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Home My WebLink About1000-90.-1-2 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 $OUTHOLD MEMORANDUM To: Leslie Weisman, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: October 20, 2010 Re: ZBA file Ref. No. 6422 (Benali LLC) SCTM 1000-90-1-2 Request for Variances from Article XXIll Code Section 280-124 based on an application for building Permit and the Building Inspector's August 27, 2010, Notice of Disapproval concerning proposed construction of a single family dwelling at less than the code required front yard setback of 35 feet, at: 1275 Cedar Point Dr., West (adj. to West Lake) Southold, NY. SCTM#1000-90-1-2. Note that the wetland delineation line shown on the survey titled; Survey of Lot 134 "Map of Cedar Beach Park" Filed Dec 20, 1927 as Map 40 submitted to the Board is substantially different from the wetland delineation line shown on a survey submitted to the Board of Trustees for the Kram application on the same parcel. The later line was used to issue permits for a dock structure by the Board of Trustees (6325) and the New York State Department of Environmental Conservation (1-473-02841/0000). It is recommended that the application be amended to reflect the wetland line previously recognized by the issuing entities. The sunreys are attached for your perusal. Once an amended survey is received, a Local Waterfront Revitalization Program Coastal Consistency Review can be conducted for the proposed action. Enc. Cc: Jennifer Andaloro, Assistant Town Attorney 5UI., ..:'r' OF LOT 1:~4 "HAP OF CEDAR BEACH PARK," FILED DEC,. 20, Iq2-/ AS HAP # qO 51TUATE: BAYVIEP, I TOINN, 50UTHOLD SU~OL.K COUNTY, N'r' ~ (~ ~ ~ ¥ 50RVIFfEO, 02-26-20C~1 o~)-2o~o HEP - 8 ~ LOT~ I0~- qO- I - 2 Southold Town I=~D RETAININ~ HALL TH EL'8.8' 5% SLOPE MAX. GRADE EL=lO' I 4, I EL.-- 'Co,, I , x// N P~OPOCo~O g~-PTIG C,R~ 9~GTION SANITARY NOTES: 1. SEPTIC TANK SHALL BE MONOLITHIC ANO FABRTCATED FROM 10' DIA. X 4' SOLID RING HITH 36" LIOUIO DEPTH 2. 4 CESSPOOLS 8' DIA. 3' DEEP, MIN. l' MAX 2' COVER 3. RETAINING HALL SHALL BE ~tATERPROOFED ON SANITARY SIDE 0 PIPE POUNP A¢~o = -/,1~5 5.F. OP. O.164.q Acre~ PROPERTY FEHA FLOOD ZONE5 A5 5J-.IOl,~ ON HAP # ~610~-.,016-1 H ELEVATION5 REFERENCE NAVD 1~8,8, DATUM PLA05 .~:~r-IOINN ~ X EGgAL LANDI"IAI~ EDOE OF TIDAL INETI_AND~ ~ OELINEATED Dr' SUFFOLK ENVIRONMENTAL Cx2NSULTIN~, In& ON NOV'EHEE-~ 6, ORAPHIC ~..,AL.E I"= 20' III AREA OF: PROPER'Pr TO EOC.-E OF I",IETLANB5 6,..5¢O 5.F. ~ AREA 660 5.F. PERCENT OF LOT C, OVERACASE I~.1~ JOHN C. 6 EAST MAIN STREET %% SURVEYOR N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-C:kDocuments and Settings\OwnefiMyX'D~m~en~ts~kMy,~op..__~X\0~8\08~08~ !74~pro~ \ ! ! ! ! / SEA LEVEL MAPPING LIMIT OF C ': Bruce Anderson, M.S., President Via Regular Mail Suffolk Environmental Consulting, Inc. Newman Village, Suite E, 2322 Main Street, P.O. Box 2003, Bridgehampton, New York 11932 2003 (631) 537-5160 Fax: (631) 537-5291 RECEIVED OCT 27Z010 BOARD OF APP(~gr 21 ,~2010 Southold Town Zoning Board of Appeals Town of Southold 53095 Main Road P. O. Box 11 79 Southold, NY 11971 Re: Bona#, LLC Property Situate: 1275 Cedar Point D~'e West; Bayview Town of Southold, NY SCTM #: ~000-90-1-2 Dear Members of the Board, As you know, a quesiion os to the accuracy of the wetland boundary was raised during the public hearing of October 21,2010 concerning the application referenced above. The purpose of this correspondence is to address that question and to shed further light on this application. Our application relies upon a survey prepared by John Ehlers last revised March 1, 2010. The March 1~ survey of Ehlers