HomeMy WebLinkAbout1000-70.-6-15 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 PROGP.~A~
TOWN OF SOUTHOLD
MEMORANDUM
To:
From:
Leslie Weisman, Chair
Members of the Zoning Board of Appeals
Mark Terry, Principal Planner ~
LWRP Coordinator
Date October 13, 2010
Re:
Coastal Consistency Review for ZBA File Reft MARK and SHARON MELNICK #6426
SCTM# 1000-70-6-15
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 determination that the proposed second
story addition is EXEMPT from LWRP review pursuant to:
§ 268-3. Definitions. MINOR ACTIONS item "FI" which states:
F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated
natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA;
The action it located greater than 100' from a regulated natural feature (tidal wetland).
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 SOUTItOLD
Tel. (631) 765-1809 Fax (631) 765-9064
September 24, 2010
Mark Terry, Principal Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
2010
Re: ZBA File Ref. No. # 6426 Mark & Sharon Melnick 1000-70.-6-15
Dear Mark:
We have received an application fifr proposed construction of an accessory garage. A
copy of the Building Inspector~ N. oti. ce of Disapproval under Chapter 280 (Zoning
Code), and survey map, projec~escript'ion form, are attached for your reference.
/
Your written evaluation wiIfi recommendations for this proposal, as required under the
Code procedures of LWRl~Section 268-5D is requested within 30 days of receipt of this
letter.
Thank you.
Very truly yours,
Leslie ~. ~ ~/~
Encls.
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: September 23, 2010
TO: Michael J. Sirico
For: Mark & Sharon Melnick
275 Baldwin Place
Cutchogue, NY 11935
Please take notice that your application dated September 9, 2010:
For permit for proposed accessory garage at:
Location of property: 405 Private Rd. #3 Southold, NY
County Tax Map No. 1000 - Section 70 Block 6 Lot 15
Is returned herewith and disapproved on the following ground
The location of the proposed accessory garage is not permitted
280-15, accessory buildings and structures; "on waterfront
located in the front yard, provided that such buildin
Furthermore, on lots measurin
feet for accessory structures 22 feet in height.
Survey shows the proposed accessor
required, the ~q~g'~rd is proposed at 3
yard.
!
II1, Section
e fi'ont yard principal setback".
and rear yard setbacks shall be 20
21' +/- front yard set back where 35' is
feet is required and it is proposed in the side
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
$OIFFHOLD
NOTICE ~ COUNTY OF SUFFOLK ~ ~w S~TH~D
~,~.~,-*,~ ~, ~ ~ Red ~erty lox ~vice
,m~ ~ ~?~ 10~
SECTION NO
070
PROPERTY
Fee: $ Filed By: Assignment No.
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
HouseNo. qD~ Street ~)*~,}tx.3~ ~J_ ~k, ~ Hamlet
SCTM 1000 Section"'[O Block {~ Lot(s) ~ ~ Lot Size'l~
I (WE)APPF/AL, THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATEDOCl/~ ~ BASED ON SURVEY/SITE PLAN DATED 0~,/;)'-t1{O .
Applicant(s)/Owner(s):
Mailing Address: ~-t 0 ~"
Telephone: ~" ~-1 ~ - ~*'lF°?x:
Email:
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: '~x(~o-~'~ ~ .~'~ 0'~ for ~ Owner ( )Other:
Telephone: ~ ~'-~ax: 6 a~ Email:
Please check to specify who you wish correspondence to be mailed to, from the above names:
( ) Applicant/Owner(s), 1~ Anthorized Representative, ( ) Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN ~
DATED O~?~'4 / ~0 and DENIED AN APPLICATION DATED $q{2~ ~ ~ 0FOR:
I )~BcUilding Permit
erfificate 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 lhe code.)
Article: ~ Section: ~l_bO "~'- Subsection:
Type of Appeal. An Appeal is made for:
~)A Variance to the Zoning Code or Zoning Map.
A Variance due to lack of access required by New York Town Law- Section 280-A.
