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HomeMy WebLinkAbout6387/ ' TROYAN0, PETER J. & MARGARET S. #3294 Road access FILED: 9/20/84 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS R£C£[~D TOWN OF SOUTHOLD '~'- ~_ ._.. ~) "5-~ Tel. (631) 765-1809 · Fax (631) 765-9064 AU¢ 1 0 2011 , Sl ttt-h'old Town Clerk ZEZ TIN. U UST 4, ZBA FILE: #6387 NAME OF APPLICANT: Andrew Greene CTM 1000-73-4-5 PROPERTY LOCATION: 30653 County Road 48, (Adj. to Long Island Sound) Peconic, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A I4-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 29, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: A Memorandum dated June 21, 2010 which recommended that the Applicant's proposal was INCONSISTENT with LWRP policies was submitted to the Board of Appeals under Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards. Subsequently, the Applicant implemented the recommendations of the Suffolk County Soil and Water Conservation District, as detailed in that Agency's letter dated June 15, 2010. The Zoning Board also requested a LWRP site assessment describing how the on-site erosion mitigation work furthers the policy standards of the LWRP. In a memorandum dated July 14, 2011 the LWRP Coordinator stated he did the requested site inspection to determine if the mitigation applied by the applicant furthered or met LWRP policies. He noted that the bluff appears to be stable except in the areas recently re-vegetated but it is expected that the new vegetation will stabilize the soils over time. He also stated that this mitigation coupled with retaining the existing vegetation on the top of the bluff through a perpetual non-disturbance buffer will further stabilize the bluff soils and prevent failure. Finally, further mitigation is recommended through prohibiting grading/ground disturbance within 50 feet of the top of the bluff. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a 1.95 acre waterfront parcel in the R-80 Zone. The northerly lot line measures +/- 115.31 feet along Long Island Sound. The easterly lot line measures 685.72 feet, the southerly lot line measures 129.66 feet, and the westerly lot line measures +/-663.70 feet. The parcel is accessed by a private ROW beginning at County Road 48. The property is improved with a single family dwelling and a detached garage, as shown on the site survey drawn by Peconic Surveyors, P.C dated Dec.26, 2001, and last revised March 29, 2010 to show the proposed pool location. BASIS OF APPLICATION: Request for Variance from Code Section 280-116(A) based on an application for building permit and the Building Inspector's March 24, 2010, Notice of Disapproval concerning construction of a 53fi.x22ft. accessory in-ground swimming pool at less than the code required setback from a bluff of 100 feet. Page 2 - August 4, 2011 ZBA File#6387 - Greene CTM: 1000-73-4-5 RELIEF REQUESTED: The Applicant requested a variance for the proposed construction of a 22fi.x53fi. in- ground pool at approximately 80 feet from the top of the bluff, when a 100 feet setback is required by Town Code. AMENDED APPLICATION: During the June 30, 2010 hearing, the Applicant was asked to bring the plan into more conformity with the code. Based upon information introduced at the July 7, 2011 Public Hearing, and incorporated into the Amended Application, the Applicant proposed to increase the setback measured from the outer edge of the proposed pool's retaining wall to the top of the bluff from 80 feet to 82 feet. The Applicant's representative, Joseph Fischetti, PE, at the Public Hearing, verbally submitted a revised proposed plan, with engineering drawings of the retaining wall, reducing the pool width from 22 feet to 20 feet, and increasing the setback to 82 feet from the bluff, thereby bringing the plan into more conformity with Town Code. An updated site survey showing the new proposed setback was not submitted at that time. ADDITIONAL INFORMATION: The Zoning Board of Appeals requested a site inspection by the Suffolk County Soil and Water Conservation District. The Zoning Board has included in this file a letter received from this Agency dated June 15, 2010, which details the results of their site review. This letter contains bluff re-vegetation recommendations made by the Agency to be applied to a particular area of the bluff on the Applicant's parcel that was subject to considerable coastal storm related erosion. The Applicant has implemented these recommendations by the planting of beach grasses in the disturbed area of the bluff. The Applicant has obtained a Wetland Permit dated July 21, 2010, to construct the pool from the Board of Southold Town Trustees. The file contains a letter from the Greene's Attorney, dated June 24, 2010, which states several objections to the findings of the LWRP Coordinator as presented in a Memorandum dated June 21, 2010. The Zoning Board also requested a LWRP site assessment describing how the on-site erosion mitigation work furthers the policy standards of the LWRP. In a memorandum dated July 14, 2011 the LWRP Coordinator stated that he did the requested site inspection to determine if the mitigation applied by the applicant furthered or met LWRP policies, and he made recommendations regarding the establishment of a minimum 50 ft. non-disturbance area in the vicinity of the bluff. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 30, 2010, and at, er several postponements made atthe request of the Applicant, again on July 7, 2011, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, an assessment of the character of the neighborhood, and other evidence, the Zoning Board finds the following facts to be tree and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of an alternative relief variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A 20ft. x 40ft. in-ground pool in the proximity of the bluff will not be as prominent as the size of that proposed by the Applicant. A swimming pool located in the rear yard is a customary accessory structure for a residential property. The pool will not be visible from any adjacent neighbors. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant of a pool co nstmcted in the rear yard overlooking Long Island Sound cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance as granted in this alternative relief. Although the pool could conceivably be located somewhere in the Applicant's front yard, without the need for a variance on this waterfront property, because of the location of the existing driveway, garage, water line, well, and wetlands on the subject property, the proposed rear yard location is the most practical. 3. Town Law §267-b(3)(b)(3). The alternative relief variance granted herein is substantial. A pool setback of 82 feet is an 18% variance from the 100 feet setback required by Town Code. However, the 82 feet setback for the northwest comer of the pool is the minimum setback for the pool, with the remainder of the pool achieving an even greater setback from the bluff, in relation to its location in the rear yard parallel to the single family dwelling, as shown on the site survey. A 20fl. x 40ft. pool with an 82 fl. bluff setback will have a lesser degree of non- conformity than one with the 20ft. x 53ft. dimensions as applied for. Page 3 - August 4, 2011 ZBA File#6387 - Greene CTM: 1000-73-4-5 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that an altemative relief variance for a 20ft.x40ft.in-ground pool in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The proposed pool location is in a slight hollow, with the natural terrain then sloping up towards the top of the bluff. The elevation of the proposed pool is 26-28 feet, and the elevation at the top of the bluffis +/- 32 feet. Rain water will naturally drain down the slope facing away from the bluff: This recessed location also reduces the profile of the pool in relation to its proximity to the bluff. Although the initial LWRP review recommended that the Applicant's proposed pool location to be INCONSISTENT with LWRP policy standards, this Board has also taken into consideration the fact that the Applicant has implemented the blufferosion mitigation recommendations issued by the Suffolk County S&W Conservation District. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created since the Applicant decided to propose constructing a pool in a location that did not have the Code required 100 feet setback from the bluff.. 6. Town Law §267-b. Grant of the alternative relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an in-ground pool in the rear yard adjacent to the bluff overlooking Long Island Sound, 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 Homing, seconded by Member Goehringer, and duly carried, to DENY, as applied for, and GRANT ALTERNATIVE RELIEF as noted below: 1. The in-ground pool shall be no larger than 20fi.x40 ft. and will have a minimum setback of 82 feet from the top of the bluff. The distance of the setback from the bluffis the same distance as verbally applied for in the Amended Application as presented by Joseph Fischetti, PE. The approximate location of the pool, as granted in this alternative relief, with an 82 feet setback is not accurately shown on the survey drawn Dec. 26, 2001, last revised March, 29, 2010, by Peconic Surveyors, P.C. Conditions: l. The existing vegetation on the top of the bluff shall be maintained as a perpetual non-disturbance buffer to further stabilize the bluff soils and prevent failure. 2. No grading/ground disturbance shall take place within 50 feet of the top of the bluff That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Before applying for a building permit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final survey conforming to the alternative relief granted heroin. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department ora building permit, and may require a new application and public hearing before the Zoning Board of Appeals. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 4 - August 4, 2011 ZBA File#6387 - Greene CTM: 1000-734-5 Vote of the Board: Ayes: Members Weisman (Chairperson), Horning, Goehringer, Dinizio, Schneider. This Resolutip~was. /. .~. duly adopte~, (5 -0). Leslie Kanes Weisman, cC?ai[t~e, rson Approved for filing J/ ~ /2011 ............ - ..... - .............. /~ SCDHS Ref,# CIO-10-O006 ' ' ' ' ,. ' "' SANITAR'( DESIGN ~¢ ~o.~/ SITE OAT,~ - ~. ~.~.. BLD~ ~ ~o~* = r~ ~ ~' SITE AREA = 0.~65~ · ~ F~ISHED FL~ r~ ~ ~w ~ ~ ~o~ = f u~UUM REQU REMENTS FOR ~ - ~ e~ , ~,~ ~' ~r~ . ~ ~r ~ ~ TOTAL BLDg. AREA 2~80 sq.[t. ~ ~ ~%~ , I "e~'~,~r~ ~~. ~11;', II~¢r~:o~~ ~ I[ '11 ' '- I GR~ND EATE¢ MANAGEMENT ZONE~ IV '" I;~ A~HA~T ,~~ I IIZ'~SP~LT ~ t~O~e~' ' --..~ '~1 ' ~ ,ri. ~ , ~ ii Ii ' i e~ ' ALLOWABLE FLOW FOR. SITE = 600 gp~. ~ ,~,_. [~ ~ ' ~v ' ~ , ',~-~Ull . ~1 ~1, -I1, ~/ ', k~ I' / ALLOWABLE FLOW m j.~..f~// . . , , __ ~ / ~ , ~ ~ ~ ,,~ ~ u I ,;. I I ~375 ,q. fl.. 0.15 gpd./sq, ft = 206 gpd. ' KEY MAP ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ' . ' ' I I ~ . Ac~s~o~y ' Bldg, 0.03 ~d/sq II ~[I~ ,~ ' .[ ~ 9~ ' ' ' t I J~..t~ 605 sqlt, ~ 0.03 18 qpd. ~ [I · . . ' ~ ~.~ ~ ' , ~ ~ ' ~ ~ ~? ' TOTAL GPD.. 54~ ~ ' ~' ~' ~ ~C ~ ~ ~ SANITARY ~ESIGN , : I 2~ ~ ow I ~. ~' ' .~ // _~ X , II I ~ II , . CUb . ~ ~ ~ ,. ~ [ ...................... ' TEST BORING ~ ~ ~ I ~ ~ 0 , ' ......... I SOUTHOLO TOWN CRE. - I ' I/ ASPHALT / ~v~;.' ' I. ~ /~0v // ~ ~ j '~ ~, ~ ~ ~ 1~ I~ I us~.su~o~s~o~co~o~. I ACCESSORY BLDG texislh~ ' .. I I : I~ ~ If . % ~ ?' /~G~- , ~ v' ] . _.. S~S'" ~ . ~/ ' t ~ ~ ~ · I - . ~ I A~cessory Bldg. (existing . . , ' ' ..... · I o ~ ~O~T . ~ %. '_ '%_~ vek~ ~ - . / // ~ ~ ~' ~.~ . --~ ~ ~ . " , . ~ BRICK 930 ~q. fl. , MEL NORTHEY ' ~s~ . ' '~ ~ ~ ~ , ER D/STRICT' '~o iz~..~.r. / '. ' X~ ~ %R,:~o- _ % X. ~- - X ..~ · X t'L /. ~c~''- ' . ........ ' ' 5~2,,,,,~ / · ~ ' ~ ~" ~ XX.X ~ X X ¢'~¢" ~X X~ /_,~.~o~ . . ~ '11 II . . ~ X . ,,, . ,.~ ~&.~ ~ ~~ Er . . PLAN OF PROPERTY ' '~ . IFINALM~_....,t-- / , ~ 00 ~ ~ . . · / . . · (NY.5.D.O.T.) :'"k -. / / SUFFOLK OOUNTY Al y I . .. ' I ~ JSAFE DIG . ' ' ' ' . . · ~ ~ ~o~o~m~o~, . Before You D~g, u~H ur ~as~. s~o ~or ~o,~ ~eReO~ ro ~ Re~OVm ~,,~ ~ OWR~e~ ~f~,~, ~ ~ ~.~,,~,o . ~~~.~L,C. ~0. ~,~ ~ y~ ................... .~ · C .aU . SEP~C SYSTEMS ON SITE ~]~O~P~ (631) 765 - 1797 I ~ ~ less~anbowo~ngd.~no"~,bu not EASTERN TOWNS TOPO6RAPHC MAP8 (NG D) ......... · -- .=-u ...... ;% ...... ,J , ., _~. ~ =~,,~ ~,,~,,~ ~ ~ ........ , ,..... .......... , FFI E 54375 State Route 25 cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, N-Y 11971 Telephone: 631 765-1938 Fax: 631 765-3136 TO: LOCAL WATERFRONT REVITALIZATION PROGRAM MEMORANDUM Leslie Weisman, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: July 14, 2011 Re: ANDREW GREENE #6387 30653 Route 48, Peconic, NY SCTM#1000-73-4-5. (adj. to Long Island Sound) On July 14, 2011 a site inspection was conducted of the property to determine if the mitigation applied by the applicant furthered or met the LWRP policies and sub-policies that the action was found as INCONSISTENT with. I offer the following: Policy 4.1. "Minimize losses of human life and structures from flooding and erosion hazards." The following management measures to minimize losses of human fife and structures from flooding and erosion hazards are recommended: specifically A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: structures which functionally require a location on the coast or in coastal waters. water-dependent uses which cannot avoid exposure to hazards. sites in areas with extensive public investment, public infrastructure, or major public facilities. sites where relocation of an existing structure is not practical. Site inspection revealed that the face of the bluff is vegetated and appears to be stable except in the location recently re-vegetated north of the picnic table at the top-of bluff. Soils within this area remain exposed and are subject to continued erosion from weather events. It is expected that the vegetation wilt stabilize the soils over time. Figure Replanted area RECE~tVED BOARD OF APPEALS Figure 2. Replantedarea. JUL ~ The erosion has been addressed through replanting of the eroding sections s with native vegetation. This mitigation coupled with retaining the vegetation on the top-of bluff through a perpetual non-disturbance buffer (recommended below) will further stabilize the bluff soils and prevent failure. It is also further recommended that the Board prohibit grading/ground disturbance within 50' of the top of bluff landward unless such grading/ground disturbance is necessary to prevent storm water impacts. It is recognized that these best management practices would "minimize losses of structures from erosion hazards" and further Policy 4.1 A. Poficy 6. Protect and restore the quafity and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: 1. Maintain buffers to achieve a high filtration efficiency of surface runoff, The establishment of a vegetated, non-disturbance buffer (incorporating existing vegetation) is strongly encouraged to achieve soil stabilization of the area landward from the top-of bluff to the edge of lawn area. Trees that occur on the top of bluff and which are capable of promoting erosion should be allowed to be removed within the buffer. This best management practice will meet Policy 6.3. Cc: Jennifer Andaloro, Assistant Town Attorney .t., ;~ orri£ f~,(,.