depicts a wetland boundary delineated by Suffolk Environmental Consulting, Inc. on November 6, 2009 and located in the field by a licensed surveyor on ~ 1~,21110. Acopyof the March 1, 2010 survey is attached hereto at Exhibit A. A wetland permit was filed with New York State Department of Environmental Conservation (NYSDEC] on April 8, 2010. Correspondence from NYSDEC misdated September 30, 2009 (it should have read 2010) was received in response to that application which correspondence determined that the wetland boundary was located at the 2-feat contour line. A copy of the NYSDEC correspondence is attached hereto at Exhibit B. OCT 2 8 2010 The survey was subsequently revised by John Ehlers on October 22, · ,~, 2010 to show the wetland baundary as per NYSDEC. A copy of that survey is attached hereto at Exhibit C. ~'O,~_ A comparison belween the wetland boundary depicted on the '~/¢4) ,., March 1, 2010 survey and on the October 22, 2010 survey reveal that the wetland boundary as delineated by this office is nearly identical to the wetland boundary delineated by NYSDEC and, in any event, I accept the wetland boundary determined by NYSDEC. Accordingly, there is no ncod for the Town to retain an environmental consultant to evaluate the wetland boundary and I request that your efforts to do so be abandoned. In related matters, please be advised that the October 22, 2010 survey also depicts a line of hay bales and silt fence, a limit of clearing, grading and ground disturbance, a relocated dry well [relocated landward to the maximum extent possible] and a landing and stairs creating a second form of ingress and egress to the dwelling so as to oomply with the applicable building codes. Based upon these revisions, I request that the LWRP process be completed finding this application to be consistent the applicable coastal policies as has been the case in other similar applications in the immediate neighborhood. I enclosed 10 original survey prints of the October 22, 2010 survey by John C. Ehlers all bearing original stamp and signature. This survey shall replace the previous survey on tile for purposes of evaluating our variance request. Anderson Cc. J. Dougherly, Southold Town Trustees Benali, LLC D. Rosenberg, Esq. SURVEY OF LOT ID4 "MAP OF: CEDAR BLEACH PARK" FILED OEO. 20, Iq2-/ AS HAP ~ tlC SITUATE.. BA'KVIEH TOP¢N, 50UTHOLD 5t)PFOLX OOUNTY, NY ~ORMEYED: 02-25-200q REVISED: 0-1-21-200q, 12-15-200q 0~3-01-2010 5UFF:OLt< OOUNT¥ TAX LOT # I000- cto- I - 2 BEIqALI LLC Pi~OPOSED RETAININD kqALL F:~.OPO¢'~ED .~EPTIC CRO~ SECTION SANITARY NOTES: 1. SEPTIC TANK SHALL BE HONOLITHIC AND FABRICATED FROM 10' DIA. X 4' SOLID RING WITH 36" LIQUID DEPTH 2. '4 CESSPOOLS 8' DIA. 3' DEEP, WIN. I HAX 2' COVER 3. RETAINING WALL SHALL BE WATERPROOFED ON SANITARY SIDE NOTES: 0 PIPE FOUND Ar¢c~ = -/,15.5 S.F:. OR 0.164q Acr¢5 PROPEP,'F'r' F:Eb'IA F:LOOD ZONED At5 SHOI, qN ON blAP # D(21ODOOIC-~ H ELEVATION5 [2.EF:EPdENCIE NAVE) Iq,D,~ OATdf-4 FLA~ .~:4-1OI. NN THt,~ ~ E(;~tJAL LANDI,'IAF~[D EDDIE OF: TIDAL P, IETLANDS A~D ~ELINEATED DY tTCJFF:OLI( ENVIt~ONh4ENTAL CONSULTIND, In(... ON NOVEPIB, EP. ~, 2ooq GRAPHIC SCALE I"= 20' /v EXHIBIT - / AREA OF PP, OPERT¥ TO EODE OF k,EETLANI5~ 6,D,DO S.F. H(;IJ~E AI*4EA 5(20 5.F. PEF)-CENT OF LOT CXDVEF2.A®E 1:D.196 \ \ %% EAST MAIN S~[REE7 %~ N Y.S. LK', NO 50202 RIVERHEAD. N.Y. 1190l ~ 369-828~8, Fax 369~-..8287 New York State Department of Environmental Conservation Division of Environmental Permits, Region 1 SUNY @ Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631) 444-0365 · Fax: (631) 444-0360 Website: www.dec.n¥.qov EXHIBIT B Alexander B. Grannis Commissioner REQUST FOR MODIFICATION