( ) Interpretation of the Town Code, Article Section
( ) Reversal or Other
A prior appeal (>il, has, ( ) has not been made at any time with respect to this property,
UNDER Appeal No(s). ~5-O Year(s). ~1.00~-~ _. (Please be sttre ~o
research before co.npleting thi&~t-~or call o,.-ojJicefi, r ~
Name of Owner: ~cx0~. ffgX ~ 0~(~ ZBA File #
REASONS FOR APPEAL (additional sheets mttv be used with preparer's signature}:
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced in the CtlARACTER of the neighborhood or a
detriment to nearby properties if granted, because: , \
(2) The benefit songhl by the appliea~l C~NOT be achieved b~ some melhod feasible for the
applicant to pursue, o~er than an area valance, because: ~ o % % ~l ~ ~ ~ & ~ ~ ~ ~ ~
(3) Theamountofreliefrequestedisnotsubstanfialbecause: o4' ~bx~f~ L.a-~ a.~x& 4rb~.~
(4) The valance w~ NOT have an adverse effect or impact on the physical or environmental conditions
in ~e neighborhood or district because: ~ ~ ~ ~4 ~ ~< ~ ~a~e
(5) Has the alleged difficulW been self-created? ( )Yes, or ~No.
Are there Covenants and Restricfions concerning this land: ~ No. U YeS (please furnish copF~.
This is the MINIMUM that is necessary and adequate, and at lhe same time preserve and protect the
character of the neighborhood and the health, safety, and welfare of the communi~.
Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE
ATTACHED USE VARIANCE SHEET: (Please be sur~nsqlxt your atto~ltey.)
Signature of Apl~.St~nt or Authorized Agent
(Agent must submit wrilten Authorization from Owner)
Sworn to before me this
day of ,20.__
Notary Public
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: ~ 6.x~ ~1~ 4~ Itl [C.~ Date Prepared:
I. For Demolition of Existing Bnflding Areas
Please describe areas being removed:
Il. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: L~ po,o~ & ~- ~o ~ i~ ~,x ~, ~
Dimensions of new second floor: ~, Il, x~ ~, ~
Dimensions of floor above second level: vx ~w ~.
Height (from finished 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 to first floor:
IlL Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations:~ x~rr¥cc~ttk~ ~.~o.~'~ ~_~
Number of Floors and Changeg WITH Alterations:
tV. Calculations of building areas and itt coverage (from surveyor):
Existing square footage of buildings on your property: I X~
Proposed increase of building coverage:
Square footage of your lot: }q~ ¢;3
Percentage of coverage of your lot by building area: ~- o
V. Purpose of New Construction:
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 ZBA APPLICATION
Is the subject premises listed on the real estate market for sale?
__Yes ~ No
Are there any proposals to change or alter land contours?
x]~ No Yes, please explain on attached sheet.
1 .) Are there areas that contain sand or wetland grasses? -x/~..
2.) Are those areas shown on the survey submitted with this application? x! · '~
3.) Is the property bulk headed between the wetlands area and the upland building
area? 'M .~ ~
4.) If your property contains wetlands or pond areas, have you contacted the Office of
the Town trustees for its determination of jurisdiction? ~N e-~ Please confirm status
ofyour inquiry or applieation with the Trustees: ~*- 4~0.~ ~0o ~ ~ro,~ ~ ~,b
and if issued, please attach copies of permit with conditions and approved survey.
D. Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level? ~ 0
E~
Are there any patios, concrete barriers, bulkheads or fences that exist that are not
shown on the survey that you are submitting? ~ 9 Please show area of the
structures on a diagram if any exist. Or State none on the above line.
Do,you have any construction taking place at this time concerning your
premises? ~ If yes, please submit a copy of your building permit and survey as
approved by the Building Department and please describe:
Please attach all pre-certificates of occupancy and certificates of occupancy for the
subject premises. If any are lacking, please apply to the Building Department to either
obtain them or to obtain an Amended Notice of Disapproval.