% ~'~ C LOCATION: ~ ~_ ~ ~ Town Hall ~nex ~/ 54375 State Route 25 [~(~ (cor. M~n Rd. & Youngs Ave.) ~ ~ Southold, ~ 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIVED JUL 1 2 2011 BOARD OF APPEALS To~ From: Leslie Weisman, Chair Town of Southold Zoning Board of Appeals Mark Terry, LPriWnl~ippa~:olra~[or~ Date: July 11,2011 Re: ANDREW GREENE #6387 30653 Route 48, Peconic, NY SCTM#1000-73-4-5. (adj. to Long Island Sound) On June 21,2010 I reviewed the above action and recommended that the action be found INCONSISTENT with the LWRP. On July 8, 201~ the Zoning Board of Appeals asked me to update my review of the action based upon recently installed erosion control and applied mitigation that furthered the LWRP policies. Procedurally, the action should not be reviewed a second time. The Zoning Board of Appeals in evaluating the action can either agree with the INCONSISTENT recommendation or disagree and render the action CONSISTENT. If the action is rendered CONSISTENT, the Zoning Board of Appeals shall elaborate in writing the basis for the disagreement pursuant to § 268-5. Review of actions, item H. and F (in part) which states: In the event the LWRP Coordinator's recommendation is that the action is inconsistent with the LWRP, and the agency makes a contrary determination of consistency, the agency shall elaborate in writing the basis for its disagreement with the recommendation and state the manner and extent to which the action is consistent with the LWRP policy standards. The Zoning Board of Appeals is the designated agency for the determination of consistency for variance applications subject to this chapter. The Zoning Board of Appeals shall consider the written consistency recommendation of the LWRP Coordinator in the event and at the time it makes a decision to grant such a variance and shall impose appropriate conditions on the variance to make the activity consistent with the objectives of this chapter. If necessary, I could provide the Zoning Board of Appeals an assessment on how the on-site mitigation furthers or meets policy standards of the LWRP. Cc: Jennifer Andaloro, Assistant Town Attorney ~ \ · To~vn Hal!Annex ~/ 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIVED BOARD OF APPEALS To: Leslie Weisman, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: June 21,2010 Re: ANDREW GREENE #6387 30653 Route 48, Peconic, NY SCTM#1000-73-4-5. (adj. to Long Island Sound) ANDREW GREENE #6387. Request for Variances from Code Section 280-116(A) based on an application for building permit and the Building Inspector's March 24, 2010, Notice of Disapproval concerning construction of an accessory in-ground swimming pool at less than the code required setback from a bluff of 100 feet at; 30653 Route 48, Peconic, NY. SCTM#1000~ 73-4-5. (adj. to Long Island Sound) Note: The face of the bluff is severely eroded and highly unstable due to slope and exposure (see Figure 1). The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the Policy Standards and therefore is INCONSISTENT with the LWRP provided that the following recommendations to further the below listed policies are implemented. Policy 4.1 "Minimize losses of human life and structures from flooding and erosion hazards." The following management measures to minimize losses of human life and structures from flooding and erosion hazards are recommended: specifically A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: structures which functionally require a location on the coast or in coastal waters. water-dependent uses which cannot avoid exposure to hazards. sites in areas with extensive public investment, public infrastructure, or major public facilities. sites where relocation of an existing structure is not practical. The proposed location of the in-ground swimming pool does not meet any of the above qualifiers (a-d) and therefore it is recommended that the structure be relocated to an area that will minimize the potential of future loss and further the above policy. in the event that the proposed action is approved, it is recommended that the applicant submit an erosion control plan for the bluff The plan should include the planting of indigenous vegetation capable of stabilizing the soil. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: 1. Maintain buffers to achieve a high filtration efficiency of surface runoff. Further, if the action is approved, it is recommended that a natural ve.qetated buffer be required from the top. of bluff landward to include the existing trees. An example definition follows. NATURAL VEGETATED BUFFER -- a land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum percent ground cover of ninety-five (95) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted. Survival of planted vegetation shall be (ninety) 90 percent for a period of three (3) years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous to life and property, trimmin,q tree limbs up to a hei.qht of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishing a four foot (4') wide access path or stairs constructed of pervious material for access to the water-body. Figure 1. Subject parcel. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING April 29, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk Cotmty Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Moy, Sim (c/o Shawn Barron) Gonzales, Joseph Abele, John Greene, Andrew Regina's Garden (c/o Edward Harbes) Wren, Mafyl Pappas, Jennie #6383 #6384 #6386 #6387 #6388 #6389 #6390 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 TOWN OF SOUTHOLD NOTICE OF DISAPPROVAL RECEIVED MAR 3 12010 BOARD OF APPEALS DATE: March 24, 2010 To: -/~ndrew Greene 30653 County Rd. 48 Peconic, NY 11958 Please take notice that your application dated March 12, 2010 For permit for an accessory inground swimming pool at Location of property 30653 Route 48, Peconic, NY 11958 County Tax Map No. 1000 - Section 73 Block 4 Lot 5 Is returned herewith and disapproved on the following grounds: The accessory inground swimming pool in the R80 Zone are not permitted pursuant to Article XXII Section 280-116A(1 ), which states: "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the Shore or beach shall be set back not fewer than 100' from the top of such bluffor bank." The construction is noted as being approx. 80' from the top of the bluff. Authorized Signature SCDttS R~.L ~ RI0-02-0014 " 13' Brown sill)' sand brown silly sa~d I TROYA O, H£,,,Y ',~LI~,(AN, $~ ~ CL WJler ~ ~rown lo mediu~ sand SP ELEVATtONS ARE REFERENC£D TO N.G.V.D. · MONUMENT · = PIPE I AREA = 1.9491 acres to tie line TEST \ S. 40"57'10"W? Xl29.66'I NIOIF THOMAS P, McGUNNIGLE v~c~vr -~ N/O/F JOHN ~ ~ ,4NY AL TERA T/ON OR ADDITION TO THIS SURVEY IS A VIOLA TION OF SECT/ON 7_P09 OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7R09 - SUBDIVISION g. ALL CERTIFICA DONS HEREON ARg VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. ADDITIONALLY TO COMPLY ~ITH SAID LAW THE TERM 'ALTERED BY' cMUST 8E USED BY ANY AND ALL SURVEYORS UTI. L. IZING A COPY OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS '~ISPECTED° AND 'BROUGHT - TO - DA TE' ARE NOT IN COMPLIANCE WITH THE LAW. POLE I om lam/liar with lhe STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES and will abide by the conditions sol forlh lhereln and on permll lo conslrucl. The locations of we/is and cesspools shown hereon are from field observolions end or from data obtained from olhers. COASTAL EROSION HAZARD LINE COASTAL EROSION HAZARD AREA MAPS PHOTO NO. 57 - 556" 83 CERTIFIED TO' ANDREW d. GREENE COMMONWEAL TH LAND TITLE INSURANCE COMPANY UL S TER SA ViNGS BANf' ~" ' CROSSECTION- StTPT/C SYSTEM ' ~??~ 'z DE.F~ ~'~H ~' CLE~N SAND COLLA~ DOWN TO S~Nfl SF AND t VEY OF PROPERTY A T PECONIC TOWN OF SOUTHOLD 23' 28' SUFFOLK COUNTY, N Y. TEST HOLE # I SL TOPS'~IL Fine Br. 6and & Silt~ Trace Small to Fine Gr., trace ~r. Fine Br. & Gru, vlsh Br. Sand & SIIt~ Some Grayish Br. Silly Cia)', Trace GR. SM Coarse to Fine Br. & Dark Br. Sand, Some Grave/ Some Br. & I Grayish Br !Silty Cloy SM Coarse to Fi~e Br. Sand & Fine Gr.