TO PROPOSAL September 30, 2009 Matt D. Ivans Suffolk Environmental Consulting P.O. Box 2003 Bridgehampton, NY 11932 Re: Benali, LLC Property 1275 Cedar Point Drive West Southold, NY 11971 1-4738-02841/00003 RECEIVED , ~.'7' OCT ?20fO BOARD OF APPEALS Dear Mr. Ivans: The Department of Environmental Conservation (DEC) has carefully reviewed the above application, and we have the following comments, Your proposed project requires significant setback variances from our Development Restrictions. Part 661.6 (a)(1) of the Tidal Wetland Regulations states that the minimum setback of all principal buildings and all other structures that are in excess of 100 square feet must be 75 feet landward from the most landward edge of any tidal wetland. In addition, Part 661.6 (a)(2) of the Tidal Wetland Regulations states that all components of any on-site sewage disposal system must be located a minimum of 100' from the tidal wetlands boundary. The dwelling is proposed to be located within 25' of the tidal wetlands boundary, and the sanitary system is proposed to be located just 30' from the wetland boundary. The mitigation offered, a roof runoff drywell which does not meet the setback requirements, is insufficient mitigation for the several variances requested at this already non- conforming site. Thus, the following project modification and additional information is requested: Our technical staff have determined that the tidal wetlands boundary at this site is currently located along the 2' elevation contour. Please revise the boundary shown on the survey accordingly. You must submit an historical title search for this property and for the adjacent properties to demonstrate that this lot has been in single and separate ownership since August 20, 1977. · The limit of clearing, grading, and ground disturbance must be shown on the survey. Any proposed entrances or exits from the dwelling (such as stoops, walkways, etc.) must be shown on the survey. 4Yeorsot stewardship 1970-2OIO · The proposed dwelling must be located as far landward as possible on this lot. If a variance is required from local setback regulations, such must be requested. The proposed drywell must be located as far from the tidal wetland boundary as possible. A non-disturbance buffer area must be created along the tidal wetlands boundary. The width of the buffer area must be maximized to the greatest extent practical. Please send four copies of the revised survey and additional requested information to my attention at the above address. When this info~'mation is received, processing of your application will continue. Sincerely, /'//Sherri Aicher Environmental Analyst CC; Benali, LLC RECEZVED bd'~''~r- OCT 2 ? BOARD OF APPE?,LS ..SURVEY OF LOT ID4 "HAP OF CEPAR BEACH PARK:" FILED DEC. 20, Iq2'7 A5 HAP # qO 51TUAT~ BATVIF_h TOIAIN.· ~::2t)THOLD SUFFOLK C, OUNI~, NY 5ORVEYED, 02-2¢-200~ Rb-VISED, O"f-21-200q, 12-15-200q 0~-01-2010, 10-22-2010 ~FFOLK C.~PUNI'~ TAX LOT# IOOO- qO- I - 2 BI~IKL[ LLC PROP6r-JEI} .,5~-PTI(., (_.,~ 5EOTION SANITARY NOTES ~. SEPTIC TANK SHALL BE MONOLITHIC AND FABRICATED FRON lO' DIA. X 4' SOLID RING WITH 36' LIQUID BEPTH 2 4 CESSPOOLS B' DIA 3' DEEP. MIN. 1 MAX 2' COVER 3, RETAININ6 NALL SHALL BE NATERPROOFED ON SANITARY SIDE 0 PIPE FOUND AcCa = -f,1¢5 5.F. O1~ O.Ib4q Ac.r~s PROPER'iT FEHA FLOOD ZONE5 AS ?~OIAiN ON HAP # ~610~_x:21b-/ H ', ARJEA OF PROPERTY TO ED(~E OF P4ETLANI;~ ~ AREA ¢60 5.F. F~ROENT OF LOT COVEt;~kC,~E ID.I~6 Vc~:S %% JOHN C. 6 EAST MAIN STREET EXHIBIT C S SURVEYOR N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.-CADocuments and Settings\Owner~Iy'~um~n,~/y~D~rop,..~x\0,~.f~8\08,,,,._~08~- 174.