Do you or any co-owner also own other land adjoining or close to this parcel? '~ 0
If yes, please label the proximity of your lands on your survey.
Please list present use or operations conducted at this parcel ~c>~'.~.,
and the proposed use
· (ex: existing single family, proposed: same with
garage, pool or other)
Date
. PROJECT ID NUMBER
PART 1 - PROJECT INFORMATION
617.20
APPENDIX C
STATE ENVIRONMENTAL QUALITY REVIEW
SHORT ENVIRONMENTAL ASSESSMENT FORM
for UNLISTED ACTIONS Only
( To be cornp~lecl by Appticanl m' Project Sponso¢)
SEOR
1. APPLICANT I SPONSOR
3,PROJECT LOCATION:
5. IS PROPOSED ACTION: [] New
2, PROJECT NAME
6. DESCRIBE PROJECT BRIEFLY:
7. AMOUNff OF LAND AFFECTED:
o.
I9,~WHAT IS PRESENT LAND USE iN VICINITY OF PROJECT? (Choose as many as apply.)
10. DOES ACTION I~OLVE A ~RMIT ~ROVAL, OR FUNDI~. NOW 0R ULTI~y FROM ANY OTHER ~R~ENTAL
AGEN~ F~em, State Or L~I)
~Yes ~ If yes, list agency ~ a~ pe~R I appro~l:
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
r-]Yes [~No II yes. list agency name add permit / approval:
12. AS A RESULT OF PROPOSED ACTION WiLL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION?
I CERTIFY THAT THE iNFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicantsignature I SponSOrv~ ~-~(~Name ~ ~ Date: OC'~i
If the action is a Costal Area, and you are a state agency,
complete the Coastal Assessment Form before proceeding with this assessment
PART 1! - IMPACT ASSESSMENT ~To be completed I~ Lead
A. DOES ACTION EXCEED AN'~ TYPE I THRESHOLD IN 6 NYCRR. PART 617.47 If yes. com'dtnale the review prccess and use the FULL EAF.
J---J Yes J~JNo
S. WILL ACTION RECEIV~ COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If NO, a negative
de~arailon may be superseded by another involved agency.
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: ~rs may be handwritten, illegible) C1. Ex~ .air qual .i~, s?fa.ce or gro~_ ndwaler qual~y or quantity, n.~_a levels, exisUng tralgc paIfem, ~id waste i~roducrion or disposal,
C4. A communtly s axis/log ptsn~ or goals as olflcleBy adD, ted, or a change f~ uss 'o~ lat'ensy¢/~ ijS~, el lend m. bther hal~rat iesourc, es? Explaio b~elt,
C?. Other impacts (tncludin~ chants in use of e.,her q~'~o.: i~ ;~ -]~Piain beale'i:: .'
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL
E. IS TH ERE, OR IS THERE LIKELY TO BEI CO~ROVERSy RELATED TO POT ENTIAJ.
i
PART III - DETERMINATION OF SIGNIFICANCE (To be ~ompleted by Agency)
INSTRUCTIONS: F~reach~dVersee~ec*ic~enti~edab~e~detarmicewh~thorit~ssubst~nt~a~arge.~m~ntmof~iaes~gn~n~` Each
effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration: (d) irreversibility: (e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explaualions contain
sufficient de, ail to show that all r elevanl adverse impacta have been identified a ad adequately addressed. It' question d of part ii was checked
yes, the de,er mination of signIficance must evaluate the pofential impact oftbe ~oposed action on the environmenlal characteristics of the CEA.
Check ttss box d you have Identified one m- more potentially large c¢ slgnir~ant edverse impacts Whtch MAY occur Than proceed directly Io the FULL
EAF end/or prepare a positive declaration.