~ Trace Smelt Ia Med. Gr. Coarse lo fln~ Br. Sand & amd' l¢ M~d. Gr. SW 1000 - 73- 04 - n5 SCALE.. I"= 60' DEC 26, 2001 MA Y 15, 2008 --25'E· RECEIVED MAR 3] 2010 BOARD OF APPEALS (6311 765 - - 1797 P. O. BOX 909 1230 TRAVELER STREET SOUTHOLD~ N.Y. 11971 01- 255 0 r~ 0 APPLICATII~TO THE SOUTHOLD TOWN BOAR~F AP~:~'.'.~VED Fee:$ ?~'(.) FiledBy:~ (~'~ .~^ . n ., For Office Use Only ~ ~~ . ~ ~ Date Assigned/assignment No. g~.~ ~ 1 ~0 Office Notes: BO~ b~ ~p[~LS/ HouseNo. 30~f~Street~Vn//'~' 80~)O t.-fg Hamlet fE-I~Z".),,i/lC SCT 00o Section"l ) Block"'ff Lot(s) 'F' S ze I, Zone I (V~) APPEAL ~HE WRITTEN DETERMINATION OF TI~ BJUILDING INSPECTOR "~/~-~ ~ ~ 0 BASED ON MAP DATED 3~_~//~21 DATED Applicant(s)/Owner(s): /~-A/O/~/~/ ~ ~Ll~3~r~ ~~ MailingAddress: 30~ f~ ~*r~ R~ qf/ I~c~.~,6 M~ IIq~g NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contact vendee, etc. andnameofpersonwhoagentrepresents ~. Name of Representative: for ( ) Owner, or ( ) Other: Agent's Address: Telephone Fax #: Emaih Please c~heck box to specify who you wish correspondence to be mailed to, from the above names: I~ApplicantJOwner(s), or [] Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED .~//~'fOt~ AN APPLICATION DATED (r}~l(~ t Z, ~t~ ] O FOR: [X/Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use ~3 Permit for As-Built Construction E]Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordina0c~e,by numbers. Do not quote the code.) article×/~ft Section280- Ilb/t~ ~l) Subsection Type of Ap/peal. 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. I3 Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [~"hos. [] has not been made at any time with respect to this property, UNDER Appeal No. 3~q~f~ear t ti g¥. (Pleasebe sure to r~s~arc~' beforeVompleang this quesaon or call our office for assistance.) f ~. )_n I I Applicant: APPLICANT'S PROJECT DESCRIPTION I. For Demolition of Existing Building Areas Please describe areas being removed: (For ZBA Reference) ~e:"~,'v~ Date Prepared: RECEIVED BOARD OF APPEALS II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor a~ve se~nd level: ~ Height (~om finished ~o~d to top of ridge): Is basement or lowest floor ~ea being cons~cted? If yes, please prohde height (above measured ~om na~al existing ~de to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Character/sties BEFORE Alterations: Number of Floors and Changes VqI'I'H Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: Percentage of coverage of your lot by building area: 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 Name of Owner: ~ File # REASONS FOR APPEAL (additional sheets may be used with preparer's signamre): MAR A~EA ~/ARIANCE P, E~SONS: BOARD OF APP~ (1) An undesirable change will not be produced in the CHA~CTER of the neighborhood or a detriment to nearby properties if granted, because: ~( ~ ~/LO~6 aC ~ ~t~, 0) The benefit sought by the applicant C~NOT be achieved by some method feasible Dr the applicant to pursue, o~er than an area variance, because: ~ tJ ~ x~ C~ (3) The amount of relief requested is not substantial because: ~¢ ZO" ~1~ t~-O-vt-~WO (4) The variance w~l NOT have an adverse egect or ~pact on the physical or en~ronmental conditions ~ the neighborhood or district because: O~E~'f O~ ~ F~ ~gm~ ~ tSot~R (5) Has ~he alleged diffieul~ been self-created? ( )Yes, or (~o. Are there Covenants and Restrictions concerning this land: [] No. Cites {please furnish co, vi. 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 REQUESTED, AND PLEASE COMPLETE THE Signature df 3(_~antt~'r Aut-I~or~,~d Agent Sworn to before me this ~ ~+~ (Agent must submfl written Authorization from Owner) dayof~ck ,20 I~ dohn M. dud~o NOTARY PUBLIC, State of Now York No. 01JU6059400 QLmhfied In Suffolk County . Commission Expires May 29, 20~ DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this,.~/ day of /~'('.~.~-~'-- , 2009, by ANDR.E.~W~ GREENE and ELIZABETH GREENE, both residing ~t--)30653 County Road, Pe~r~,~,ED New York, owner, hereinafter referred to as the "Declarant". MAR ~ I WI T N E S S E T H: BOARD OF APPEALS WHEREAS, the Declarant has title to certain land situate, lying and being at 30653 CR 48, a/k/a Middle Road or North Road), Peconic, Town of Southold, Suffolk County, New York, SCTM 1000-73-4-5 said land being more particularly described in Schedule A which is attached hereto; and WHEREAS, the Declarant has applied to the Town of Southold Board of Appeals for a variance application for non-permitted use of an as-built accessory building (as- built accessory apartment) which was withdrawn by the applicants and an amended application was made requesting a variance for side yard setback at 10 feet of the accessory building, proposing conformity of the building floor area, with one of the following two options: (1) proposing an addition converting the building to a conforming use and connecting the accessory garage to the dwelling, resulting in only an area variance for a side yard setback at 10 feet instead of the code required 20 feet from the side yard property line provided under Code Section 280~14, or (2) proposing the as- built setback in the event the connection to the dwelling is not built for a 10 ft. side yard setback after converting the as-built accessory garage to a conforming use as per Code (without the as-built kitchen, bedroom/sleeping facilities, full bathroom). WHEREAS, the Town of Southold Board of Appeals in a decision dated May 28, 2009, after holding a public hearing on this application on January 8, 2009 and April 23, 2009, at which time the Board received written and oral evidence and based upon all testimony, documentation, personal inspection of the property and other evidence, denied the application requested concerning the as-built structure, denying a second dwelling on this property and denying an accessory garage with nonconforming kitchen and/or sleeping quarters. WHEREAS, the Zoning Board granted the following relief as requested in the amended application in its May 28, 2009 decision subject to the following conditions: 1. A second kitchen or second dwelling is not permitted on the premises. 2. Prior to the issuance of any Certificate of Occupancy, the Building Inspector and the property owner are requested to (a) notify the Zoning Board of Appeals that the above conditions have been completed and (b), when completed, to contact the Board of Appeals and arrange for an inspection by a representative of the Zoning Board of Appeals and followed-up in writing by ZBA to the Building Inspector, for the purpose of acceptance or other steps to conform to the above condition). 3. The connection from the house shall be heated, conditioned space connecting the accessory structure, for the purpose of meeting the use provisions of the zoning code for only one-single family dwelling unit on the premises. The connection shall be as per code (at least 5 feet wide, 33.5 feet in length, and minimum 7.5 feet height). 4. The Board requires a certified copy of the plans and specifications regarding the one-story connection unit together with the type of heating, lighting and foundation for the structural connection. 5. Alternatively, if owner decides not to attach the accessory building to the main dwelling by conditioned space/connection, a cedified copy of the plans and specifications prepared by a licensed professional is required, with removal of kitchen and any other nonconforming area, for conformity as an accessory building a~F~c~icD before a Certificate of Occupancy is issued. NOW, THEREFORE, this Declarant witnesseth: BOARD OF APPEALS That Declarant, for the purpose of carrying out the intentions expressed above does hereby make known, admit, publish, covenant and agree that the said property herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding on all purchasers and holders of said premises, their heirs, successors, and assigns, to wit: 1. A second kitchen or second dwelling is not permitted on the premises. 