~o~_ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · EO. Box I 179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor. Capital One Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 http://southoldlown.nor th fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 September 8, 2010 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6422 (Benali, LLC) Dear Mr. Terry: We have received an application for construction of a new single family dwelling in Southold. 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 Secti%rF268-5D is requested within 30 days of receipt of this letter. Thank you. N,N'~"; Very truly yours, ,)~ Leslie K. Weisman Chairperson '/ Encls. To~ FORM NO. 3 NOTICE OF DISAPPROVAL DATE: August 27, 2010 Suflblk Environmental Consulting for Benali, LLC Property P O Box 2003 Bridgehampton, NY 1 1932 Please take notice that your application dated July 27, 2010 For construction ora new single family dwelling at Location of property 1275 Cedar Point Dr. West, Southold, NY County Tax Map No. 1000 Section90 Block 1 Lot 2 Is returned herewith and disapproved on the following grounds: The construction of a single family dwelling on this non-conforming (upland 6,580 sq.tt.) lot, is not permitted pursuant to Article XXIII Section 280-124 which states; "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10." On lots less than 20,000 sq. tt., the required fi'ont yard setback is 35'. The site plan indicates a front yard setback of 10'. Authorized Signature Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: FROM: DATE: RE: Leslie Kanes Weisman, Chairperson Zoning Board of Appeals Jill Dohedy, President Board of Trustees October 13, 2010 Variance Application Benali, LLC - SCTM#90-1-2 Upon initial review, the wetland line appears to be inaccurate as flagged, per the survey prepared by John C. Ehlers last dated March 1,2010. The Board of Trustees requests the wetlands be re-flagged and surveyed by En- Consultants, Inc. Additional comments by this Board may follow pending the completion of this request. . F[hed By: A~Jg~ment No. APPLICATION TO THE SOU'. FHOLD TOWN BOARD OF APPEALS HoU$~ NO. 1"275 S~'eet Cedar Point Drive ~'est Ham]et Bayview SCTM 1000 Section 090 Black al Lot(s) , ODe Lot Size ?, 198s sqft, Zone R - 4o l (WE).Ap]P~g~A~._. 'I~ WRITTEN DETERM-ff~ATION OF THE BLrfl~DING INSPECTOR DATED_(~ j'~,-) ~j ,D BASED ON S~Y/S~ P~ DATED March 1, ~010 . Applieant(s~O~e~s): BENALI, LLC (c/o Steve Kram) Mailing Address: 114099 Bellagio Road; Los Angeles, CA 900"v9 Telq~hone: ($lo) s8o-6ooo Fax: N/A Emaih N/A NOTE: In addition ID the above, please complete below if application is signed by applicant's ~torney, agent, architect, builder, contract vendee, etc. and name of person who agent repre~col,s: Name of Representative: Bruce A. Anderson (Suffolk for (JO Owner ( )Other: Envzronmental Consulting, Inc.) Address: P.O. Box ~oo~; Bridg~h~.mpton, NY 1195~ Telephone:,,(631) 557-5160 Fax: (631) 557-5"291 Email: suffolkenvironmental(~hotmail.com Please check to specify who you wish correspondgnce to be atailcd to, from the abo~e name~: ( ) ApplicanffOwner(s), ( ) Authorized Representative, ( ) Other Named Address below: '~H Ic.[~W~Y~y ]Hp} BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED March t,.~,~10 . and DENIED AN APPLICATION DATED July e?, ,2olo (V)'~uildmg Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: FOR: Provision of the Zoning Ordinance Appealed. (Indicate Ar~iel% Section, Subsection of Zoning Ord[nanee by numbers. Do not quote the code.) Artt~e: XXllI Section: e8o Subsection: 124 Type of Algal. An Appeal is made for: (vi A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ( ) has, (~as not been made at any time with respect to th. is property, UNDER Appeal No(s). Year(s). : (Pteaze be ri,re to reD,arch before completing Iht$ question or call ottr odffice J~r c~zistance} Name of Owner: ZBA File g ~RF..A~O~ ~OR APPF.