Check t~is box If you have determined, based on the information and analysis atmve and any supporting docurneofal~on, Ihal the proposed actJor
Name o~ Lead Agency
Date
Title of Responsible Officer
Print ix Type Name of Responsible Officer in Lead Agency
Signature of Responsible Officer in Lead Agency Signature of Preparer (l[dlfferent Item responsibts oT~cer)
Sep 22 2010 2:lSPM Mark H. Melnick DOS PC (S31}3S1-6689 p.1
Sep 22 2010 2: 18PM
Melntck DDS PC
p.2
TRA~S~O~*t ~0~8cL,os~m~ FO~M
oESC1UY~ON OF RELATIONSPaF
APPLICANT/AGENT/REPRESENTATIVE
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emplo¥ces. 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.
YOURNAME: ~"~,t.~l~}~'*-~'~ ~- "'~
(Last na~, fir~ n~e, middle initial, ~l~s you are applying in ~e n~e of
~meone el~ or o~er enfi~, such as a ~mp~y. If so, indimte ~e ~er
p~on's or mmp~y's name.) ~
NAME OF APPLICATION: (Check all that apply.)
Tax grievance Building
Variance ,,~ Trustee
Change of Zone Coastal Erosion
Approval &plat Mooring
Exemption from plat or official map Planning
Other
(1 f "Other", name the activity.)
Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee
t>f 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 _ '~
lfyou answered "YES". complete the balance of thig form and date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check
the appropriate line A) through D) and/or describe in the space provided.
The town officer or employee or his or her spouse, sibling, parent, or child is (check alt 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 oftbe applicant; or
__D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Form TS 1
Submitted thisa~l~y~f~..
Signature
Print Name
20~ b
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 am 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
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. 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 Department, all
local libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
The Application has been submitted to (check appropriate response):
TownBoard [] Planning Dept. [] BUilding Dept. [~ BoardofTrustees []
Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
(b) Financial assistance (e.g. grant, loan, subsidy)
(c) Permit, approval, license, certification:
Nature and extent of action:
Site acreage: . ,~ ~
~esent l~d u~: ~ ~
~e~nt zoning classification:
If ~ application for ~e pro~sed action has been filed with the To~ of Southold agency, ~e following
info~ation shall be provided:
(a) Name of applicant:
(b) Mailing address:
(c) Telephone number: Area Code (f~k - ~-'ll'- ~'"}~0_~
(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.
ii,ri Yes ~ No ~] (Not Applicable - please explain)
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section Ill - Policies Pages 3 through 6 for evaluation criteria
[] Yes ~ No [] (Not Applicable- please explain)
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 - please explain)
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- please explain)
AUach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section Ill
-Policies Pages 16 through 21 for evaluation criteria
[~ Yes ~-~ No ~ {Not Applicable - please explain)
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III- Policies; Pages 22
through 32 for evaluation criteria.
Yes ~-! No [] (Not Applicable- please explain)
Attach additional sheets if necessaw
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies
Pages 32 through 34 for evaluation criteria. See Section I11 - Policies Pages; 34 through 38 for evaluation
criteria.
[] Yes ~ No ~ (Not Applicable- please explain)
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria.
~ Yes ~ No ~ (Not Applicable- please explain>
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
[] Yes~ No[] (Not Applicable- please explain)
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 LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria.
[] Yes [] No [] (Not Applicable- please explain)
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic
Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
[] Yes [--] No ~ Not Applicable- please explain
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages
62 through 65 for evaluation criteria.
~ Yes [~ No [] Not Applicable- please explain
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III- Policies; Pages 65 through 68 for evaluation criteria.
[] Yes [] No [~ Not Applicable- please explain
OF SOUTHOLD pROPERTY RECORD CARD
OWNER
STREET
VILLAGE DISTRICT SUB.
TYPE OF BUILDING
LOT
~ES. %
LAND
VL.
FARM COMM. I IND. I CB. ! MISC.
IMP. TOTAL DATE REMARKS
dO
Value ~ o/-Z,l
rillo.ble l
Tillable 2 -/'
Tillable 3
Waodland
Swampland
3rushland
House Plot
Total
Foundation
Basement
Ext. Walls
Fire Place
~'¢' ~ Porch
Porch
Patio
Driveway
Bath
Floors
Interior Finish
/
Heat '~,~'/~z -~."