2. Prior to the issuance of any Certificate of Occupancy, the Building Inspector and the property owner are requested to (a) notify the Zoning Board of Appeals that the above conditions have been completed and (b), when completed, to contact the Board of Appeals and arrange for an inspection by a representative of the Zoning Board of Appeals and followed-up in writing by ZBA to the Building Inspector, for the purpose of acceptance or other steps to conform to the above condition). 3. The connection from the house shall be heated, conditioned space connecting the accessory structure for the purpose of meeting the use provisions of the zoning code for only one-single family dwelling unit on the premises. The connection shall be as per code (at least 5 feet wide, 33.5 feet in length, and minimum 7.5 feet height). 4. The Board requires a certified copy of the plans and specifications regarding the one-story connection unit together with the type of heating, lighting and foundation for the structural connection. 5. Alternatively, if owner decides not to attach the accessory building to the main dwelling by conditioned space/connection, a certified copy of the plans and specifications prepared by a licensed professional is required, with removal of kitchen and any other nonconforming area, of conformity as an accessory building as per code before a Certificate of Occupancy is issued. 6. These covenants are intended for benefit of and shall be enforceable by the Town of Southold by injunctive relief or by any other remedy in equity or law. The failure of the Town of Southold to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. · 7. In the event that the Southold Town Code is amende(Yto permit more than one single family detached dwelling on a property or living space in a detached accessory, then, and in that event, the restrictions imposed by these covenants shall be of no force and effective and shall be null and void without necessity of fudher action. 8. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, valid or unconstitutional. THE FOREGOING covenants and restrictions shall bind the Declarant, its heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises of any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. STATE OF NEW YORK ) ss.: COUNTY OF ~'dt(~:%k- -) E£1ZA~'ETH GREE~E RECEIVED. BO, RD OF On thisRi~)l day of~'% --vX~-~:~- ,in the year 2009, before me persona y appeared ANDREW GREENE &'I=LIZABETFI GREENE, known to me or proved to me on the basis of satisfactory evidence to be the individuals whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their capacity and that by their signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. / Notar~-PlJblic " / / SCHEDULE A - DE$CI~I[PT1'ON Amended 07/08/05 AIL that certain plot, piece or parcel Df I~d. situate, lying a'nd being at Peconlc, Town of Southold, County of Suffolk end State Df New York, more particularly bounded and described es f~llows: BEGI~/NING at an interior point at the division line between the nor:heastedy side Of hereinafter described parcel and the southwestedy, side of land now or formerly of Wicks, formerly of Don~allskl; said point being the follow~ng eight (8) courses and distances ~rom a point on the no.'therl¥ side of Plld01e Road (C, R. 48) where the same Is Intersected by the · southwesteHy side of land now .or ~drmerly of 3oho and Barbara Ebellng: feet; 1, North 42 degrees 11 minutes 30 seconds ~Nest along land now or formerly of Ebellng0 162.49 2, North 47 degrees 48 minutes 30 seconds East sUII along land now or formerly of EbeJIng, 2:13,72 feet to the westerly side of land now or tbrmerly of Wicks; 3. Along said westerly side of land now or formerly of Wicks North 42 degrees :L:1 mioutes 30 seconds West, 354.87 feet; 4, North 4S degrees 37 minutes 40 seconds West, 441.28 feet; RECEIVEDL MAR II ] 2010 S. North ~1 degrees :17 minutes 10 seconds West. 1415.70 feet; 6. North SO degrees 03 minutes :10 seconds West, 1149.00 ~eet; BOARD OF APPEALS ?. North 50 degrees 43 minutes 40 seconds.West, 399.?0 feet; 8, North 50 degrees 53 minutes West, 85.81 feet to the true point of E;EGINN[NG; RUNNING THENCE from the said true point of BEGZNNING, South 40 degrees 57 mir~utes 10 seconds West, 12cJ.66 feet; THENCE North 49 degrees 02 minutes SO seconds West, 643.70 feet; RUNNZNG THENCE North q degrees 02 minutes 50 secohds West. S0.00 feet; RUNNING THENCE North 54 degrees ~,3 minutes 30 seconds west, 84.66 feet to the mean high water of Long Island Sound; THENCE on a Ue along :he mean high water of Long ~sland Sound, North 83 degrees; 25 minutes 50 seconds East~ 1:1. S.3:1 feet to the Southwesterly s/de of land now or formerly of Hicks; THENCE along said land the following two (2) courses and distances: 1, South 50 degre~ 20 minutes 40 seconds East, 539.30 feet; 'and 2. South 50 degrees 53 minutes East, 146.42' feet to the point or place of BEGINN:ING. TOGETHER WITH a right ~f way for Ingress and egress and ~tility services to and from to County Road 48 as follows: BEGINNING at a monument on :he northwesterly side'of County Road 48 (formerly known as County Road 27 and Micldle Road), where the same is Intersected by ~he southwesterly line of land of~ Florence Wicks (formerly of I~ronislaw Domaleskl) and the northeasterly line of land of John and Barbara Ebellng; ~rom said point of beginning; .... RUNNZNG THENCE along the no,J1 wes1:erly side of County I~ad (f~rmerly I~lown es County Rned-27.and Niddle Ro~d) South 68 degrees .5? mlnut~ 00 seconds W~t a distance of 19.51 feet; RUNNING THENCE ~mugh la~s ~ 3ohn Ebellng and Ba~a~ Ebellng ~e following '~hree (3) cou~ and dl~s: North 42 degrees'35 'minutes 32 seconds West, 89.29 feet; 2. North 40 degrees 52 minutes 39 seconds West, 77.29 feet; 3. North 43 degrees 08 minutes 43 seconds West, 71.,56 feet to land of Thomas P. McGunnigle and Stephen 3. McGunnlgle; THENCE along land of.lohn Eloellng and Barbara Ebellng, South 47 degrees 48 minul:eS 30 seconds West, 1.75 feet; RUNN][NG THENCE through lands of Thomas P, t4cC-unnlgle and Stephen 3. PlcGunnlole the following ~L=~--~iVED (13) courses and distances: 1. North 42 degrees 1:[ minutes 30 seconds West, ~ distance or 100.0o feet; 2. North 36 degrees 28 minutes 50 seconds West, a distance of 50.24 :feet; 3. North 42 degree~ 1! minutes 30 seconds West, a distance of 204.4~: feat; 4. North 45 ~Jegrees 37 minutes 40 seconds West, a distance or 440.0cl feet; 5, North 5~ degrees 17 minutes 10 second West, a distance of 1~4!$,]2 feet; 6. North 50 degrees 03 mlnutos 7 seconds West, a distance of 287.63 I~et; 7. Westerly along the arc of a curve baying a radius of SD.On feet, and beark~g to th left, a distance OF 52.36 feet; . UAR 3 12010 BOARD OF APPEALS 8, South 69 degrees 56 minutes 50 seconds West, a distance of 83.89 feet,' 9, Westerly along the arc OF a curve haying a radios of.65.00 feet and laearlng to the right, a distance of 67,77 feet; 10. North 50 degrees 18 minutes 40 seconds Wesea distance of 1,208.1~ feet; 11. North 45 degrees 02 minutes 50 seconds West, a distance of 80.48 reet; 12. Westerly along the arc of,~ curve having a radius of $0.O0 feet and bearing to the left, a distance of 294,75 feet; 13. South '36 degrees 57 minutes O0 seconds West, a distance or' 294.75 feet t~ the northeasteHy line of land now Or formerly of Stepan Hinakyan and others (formerly Clarence F. DIIter); RUNNING THENCE Nogth 49 degrees 02 minu~s 50 seconds West along the last: mentioned land, a distance ~3f 15.04 feet to the land of Henry Reichman and StelJa Relchman; RUNNING THENCE along land or' Henry Relchman, Stella Relchman, Peter ]. Troyano and Margaret S. Troyono, North 36 degrees S7 minutes 10 seconds East · distance of 353.41 feet to the land OF Leo Melissafis/ RUNNING THENCE along the land of Leo IVlessarls, South 44 degrees 42 minutes SO seconds East a distance of 150.00 feet to lands of Thomas P. /'fcGunnlgle ~.nd Stephen .1. McGunnigle; RUNNING THENCE t~rough the lands of Thomas P. PIcGunnlgle and St~phert 3. f4cGunnlgle, ~ ~ll~lng four (4) ~U~es a~ divans: ' 1. ~h ~ d~mes ~8 mlnu~s 4~ s~ds East a d~tanc~ of/,'207.98 ~et; 2, ~y elo~ the arc of a cuwe having e ~di~ ~ 50.