~L {o~dd~j~.o~], ~heelf ma¥~b~e.~.s_cd ~pith prepar~r's .4RE~ V~RI~NCE (1) An undes~able change will not be produ~d in the C~CTER of the neigh~rhood or a de~iment t~ nearby proper~es if grated, b~a~: PLEASE REFER to the ATTACttEI) ADI)ENI)UM. (2) The ~ncfit ~ught by ~e app~can~ ~OT be achieved by some method feasibl~ for the appll~nt to pu~u~ other than an area va~nce, because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an ad,terse effect or impact on thc physical or environmenlal conditions in the neighborhood or district because: (5) tins the alleged difficulty been self-created? ( )Yes, or ( )No. Are there Covenanls and Restrictions concerning this land: 13 No. t t Yes (Rt~3:.u~..fo~? This is the MINIMUM that is necessary and adequate, and at tim same time preserve and protect the character of Ihe neighborhood and the health, safety, and welfare of the community. Check d~s box ( ) .!1~' A~USE VARIANCE rS B~d]NG REQ~ESTE~ /~VD PL~SE COMPLETE THE S~amr~of Ap~Rant or Au~o~ Agenl Sworn to b~or~ me t~ Matthew D. Ivans Notary P~biic o! New York N'o Commission Expires January 22, Application by: .,, Office Notes: Page 3 Assigned Application No. N/A Part B: REASONS FOR USE VARIANCE ('ff requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular Distflct Where the Project is Located (please consult your attorney before completing): 1, Applicant cannot realize a reasonable return for each and every permifled use under the ~,onlng regulations for the particular district where the properly is located, demonslrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet), 2. The alleged hardship retating to the property is unique because: 3. The alleged hardship does not c~pply fo a substantial podlon of the dlstrlct or neighborhood because: 4, The request will nat alter the essential character of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This Is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. [Please explain on a separate sheet if necessary.) 7. The spirit of the ordinance wlll be observed, public safety and welfare will be secured, and substantial Justice will be done because: [Please explain on a separale sheel ff necessary.) ( } Check ~ls box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your afforney,) Olherwlse, olease proceed to the sianature and notary area below. Sworn to before me this day of .................... 200_. Signature of Appellant or Authorized Agent (Agent must submit Authorization from Owner) [Notary Public) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD N/A WHEN TO USE THIS FO~3~I: The form must be comlMeted by the applicant for an~ special use perm~ site plan approval, stsc variance, or subdivlslon approval on property within an agricultural district OR within SOft feet ~f a fartn operafion located in agricultural distric~ All applications requiring, an agrleulturai data statement mu.st be referred-to the Suffolk :Conntg DeparOnent of Plan,ring in accqrdanee ~ith Sections 259- ' m.ant123 9-n of the General Municipal Law. l) Name of Applicant: 2) Address of Applicant: 3) Nameof Land Owner [ffother than applican0: 4) Address of Land Owner: 5) Description of Proposed Project: 6) Location of Property (road and tax map mamber): 7) Is.the parcel Within an agricultural districi? ~tNo [~]Yes If yes, Agricultural District Number 8) IS ~is parcel actively famed? [21'1o [-]Yes 9) Nme and address of any owner(s) of land within the agricultural distric! containing