Attic
Rooms 1st Floor
Rooms 2nd F oar
APPEALS BOARD MEMBERSC
James Dinizio, Jr., Chairman
Gerard P. Goehringer
Ruth D. Oliva
Michael A. Simon
Leslie Kanes Weisman
Mailino Address:
Southold Town Hall
53095 Main Road · P.O. Box I 179
Southold, NY 11971-0959
_~ce Location:
Town Annex/First Floor, Noah Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldlown.north fork .net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
FINDINGS, DELIBERATIONS AND DETERMINATION SOUt.5o[d 3'OWn Clerk
MEETING OF JULY 12, 2007
ZB File No. 6050 - MARK MELNICK
Property Location: 405 Private Road #3 a/Ida Pine Creek Rd. Southold CTM 70-6-15
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.
PROPERTY FACTS/DESCRIPTION: The' applicant's 14,830 square foot lot has 211 ft.
frontage along a right-of-way on the west property line and has a depth of 75 feet. The
property is improved with new construction (which substantially replaced the recent
single-family dwelling, in kind, in place, shown on 01-04-2005 survey prepared by John
C. Ehlers).
BASIS OF APPLICATION: Building Inspector's August 25, 2006 determination,
amended September 28, 2006, which states that the 'as built alteration to dwelling
includes demolition and reconstruction of the existing foundation deviated from ZBA
decision #5977." ZBA #5955 granted applicant's prior request concerning setbacks
related to the proposed increase of calling height from 18' to 32' and change from the
existing height of 1.5 stodes to two stories under Zoning Code Sections 280-116 and
280-124;
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as
required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the
Suffolk County Department of Planning reply dated June 11, 2007 states that the
application is considered a matter for local determination as there appears to be no
significant county-wide or inter-community impact.
TOWN CODE CHAPTER 268 LWRP (EXEMPT): This application is exempt under
Chapter 268 because this variance application pertains to the same yard setback of
portions of the existing dwelling involving reconstruction.
AMENDED RELIEF REQUESTED: Owner-applicant requests a reversal of the Building
Inspector's determination as stated above, or a variance amendment for a reconstruction
in place and in kind of an 18' x 32' podion of a single family dwelling, with a non-
Page 2-July 12, 2007 ~
ZBA Decision #6050-M. M¢lnick
CFM 70-6-15
conforming 6 ft. front yard setback along the westerly right-of-way, and a nonconforming
rear yard setback of +/-34 feet from the existing bulkhead.
BACKGROUND: The owner-applicant obtained relief from the ZBA on December 14,
2006 (decision #5977) based on the applicant's request for additions and alterations to
an existing 1½ story dwelling. The 2006 ZBA decision noted that new construction
would raise the height over a 18' x 32' portion from 18' to 32', creating a full ceiling two
story dwelling, with no changes to the existing non-conforming 6' front yard setback
along the westerly right of way, and the existing non-conforming rear yard setback of +/-
34' from the bulkhead. The Building Department issued a building permit based on
these requests. Later, when construction commenced at the site, it was discovered that
the existing foundation had many cracks and no footings, and therefore needed
structural repairs that were unknown at the time of original application to the Building
Department or the ZBA. The applicant replaced sections of the foundation on the
seaward side of the existing dwelling and removed the first floor on the section of the
house where the full two story extension was to have been built. No amended plans
were submitted to the Building Department and no request for an amended variance was
applied for. On May 10, 2007 a Stop Work Order was issued by the Building
Department with a request for as-built plans. On May 14, 2007 amended plans were
submitted by the applicant, and on May 18, 2007 a Notice of Disapproval was issued by
the Building Department for the as-built alterations to the_single-family house on the
grounds that the demolition and reconstruction of the foundation deviated from ZBA
Decision #5977.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials
submitted and personal inspections, the Board makes the following findings:
1. Granting an amended vadance will not produce an undesirable change in the
character of the neighborhood or a detriment to nearby properties because the
reconstruction is in place and in kind with no reduction of the existing nonconforming
westerly and northerly setbacks, as granted by the ZBA in decision #5977.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for
the applicant to pursue, other than an amended variance because the applicant want
beyond the scope of ZBA decision #5977, which explicitly states: "Any deviation from
the variance given such as ex'tensions, or demolitions which are not shown on the
applicant's diagrams or survey site maps, are not authorized under the application when
involving non-conformities under the zoning code."