~ baHs'to the I~ a d~n~ of 52,Z3 North 69 degrees $6 rn~nutes S0 seconds East a distance of 83.89 I'eet; 4. Easterly along the arc of a cUrve having a radius of 65.00 feet bearing to the right a distance of 68.07 feet to the southwesterly line of land now or formerly of Florence Wicks (formerly Bronlslaw Domale'skl); - THENCE along saki land of Florence Wicks the following four (4) courses and distances: 1. SOuth 50 degrees 03 .minutes 10 seconds East a distance of 287.47 feet; 2, gouth 51 degrees 17 minutes :10 seconds East a distance of* 1,41,~L70 feet; 3, Seuth 45 degrees 37 mlnu~es 40 seconds East a dlstance or 441,2B [eet; 4, South 4Z degrees 11 minutes 30 seconds East a distance of 354.87 feet to e point where the northerly combr of land of 3ohn and B~rbara Ebelieg Intersects with the westerly line of land of Florence RUNNING THENCE along the property llne of Roreoce Wicks and .1oho and E~arbar~, Ebeling, south 42 degrees 11 minutes 30 second East a distance of 24S.13 feet to the aforemenUoned monument on the northwesterly side of County Road 48 at the point or place of BEG[NNZNG. -. RECEIVED i'3"~ ~ MAR 9 12010 BOARD OF APPEALS QUESTIONNAIRE I~)R ]HI.,ING WITH YOUR/,.B.A. APPLICATION A. Is the subjecJ,,premises listed on the real estate market for sale? [] Yes ffNo B. Ar/e there any proposals to change or alter land contours? ~ No [] Yes, please explain On attached sheet. RECEIVED MAR 8 1 ZOIO BOARD OF APPEALS 1) Are there areas that contain sand or wetland grasses? 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the ~ow~. Trustees for its determination of jurisdiction? ¥~ Please confirm status of your ~nqmry or application with the Trustees: Comt%gr'~r2 f~(~v&,~'$to~V j,,V. fP~'¢l-to,~0 and if issued, please attach copies of permit with conditions and approved map. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level7 ~0 Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? ~'qf0 (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? 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 pa~rcel and proposed use C Arr~ ¢.. i,v tl'~ ,~S: existing: single-family; proposed: same with garage or pool, or other description.) 2/05; 1/07 617.21 SEQR RECEIVED MAR Il 12010 BOARD OF APPEALS Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTION8 Only PART I - Project Information (To be complete by Applieaat or Project sponsor) 1. Applicant / Sponsor 2. Project Name 3. Project location: Municipatity County d. Precise location (Street add?ess and road intemectlons, prominent landmarks, etc. oZr provide map) 5. Is proposed action: I' ) NEW ( ) EXPANSION ( ) MODIFICATION/ALTERATION 6. Describe project bdefly: 7, Amount of land affected: Ilnltially: acres; Ultimately: acres 8. Will proposed action comply with existing or other bxJsting land use resections:(/,~'¢'ES ( ) NO If No, describe bdefly: What is present land use in vicinity of project: (describe): l( v~esidential ( ) Industrial ( ) Commercial ( )Agricultural ( ) ParkJForest/Open Space ( ) Other 10, D/ges act{on Involve a permit approval or funding, now or ultlmatety from any other Governmental agency,(Federal, State or Local) ? ( 't/)'YES ( ) NO If Yes, list agency(s) and permit/approvals: 11. Does any aspect of the action h~ve a currently vatid permit or approval? ( ) YES (/_~4',~T If Yes, list agency(s) and permit/approvals: 12. As a result of p,.~:?osed action, will existing permit/approval require modification? [! ) YES (~'~NO If Yes. list agency(s) and permil/approvals: I certify that the information provided above is true to the best of my kn, owledge Applicant / Sponsor Name: /J .A.,z.') j, / /-- ,,,. ~ ..~ Date: ~f~ /_ ~ - ,~ / /.,/,,~,,..~-v O~,-crt~l.-E ~7~T~-~/,3 If the actJ~"J~ iff the Oe~stal A'~'a, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment APP .... ~dNSACTIONAL DISCLOSURE 1~O~ LICA]~ TO OWNER, CONTRACT VENDEE ~) AGENT: The Town of 8outhold's Code o£ 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. (Last name, first name, middle in~tial, unS-~ss you are applying in the name o£ 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.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone -- Tax Grievance mcr name the act~mty: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee,,o,f the Town of S?,,uthold? "Relationship" includes by blood, marriage, or business interest Business interest means a business~including a · P__.artuers~which the Town officer or em l~.[gx~ has e~en a pa~-al ownership of (or em~3~loyment b~¥) a corporatio~n in which the Town officer or em_l~_loyee owns more th~ YES NO If you answered "JFES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) 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. RECEIVED MAR 3 ! BOARD OF APPEAL.$ DESCRIPTION OF RELATIONSHIP Submitted this Signature:.~ ~~~fl~ ~ Print Name~7~,;~ RECEIVED AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD MAR 31 Z010 BOARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use perrMt, site plan approval, use variance, or subdivision approval on property within an agricultural district' OR within $00 feet of a farm operaiion located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: AW'ag~'W 4 ~"t-,t 2) AddressofApplicant: 306.,{'g C~Ot/rvT'~ 3) Name of Land Owner (iYother than applicant): 4) Address of Land Owner: 5) Description o£Proposed Project: ~-l.z t ~.~ t,-.~ 6)Location afProperty (road and tax map number): 5t~6(3 C~t/n~t ~.n~ ~ ,'q~'C.~vtCr' 4~'-/3 7) Is the parcel within an agricultural district? []No I-lyes If yes, Agricultural District Number 8) Is this parcel actively farmed? [~o []Yes 9) Name and address of any owner(s) 'of land within the agricultural district contaimng active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be .available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbe~:s on the Town of Southold Real Property Tax System. N~m¢ and Address i. t,uc ' LLC (Please U~e back side of page if more than six property owners are identified.) The 1~ numbers may be obtained, in advance, when requested from either the Office of the Planning Board al - ~ureofApphc~'* z ~. ~t Dat~ Note: 1. ~e Ioml boa~ ~ll miicit comments from the own~ of land identifi~ a~ve in ard~ to consid~ the eff~t of ~he propos~ acti6n on ~eir f~ opmtion. Solicitation will ~ made by supplying a copy of this s~t~t 2. Comm~m re~m~ to me local board will be t~en into considmtion ~ p~ of the ovmll ~w of this applicmion. 