active farm operatiOn(s)'located 509 feet of the boundary of the proPOsed project (InfOrmation my be available through thc Town A~essom Office, Town Hall location (765-1937) or from any public computer at the Towi~ Hall locations by viewing the parcel numbem on the Town of Southold Real Property Tax System, ~.ame and Address (Please U~e beek si~sLx property owners are identified.) The lot numbers may be 0btai~ed, in advance, vzhen requested'from either the Office of the plarining Board at 765-1938 or the Zoning Board of Appeals at 765q 809, I / S~gna~urc of Applicanl DaTe Not~ I. Thc local board will solicit ccramenta'fi'om the owners of land identiffed abov~ ia ordex to consider the effect of the proposed actidn on t~eir farm opawatlorr Solicitation will be made by supplying a copy of this statement 2. Comments re~med to the [ocat board will be taken into consideration as ~ of the overall rey~w of this applicatipn, 3. Col:flea of the exnnple~ed Agricultural Data Stalement shall be seat by applicant anCt0¢ the cI,:a~ of th~ ~ to the property ovnners idant~;fied above. The eosl for mailing shall be paid by the applfi~, nt at thg time.~he application is ~bmitted for ~,eview. Failur~ to pay at such tim~ means thc applicalion L~ not comp] ~t¢ and cannol be scrod upon by thc board. APPLICANT'S PROJECT DESCRIPTION (For ZI3A Reference) Bruce .3, Anderson @ ,S'uffblk Applicant: Envzronmental Consulting, Inc. ~ Date Prepped: July ~7. ~OlO L For Demolition of Existing Building Areas Please describe areas being removed: N/A II. New Construction Areas (New Dwelling or New Addilton~/Extensioas): Dimensions of Rrzt floor extension: sao.o sq. ft. + Dimensions of new second floor: 860.0 sq. ft. +_ (maximum) Dimensions of floor above second level: N/A Height (from finishvxl ground l~ top of ridge): .< Is basement or lowest floor area being eomslmcttd? If yes, please provide height (above ground) measured fi`om nalural existing grade to first floor:. N/A (House to be built upon piles) HI. Proposed Construction Description (Alterations or Structural Changes) (at~aeh extxa ~heet if necessary) - Please descffbe building areas: Number of Floors and General Charactexisties BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: ~88.0 sq. ft. _+ (shed, dock, ramp - upland only) Proposed increase of building coverage: 899.0 sq. it. _+~.I. ft. + house, retaining wall, less shed to be removed fi'om propelty) Square footage ofyou~ lot: 7, 185 sq. ft. _+ Percentage of coverage of your lot by building area: 2.6% + 4~g; ~2.6% _4. V. Purpose of New Construction: Construction of a Single-Family Re~x~d-e~ structure§ ~m a lawluliy created residential _parcel. VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on yonr land and how it relates to the diffieulty in meetin~ the code reouiremenffs~: The property is characterized by a gentle slope from the street to the shoreline The northern section of the property is comprised of lawn area, the central/shoreline area is comprised of typical native shoreline vegetation, inclusive of Phragmites spp The upland portion of the property measures 65.0' in depth (max.) from the tidal wetlands boundary, and therefore, no proposed activity will meet the required environmental setbacks. Consequently, all proposed activities in this application have been sited in a location to fully maximize these setbacks, which results in the zoning non-conformities herein ]Please submit seven (7) photos, labeled to show different angles of yard areas after staking corn~- 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 premise~ listed on the real c~tate market for sale? Yes X No Are there any proposals to change or alter land contours? X No ....... Yes please explain on a~ched sheet. 