED AN APPLICATION DATED January 6, 2010 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXIII Section 280- 124 roof over existing deck and change roof over existing house. Owner wishes to change roof design from approved design in Appeal #6242 (remains elevated one story)- existing house preexisting nonconforming setbacks (Walz) Article 280-116 A (2) Setback from Long Island Sound preexisting nonconforming (maintain existing setbacks but construct roof over existing deck and change roof over existing house) Type of Appeal. An Appeal is made for: E 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, E 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.) Name of Owner: George Yatrakis ZBA File # REASONS FOR APPEAL (additional sheets ma~, 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: The property is adjacent to the Long Island Sound with a bulkhead and no bluff. The adjacent easterly property owner has reconstructed their house with two and ¼ stories and the height of the one story Annello house is significantly shorter, resulting in a significant impact on the height between the two properties. The applicants wish to add a cupola to the roof design to add character to their home and to mitigate the difference in height with the neighbor's home. The roof design does not add any living space and adds to the architectural look of the house. As to the roof over the existing deck, Mrs. Annello can not tolerate the summer heat and sun on the existing waterfront deck, therefore, the applicants request a roof over the existing waterfront deck. The existing footings of the existing deck are sufficient to support the proposed posts and roof over deck. (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: The preexisting setbacks of the house were established prior to zoning. Minimal alterations are permitted under FEMA regulations. The application must replace the roof pitch to correct 1960's construction of additions under multiple roof connections. The design of the roof will enhance the character of the existing house and conform to the design of the surrounding homes. As to the deck over the existing waterfront deck, the applicants considered an awning, however, the strong winds off the sound damage fabric awnings and a roof over the deck will provide both a location for a fan and also shade. To Mr. And Mrs. Annello, awnings are less attractive than a roof. (3) The amount of relief requested is not substantial because: The existing house was constructed prior to zoning and altered throughout the years. The alterations to the roof is not adding living space it is merely changing the pitch and structural components to correct the substandard existing structure. The roof modification over the existing house and roof over the existing deck does not increase either the size of the living space or the existing footprint. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The property is protected by bulkhead, there is no Bluff, and the structural alterations to the roof are to remedy an existing condition. The homes on the east side has been expanded and towers over the Annello's home. The proposed roofs are proposed over existing structures and do not effect or impact the physical or environmental conditions in the neighborhood. All roof runoff will be captured on site. (5) Has the alleged difficulty been self-created? ( )Yes, or No(X ) Preexisting Are there Covenants and Restrictions concerning this land: E No. Yes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING RE~i~tg~D, AND PLEASE COMPLETE A TTA CHED USE VARIANCE SHEET: (Please be s~~~ Sign~fi~'~ure of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn tq before me thisC~.('~ dayo~;,}/~ .20~/. THE To: so~lhold Town Zoninlt Board Southold Town B~idir~ l)~partm~n! ltouthold Town Trustees Suffolk County Hmilth Departmenl Any and All State, County, Ltmal agencies, as neocssary Re: Pte~aJses at SCTM # 1000-$8-02 - ~3 ~he unde=signe~ haraby au=horizes my a~=orney, Pa=ricia C. Moore, and her a~ents =o mubmiU any and all ap~lic&tions which may bm re~3~.orde= to ob=ain a buildtng pezTni~ ko construct the ~e~ addition ~o a reeidence on =he ~bove rm~er~nce~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Robert & Beth Anello Date Prepared: January 19, 2010 I. For Demolition of Existing Building Areas Please describe areas being removed: roof over existing dwelling 32' x 33' Existing roof to be reconstructed with new pitch and cupola II. New Construction Areas (New Dwelling or New Additions/Extensions): New Roof over existing second floor waterfront deck. No change to existing deck add new post and new roof. Dimensions of first floor extension: over existing waterfront deck (depth 8' on west side x length( 12' + 8' + 12') x 12' on east side).. Dimensions of new second floor ( no change) Dimensions of floor above second level: ~top of cupola 31' roof with a 6 by 12 roof pitch Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed no change If yes, please provide height (above ground) measured from natural existing grade to first floor: 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: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing: 33.8% reduced to 29.8% Proposed increase of building coverage: none Square footage of your 1ot:__6,825 to CEH line with an additional 10 feet to the bulkhead exists but is not counted in lot area. Percentage of coverage of your lot by building area: 33.8% The alterations to the existing house do not change the lot coverage and there is no increase in living area. In previous appeal lot coverage reduced to 29.6% V. Purpose of New Construction Requested: new roof design requested due to neighbor's expansion. Roof over existing deck to protect against sun and heat. VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): _flat, developed, contains an existing bulkhead which is tied to neighboring bulkheads and adjacent to the Long Island Sound Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking coruers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Robert & Beth Annello 1000-58-2-13 ls the subject premises listed on the real estate market for sale? 13 Yes E No Are there any proposals to change or alter land contours? E No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? Long Island Sound 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 &the Town Trustees for its determination &jurisdiction? submitted Please confirm status of your inquiry or application with the Trustees: simultaneous review 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? no E. 