3. The variance granted herein is not substantial. The reconstructed foundation and first
floor will not reduce the setbacks of the original dwelling approved by ZBA decision
#5977.
4. The alleged difficulty has been serf-created because the applicant was required to
apply for an amended variance because the demolition and reconstruction of the
foundation deviated from ZBA decision #5977.
5, No evidence has been submitted to suggest that the proposed additions will have an
adverse impact on physical or environmental conditions in the neighborhood.
Page 3 - July 12, 2007 ~
ZBA Dc~ision ~6050- M. Melnick
CTM 70~-15
6. Grant of the requested variance is the minimum action necessa;y and adequate to
enable the applicant to enjoy the benefit of a reconstruction in place and in kind of
portions of an existing dwelling, while preserving and protecting the character of the
neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the
balancing test under New York Town Law 267-B, motion was offered by Member
Weisman, seconded by Member Oliva, and duly carried to
GRANT the amended vadance as applied for, as shown on the 1/6/07 plan A-0,
3/26107 plan E-l, and 1/6/07 Plan A-5, prepared by Ira Haspel, R.A., and
setbacks confirmed on the 01/04/2005 survey map with proposed actions noted
9-29-2006 by John C. Ehlers.
Any deviation from the vadance given such as extensions, or demolitions which are not
shown on the applicant's diagrams or survey site maps, are not authorized under this
application when involving nonconformities under the zoning code. This action does not
authorize or condone any current or future use, setback or other feature of the subject
property that may violate the Zoning Code, other than such uses, setbacks and other
features as are expressly addressed in this action.
The Board reserves the dght to substitute a similar design that is de minimis in nature for
an alteration that does not increase the degree of nonconformity.
Vote of the Board: Ayes: Members Dinizio (Cha, j~n), Oliva, Goehdnger, Simon and
Weisman. This Resolution was duly adp~ted (5-O;L ~ . .
~J~mes Dinizio, Jrt, 'G~airmq~ ' 7113/2007
Approved for Filin~/
JUL 1 6 2007
APPEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.norrhfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF DECEMBER 14, 2006
Mailing Address:
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
RECEIVED
JAN 5 ~
$oa! row. Cler~
ZB File No. 5977 - MARK and SHARON MELNICK
Property Location: 405 Private Road #3, Southold
CTM Parcel 70-6-15
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 I1 category of the State's List of Actions,
without furlher steps under SEQRA.
PROPERTY FACTS/DESCRIPTION: The applicant's 14,830 square foot lot has 211 fl. frontage along a right-
of-way on the west property line and has a depth of 75 feet. The property is improved with a 1% story, single-
family dwelling as shown on 01-04-2005 survey prepared by John C. Ehlers.
BASIS OF APPLICATION: Request for Variances under Sections 280-124 and 280-116 (100-239.4B, based
on the Building Inspector's August 25, 2006 Notice of Disapproval, amended September 28, 2006 Notice of
Disapproval, and last amended November 9, 2006, concerning applicants' request for a building permit to build
an addition and alterations to the existing single-family dwelling. The reasons stated in the Notice of
Disapproval are that the new construction is not permitted because the code requires a minimum front yard
setback of 35 feel, a minimum rear yard setback of 35 feet, and minimum 75 ff. setback from the bulkhead,
and the new construction is proposed at less than these code requirements.