3. C~i~ of the compl~ ~ghcuttuml Data gtat~t shall be s~t by applic~t ~or ~e cl~ of the b~d to ~e prepay own~ id~tifi~ a~ve. ~e cost for mailing shall be paid by the applicant at the time the a~lication is su~itt~ for review. Failure to pay at such time mmns the application is not complete and cannot be a~t~ upon by the ~aM. -14-09 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local 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. RECEIVED DESCRIPTION OF SITE AND PROPOSED ACTION [~][R ~] 1 ?010 BOARD OF APPEALS scm# The Application has been submitted to (check appropriate response): TownBoard [~ Planning Dept. [] BnildingDept. [] BoardofTrnstees [] 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: Location of action: Site acreage: Present land use: Present zoning classification: 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: (b) Mailing address: (c) Telephone number: Area Code ( ) (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 agencyT 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. [] 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 III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [~(Not Applicable - please explain) Anach additional sheets if necessary Policy 3. LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ¢ Yes [] No [~ot Applicable - please explain) Enhance visual quality and protect scenic resources throughout the Town of Southoid. See 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) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes [] No t~L~(Not applicable ~.please explain) 'T').4 Poo - /t,.'z, ¢q"- 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 th rough 32 for evaluation criteria. [] Yes [] No ~(Not Applicable- please explain). Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - 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. F~ 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) f,,"~c A ~ce.r~r ~r ~ ~ lyS~ .~ ~6~f ~ 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 dot 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 [~"~ot Al~plicable - please explain 8o ooJr.-o Foot..- TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net Examined ,20 Approved Disapproved a/c ~,-n~l ~. od I o ,20__ Expiration ,20 PERMIT NO. BUILDINC~RMIT APPLICATION CHECKLIST Do~l~ have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Tmstees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone:~o~O _~ O/7g Building Inspector APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date /~ ~'M }"~ ,20 10 a. This application MUST be completely filled in by typewriter or in ink and submitted 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 of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall 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 purpose 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. Thereafter, 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 of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with ali applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ~//~.~ ~ (Signafia~ of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ../~rWP ~ W AwO ~"-/-~ t'Z ~ P~ e ~"~ (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 Lic~mse No. Plumbers License No. Electricians License No. Other Trade's License No. REC:E]VED(o MAR 3 12010 BOARD OF APPEALS Location of land on which proposed work will be done: House Number Street County Tax Map No. 1000 Section Subdivision Hamlet Block Lot Lot State existing use and occupancy of premises ~d intended use and oc~hp,ap? of proposed construction: a. Existinguseandoccupancy ~tWgC¢ I-,q.~tc.t~ ,O}.VELLi;ff~ b. Intendeduseandoccupancy ffI,,/t''''xr~'v~ ~?~'"- ~C~'~.fZ',g(~ S"Tii'c,'Cq-~re¢ 3. Nature of work (check which applicable): New Building Repair Removal Demolition. 4. Estimated Cost -~ ~'-~! O90 Fee 5. If dwelling, number of dwelling units If garage, number of cars Addition. Other Work Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 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 "-/Ox 3YRe r .Depth 8. Dimensions of entire new construction: Front Height Number of Stories I'/J~/ Rear ~/~'" Depth ~/ 9. Sizeoflot: Front 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated ~ -'o~ O 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 ofpremises~t~ ~_ Address ~ ~('6~,n ¢~ Phone No. q&'~ ~d4W' Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES I~NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES / NO __ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) -, SS: 3~q~r~[X) j 6[rfl~ I, le being duly swom, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this j ',~ day of {/V~J K~,.*o,-,, ...... Pubhc' ../l ...t ..PE..N. NY..~.EO~.k~uO,C ' ' ~-~'S*ignature' of Apphcant' - Oua, ifle~.ln,Suff~k Co_u, nty ~omrmsmofl Town Board of A eals TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3294 Application Dated September 20:]984 TO: Richard F. Lark, esq. as Attorney for PETER d. AND MARGARET S. TROYANO Main Road - Box 973 Cutchogue, NY I1935 RECEIVED, .~.~ [Appellant (s) ] ~ ~AR il 12010 BOARD OF APPEALS At a Meeting of the Zoning Board of Appeals held on March 28, ]985, the above appeal was considered, and the action indic~e~bel6w was taken on your {X] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Bequest for Special Exception under the Zoning Ordinance Article , Section [ ] Request for Variance to the Zoning Ordinance Article , Section Request for Application for PETER J. AND MARGARET TROYANO, c/o R.F, Lark, Esq., Main Road, Cutchogue, ]Tt~l1935--for a ygri-~ to N~w York Town Law, Section 280-a for approva] or access over a private right-of-way lo- cated on the north side of C,R. 48, Peconic (alon9 ]and now or formerly McGunnigle) to premises known and identified as District ]000, Sectiop. 73, Block 4, Lot 4. ' ' WHEREAS, a public hearing was held and concluded on February 14, 1985, concerning the Matter of PETER J. AND MARGARET S. TROYANO under Appeal No. 3294; and WHEREAS, the board has considered all testimony and documentation entered into the record during the public hearing, in behalf and in opposition to this application; and WHEREAS, the board members have personally viewed and are familiar with the right-of-way and premises 5n question, as well as its surround- ing area; and WHEREAS, the board made the following findings of fact: I. The property in question is located in all "A" Residential and Agricultural Zoning District, is situate along a private right-of-way which extends approximately 4,238.45 feet from the northerly side of Middle Road (C.R. 48), at Peconic, and is more particularly identified on the Suffo]k County 7ax Maps as District 1000, Section 73, Block 4, Lot 4and is 2. The subject premises contains as a whole 4.3475 acres with 290.10' frontage along a westerly extension of the right-of-way in question; the premises has received conditional approval from the Southold Town Planning Board for a set-off division of ]and, lot 1 of an area of 106,000 sq. ft. and frontage of 100 feet, and Lot 2 of an area of 85,000 sq. ft. and frontage of 139 feet. 3. By this application, appellants request approval of access as required by New York Town Law, Section 280-a, apparently for both lots #1, which ia presently improved with one, one-family dwelling with (CONTINUED ON PAGE TWO) DATED: April 3, lg85. Eorm ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TO~N ZONING BOARD OF APPEALS Page 2 - Appeal No. 3294 Matter of PETER J. AND MARGARET S. TROYANO Decision Rendered March 28, 1985 attached garage, and #2, which is presently vacant except for a small frame storage-type shed situated below the bluff area. 4. It appears from the testimony received that if improvements were required by this board which would el.evate the road, further flooding onto neighboring lands would be created. 5. Road Report No. 408 confirms a traveled width of the right-of-way to vary from ll to 15 feet, and that the road is well- stabilized with sand, gravel and loam throughout most of the right-of-way. There are however a few flooding areas due to the left side sloping down and a few depressions. Raising the road at the highest existing eleva- tions would cause additional flooding onto neighboring lands. 