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.) F. Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? no the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel existing dwelling & second floor decks and proposed use same with new roof design and roof over existing waterfront deck . ~exampl~-exi3lT~: single-family; proposed: same with garage or pool, or other description.) Authot~i,z~-,gr~ture and Date 2/05; 1/07 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: Robert and Beth Annello and PatriciaC. Moore Esq._ (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: Trustees 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 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__ day of Signature: Print Name: Robert & Beth Annello Patricia C. Moore TOWN, OF SOUTHOLD PROPERTY 'RECORD CARD LAND IMP. TOTAL DATE REMARKS: .,~/~, . .~ ~.:.~ / , · :'~v>' ~!~,/~- ~ m~ ~~ ~ ~,~.~, 1~ 'Or s 1 /t 5- · '~' . , - ~' ' zI ~ ~t0. I I · - ' ~ ~'~1~ I · FORMER OWNER N~,,~ ~ ~ E RES. ' S~S./ ~ VL FA~ ' CO~. IK~ (~ ~ ~? ~.~ ~IND. CB. ~ x ~' TOTAC'~AT~ ~KS /~et ~ DISTRICT SUB. LOT ACREAGE TYPE OF BUILDING MISC. / ZTZC) o NEW Farm Tilloble '1 Tilleble 2 Tillable 3 Woodland Swampland B rushl~-n.t--" Hou~P~.. NORMAL BELOW ABOVE Acre Value Per Acre i Value I- 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 Sonthold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", 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, ffan 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 Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-58-2-13 (new roof over existing house and new roof over existing porch should be exempt actions) AGENT: Patricia C. Moore Esq., 51020 Main Road, Southoid NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals X_ 1 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: [] Type: Town of Southold LWRP Consistency Assessment Form Nature and extent of action: change design of roof over existing house and new roof over existing waterfront deck Location of action: 1980 Leeton Drive, Southold NY 11971 Site acreage: 6,825 sq.ft. Present land use: existing house and deck Present zoning classification: r-40 2. 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: Robert and Beth Annello (b) Mailing address: 1980 Leeton Drive, Southold NY 11971 (c) Telephone number: ( 631 ) 766-5012 (d) Application number, if any: __ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X 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 ora coastal location, and minimizes adverse effects of development. See LWRP Section lli - Policies; Page 2for evaluation criteria. Yes X No [] Not Applicable [] Discussion (if appropriate): proposed new roof over existing structures. No expansion beyond existing footprint Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): __ Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ill - Policies Pages 6 through 7for evaluation criteria Town of Southold LWRP Consistency Assessment Form 2 Yes X No [] Not Applicable [] Discussion (if appropriate)l Maintaining existing buildings with alterations to roof and new roof over existing porch NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III- Policies Pages 8 through ] 6for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): __ Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III - Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): __ 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 L WRP Section I1! - Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate)-' Policy Z Protect and improve air quality in the Town of Southold. See LWRP Section lll- Policies Pages 32 through 34for evaluation criteria. See Section Ili - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): 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 38for evaluation criteria. Yes [] No E1 Not Applicable X Discussion (if appropriate): Town of Southold LWRP Consistency Assessment Form 3 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 Ill - Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): __ WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section 111 - Policies; Pages 47 through 56for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): __ Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): __ Policy 12. Protect agricultural lands in the Town of Southold See L WRP Section III - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): __ Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III - Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): __ *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 1ST FLOOR I PLAN SECTION A 2ND FLOOR PLAN ~ · (. L l// / / "i ROOF PLAN JAN ~ 2, 2010 SECTION B Scale: 1/4"=1'-0" 1000-58-02-13 DATE: 8-i0-09. ALTERATIONS OF THE ANELLO RESIDENCE i i 1980. LEETON DRIVE -~'~.'-~"~'~))~:~,? SOUTHOLD NY A-1 ,~,;~:o.~.,.~?..4~',~. CHORNO ASSOCIATES ~~ architects. SOUTHOLD, NEW YORK 'H SOUTH ELEVATION EAST ELEVATION F WEST ELEVATION Scale: I/4":I'-0" NORTH ELEVATION DATE: 8-10-09 ALTERATIONS OF THE 980 LEETON DRIVE SOUTHOLD NY A-2 CHORNO ASSOCIATES architects. SOUTHOLD, NEW YORKI~