SUFFOLK COUNTY ADMINISTRATIVE CODF; This application has been referred as required under the
Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk Counly Department of Planning
reply dated November 24, 2006 stales that the application is considered a matter for local determination as
there appears to be no significant county-wide or inter-community impact.
TOWN CODE CHAPTER 268 {95) LWRP DETERMINATION: This application has been referred for a
determination as required under Town Code Chapter 268 (formerly numbered 95), Waterfront Consislency
Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. The
applicants are requesting an increase of the coiling height of 18' by 32' of the existing dwelling, modifying the
1½ story height of the dwelling to a second-story heighl. This variance relief is within the nonconforming front
yard area less than 35 feet from the westerly right-of-way. (The remaining addition(s) shown on the
applicant's survey and diagrams were reviewed and noted in lhe November 9, 2006 Building Inspector's
Notice of Disapproval as not requiring a variance, and that only the front yard setback for the northerly second-
story addition is disapproved. Grant of the variance for alterations and raising of the roof line is a type of in-
place addition with alteration that does not affect setbacks since it is construction work does over the existing
first floor of the dwelling, and il is not possible to eliminate the existing nonconforming front yard when the
existing first floor of the dwelling will remain.
Page 2 - December 14, 2006
ZB File No. 5977 - Mark Melnick
CTM No. 70-6-15
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on November 30, 2006, at which time
written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of
the property, and other evidence, the Zoning Board finds the following facts to be true and relevant:
AREA VARIANCE RELIEF REQUESTED: The applicants wish to raise the height over the existing 18' by 32'
area of the existing l~-story dwelling for full ceiling height required for additional living floor space. This
second-story area of construction is located at 6 feet from the front yard line along the westedy right-of-way
and +/-34 feet to the existing bulkhead (setback noted by surveyor to the high water mark is 39 feet, 25 feet
plus 14 feet for the existing deck), as shown on the survey prepared 9-29-2006 by John C. Ehlers and shown
on the diagram A-l, A-2, and A-3 prepared 7-6-06 by Ira Haspel Architect, P.C.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitled and personal
inspections, the Board makes the following findings:
1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a
delriment to nearby properties. The applicant wishes to alter their home for the purpose of increasing ceiling
height over an 18' by 32~ section of the dwelling. The new construction will not reduce the existing
nonconforming front yard from the westerly right-of-way since it will remain the same that has existed.
2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to
pursue, other than an area variance. The applicants chose to utilize the existing dwelling first floor area, and il
is not possible to Utilize the dWelling for the ceiling height because of the size and conformity of the properly.
3. The variance granted herein is not substantial. The alterations will not-reduce the setbacks of the existing
dwelling.
4. The difficulty was created when the new construction was proposed in a nonconforming building area.
5. No evidence has been submitted to suggest that a variance in th~s residential community will have an
adverse impact on the physical or environmental conditions in the neighborhood.
6. Grant ef the requested relief is the minimum action necessary and adequate to enable the applicants to
enjoy the benefit of a second-story addition, while preserving and protecting the character of the neighborhood
and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Simon, and duly
carried, to
GRANT the variance as applied for, as shown on the survey prepared 9-29-2006 by John C. Ehlers
and shown on the diagram A-l, A-2, and A-3 prepared 7-6-06 by Ira Haspel Architect, P.C.
Any deviation from the vadance given such as extensions, or dernol~ons which are not shown on the applicant's diagrams
or survey site maps, are not authorized under this application when involving nonconfom~ities 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 Ihan such uses, setbacks and other features as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteralior~ that does not
"l~age 3 - December 14, 2006
ZB File No, 5977 - Mark Meinick
CTM No. 70-6-15
increase the degree of nonconformity.
Vote of the Board: Ayes: Members Oliva (Chairwoman), Dinizio, Simon and Weisman. Nay: Member
Goehringer. This Resolution was duly ado~"1~4-1).
Ruth D. Oliva 12/29/06'"
Approved for Filing
SURVE"r' OF PROPI=RT'f
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PROPOSED A(.,TIONS SHOI, NN
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