1 .) Arc them areas that contain sand or wetland grasses? Yes. 2.) Are those areas shown on the survey submatted with this applicatwn. Yes. 3,) Is the propwrty bulk headed between the wet!~nds area and the upland building area? No. 4.) ffyOur prol~tty contaim wetland~ or pond areas, I~ave you contacted the Office of the Town trusts for its d~t~minafi0n of.jurisdiction? Yes. _Please eonfilln 8tldUs of your inquiry or application with tt~ Trustees: Pending uuon ZBA determination. and if issued, please attach copies of permit with conditions and approved survey. .D. Is them a depr~sion or sloping elevation near the area of proposed construction at or below five feet obOve mean sea level? Yes. A~-e there any patios, cOncrete barriers, bulkheads or fences that exi, t that a~e not shown on the survey that you are submitting? No. Please show area of the structures On a diagram if any exist. Or state none on the above line. Do you have any constructi°n taking place at this time cOncerning your premises? No. _,If yes. please submit a copy of your building permit and survey as approved by the Building Department and plea,sc describe: Plea.se attach all pm-certificates of occupancy and certificates of occupancy for the subject premiz~s.. If any are lacking, plea~ apply, to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval Do you or any co-owner al~o own oth~r land adjoining or close to this pm'cci? No. If y~, please label Ihe proxlmity of your lands on your survey. Please tist present'use or ,operations conducted at this parcel Existing storage shed and dock utilized thereon: and the proposed use ' Prooosed Single-Family Dxvelling. Dri'~:ewav. Sat~iiarv system. _~_ . {~: ~inl ~ngl¢ family. ~-o~o~: same.*i~ garage, pool or o~h~) ' APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Soathold's Cede ofElblcs orohibi LS con flicc~ CE interest on Ihe ~ of tc, vm officers ~ ~rnjL~.y~:pp~se of thL~ fearn is to movlde in ' ' I~wn ot'oosslblc confl~s YO~}~: Bruce A. Anderson (~ Suffolk Environmental Cons~ting. Inc. NA~ oF AP~ICA~ON: (~ aU ~ ~y.) Chm~ of Zm~ C~ Etlon ~al ofglat ~ you ~lly (or ~u~ your ~mpmy~ ~ ~Mi~ ~t, er child) ha~ a ]nd~g a p~, ~ ~i~ ~e m~ o~r or ~p~ has even a pa~a[ o~l~ of (or m~ by) a ~on YB~ ~ NO If you an~e~"YES", ~e ~e b~ of ~ fo~ ~ ~e end sign ~ indicel~. ~=~ ~ ~hlp ~wm yo~f(~ ap~imgapn~re~n~t De) and the m~ o~r or cmdo~ee. Ei~r check (wh~ ~ ~imt is a DF-~CRI?TION OF RF..LATI ON$ l-tiP Form TS I OWNER'S ENDORSEMENT (TO BE SIGNED IF APPLICANT IS NOT OWNER) STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: BENALI~ LLC, being duly sworn, deposes and says; I reside at 11499 Bellagio Road; Los Angeles In the County of Los Angeles and the state of California , and I am the (owner in fee) (officer of the Corporation which is owner in fee) of the premises described in the foregoing application and that ! have authorized Suffolk Environmental Consulting, Inc. to make the foregoing application as described herein. Signature Before me, this ~¢~' day of Notary Public If Corporation, name of corporation and Officer Officer's Title TOWN of SOUTHOLD ZONING BOARD of APPEALS ADDENDUM regarding the BENALI, LLC Situate: 1275 Cedar Point Drive West; Bayview; Town of Southold, New York SCTM#: 1000-090 01-002 .4RE,4 F,4RI.4NCE RE,4SONS: (1) An undesirable change will not be produced in the CHAFLSCTER of the neighborhood or a detriment to nearby properties if granted, because: Referring to the attached aerial photograph, in that the neighborhood surrounding West Lake is almost entirely comprised of non-conforming residential parcels improved with single-family dwellings, no change to the CHARACTER of the neighborhood is anticipated with the improvement of this lot in a residential fashion. Additionally, in that no discernible DETRIMENT to neighborhood properties have occurred from previously improved parcels, we do not anticipate that this proposal will create a DETRIMENT to nearby properties. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible tbr the application to pursue, other than an area variance, because: Referring to the attached survey, this lawfully created parcel is substantially burdened by wetlands, where any proposed activity within any upland portion of the property cannot meet the required 75.0' wetlands setback. Application of the $5.0' front yard setback required within this R -'~0 zoning district would result in an area of proposed activity located a maximum of oul¥ ~o.o' from the wetlands boundary. Consequently, the applicant requests variance relief from the front yard setback requirement in order to maximize the wetlands setback for the proposed improvements. No other method is practicable in obtaining the applicant's goal while minimizing any and all non- conformities associated with this project. The amount of relief requested is not substantial because: Again, referring to the attached survey, this lawfully created parcel is extensively burdened by wetlands located along the southern shoreline. No location within the uplands portion of this property is conforming with respect to wetlands' setbacks for any proposed activity. Consequently, we do not believe that this request for relief can be deemed substantial in that the applicant is attempting to minimize the environmental non-conformities with respect to this application. (4.) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Again, referring to the attached aerial photograph, review of the neighboring properties surrom~ding West Lake indicates various improved properties exhibiting various non- conformities with respect to zoning setbacks, as well as wetlands setbacks. In that these properties have not had any discernible effect to the physical/environmental conditions within the immediate area, we do not anticipate that the granting of this variance will create a detrimental impact to the neighborhood. (.5) Has the alleged difficulty been self-created? ( ) Yes, or ( X ) No. No. This property was lawfully created via the subdivision of "Map of Cedar Beach Partd', filed on December ~0, 19~7. Consequently, this difficulty has not been self- created. Are there Covenants and Restrictions concerning this land: ( X ) No. ( ) Yes (pleasefi~rmshcop¥) 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. ~d boric 'm~k~ o4 SURVE"r' OF= LOT 1~4 "MAP OF Gl=OAR BEACH PARK" F:ILEO OEO. 20, Iq2-/ AS MAP # qB 51tUATE: BATVIt~N TOI~N~ 5~;:~rrHOLl2 E,t.,IFFOLK C,(~NTY, NY PR. OPOC'~D .E~PTIC, C.P,O~ E~ECTION SANITARY NOTES: i SEPTIC TANK SHALL BE MONOLITHIC AND FABRICATED FROM 10 BIA. X 4 SOLID RING NITH 36 LZOUID BERTH 2 ,4 CESSPOOLS 8 BIA 3 BEEP, MIN 1 ~AX 2 COVER 3 RETAINING NALL SHALL BE NATERRROOFEB ON SANITARY SIBE 0 PIPE FOUNI~ Areo= -1,155 5.F. OR O,l~,4q Acres PROPERTY FI=HA FLOOD ZONE5 A5 5,HOINN ON HAP # ~10~...O1~-/ H EL~v'ATION~ I;~.EFEF~ENOE NAVI2 Iq~¢ DATUM FLA~ 5,HOINN THt)~ ~ EGUAL LANDINAP. D ED~F OF TIDAL INETLANI;~ A5 DELINEATED B'r' 50FFOLK ENVIRONMENTAL C, ONSULTIN~, Inc. ON NOVEMBER ~, 2BOq ®P-.APHIC. ~.~ALIE 1"= 20' AI;~EA OF PP-.OPEP.'Pr' TO lEDgE OF HETLAND5 HOt)C~E AI;~EA ¢,~O 5.F. PERCENT OF LOT COVERAGE %% JOHN C. 6 EAST MAIN STREET RIVERHEAD, N.Y. 11901 REF.-CADocuments and Settings\Owner~,ly N W '~+E S LAND SURVEYOR N.Y.S. LIC. NO. 50202 369-8288 Fax 369-8287