6. Subsequent inspections have been made by the board members and it is their opinion that the most feasible way to help eliminate flooding and icing of the right-of-way would be to re-grade, and add bank- run, to an average height of the natural contour of both sides, and as otherwise noted below. In considering this application, the board determines that the variance be granted as noted below since: (a) this right-of-way appears to be the only principal ingress and egress to the appellants' property and property presently of Reichman; (b) this right-of-way has been used by appellants since 1956, and the location of same has been settled by an Agreement dated March 10, 1983, filed under Suffolk County Supreme Court Index No. 81-22565; (c) the relief requested is not substantial; (d) there will be no substantial change in the character of the neighborhood or substantial ~etri- merit to adjoining properties if the variance is granted as conditionally noted below; (e) the circumstances of the appeal are unique and there is no other method feasible for appellants to pursue other khan a variance; (f) in view of the manner in which the difficulty arose, justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, to grant approval of access applied for under Appeal No. 3294 in the Matter of PETER J. AND MARGARET S. TROYANO over the private right-of-way located on the North Side of C.R. 48 at Peconic to both lots known and identified as District 1000, Section 73, Block 4, Lot 4, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the entire right-of-way be re-graded for a width of 15 feet extending from its beginning at the north side of C.R. 48 to the lots in question, and further improved as follows: (a) For the first 245.13 feet of existing bluestone, depressions to be patched; (b) For the next 354.87 feet, the right-of-way be brought up to the average height of the natural contours along both sides of the right-of-way with bankrun; (c) For the next 1856.98 feet, regrade and patch depressions with bankrun; (d) For the next 550+ feet, the right-of-way be brought up to the average height of the natural contours along both sides of the right-of-way with bankrun; Page 3 - Appeal No. 3294 Matter of PETER J. ^RD MARGARET S. TROYANO Decision Rendered March 28, 1~ (e) For the next 1500e feet, raise to peak elevation of pipe with bankrun and regrade; (f) For the next 700± feet run~n9 northerly, and 264 feet running in a westerly direction, fill depressions and potholes with bankrun and regrade where necessary; 2. Constant maintenance of the entire right-of-way; 3. All improvements to be made within the legal boundaries of the subject right-of-way; 4. Final acceptance to be made in writing by the Board of Appeals, of the above conditions and improvements; or, if made by the Building Inspector, a copy of his written report/acceptance to be submitted to the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk GE'RARB P. GOEHRING£R, C~TAIRMAN April 3, 1985 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 RECEIVED BOARD OF APPEALS FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 28, 2009 ZBA File ~235- ANDREW and ELIZABETH GREENE Location of Property: 30653 C.R. 48, a/Ida Middle Road or North Road), Peconic; CTM 73-44 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the properly under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, withoul further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODF: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Depadment of Planning issued its reply stating that this application is considered a malter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is exempt under Town Code Chapter 268 for the reason the relief requested is in a location greater than 100 feet from the top of the Long Island Sound bluff or bank, and greater than 100 feet from the established Coastal Zone Management boundary line. PROPERTY FACTS: The property is located in the R-80 Residential Zone District and the applicant's survey shows approximately 74,000 square feet (1.7 acres) of buildable area, and approximately 11,200 square feet of unbuildable area north of the Coastal Zone Management boundary line, or total area of 1.9491 acres. The property is improved with a single-family dwelling and new garage building under construction (Building Permil # 29436). BASIS OF APPLICATION: Request for a Variance under Code Section 280-14, based on the Building Inspector's March 20, 2009 Notice of Disapproval concerning an amended application for a building permit to conSlruct an addition (conditioned space) to attach the as-built conslrucfion to the dwelling, which as-built construction will be less than the code~required 20 fi. minimum from the side yard. RELIEF REQUESTED (Oriqinal Application): The applicants' original application was based on the Building InspeCtor's Notice of Disapproval dated June 30, 2008 and their building permit application for non-permitted use of an as-built accessory building (as-built accessory apartment). This Page 2 - May 28, 2009 ZBA # 6235 - Andrew and Elizabeth Greene CTM 73-4-5 variance application was withdrawn by the applicants on March 20, 2009 regarding lhe use variance for as-built accessory apartment and/or home office use in the new garage construction, which uses were not permitted under Zoning Code Section 280-12 and Section 280-13C-2-a. RELIEF REQUESTED (Amended Application): Subsequent to the January 9, 2009 public headng, the owners submitted an amended application to the Building Inspector, and based on the Building Inspector's March 20, 2009 Notice of Disapproval, a vadance application was filed requesting a side yard setback at 10 feet of the accessory building, proposing conformity of the building floor area, with one of the following two options: (1) proposing an addition conveding the building to a conforming use and connecting the accessory garage to the dwelling, resulting in only an area vadance for a side yard setback at 10 feet instead of the code-required 20 feel from the side yard property line provided under Code Section 280-14, or (2) proposing the as-built setback in the event the connection to the dwelling is not built for a 10 ft. side yard setback after converting the as-built accessory garage to a conforming use as per Code (without the as-built kitchen, bedroom/sleeping facilities, full bathroom). FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on January 8, 2009 and April 23, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the properly, and other evidence, the Zoning Board finds the following facts to be true and relevant: REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: After a groat deal of testimony and discussions between the applicants, the applicants' attorney, and Board Members at the first hearing on January 8, 2009, the applicants found themselves in a dilemma since the Board was very reluctant about granting a second dwelling on this property for the as-built construction without permits. This left the applicants with only one of the following two options: to connect the main dwelling to the accessory building with a heated connection and to bring the use of the building aroa into conformity with the Code, or alternatively not connect the main dwelling io this building and to remove the nonconforming as-built home office and living space aroa. (The first option is similar to that required under ZBA File #5667 issued March 10, 2005 concemir{g premises located in Orient, NY.) 1. Town Law .~267-b(3)(b)(3)(1). Grant of the alternative relief (allowing only a setback reduction on a single side yard) will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants submilted an amended application, removing the request for relief for a use variance, and seeking alternative relief to connect their home and the two story-garage (presently a detached, separale building with non-permitted living space). The accessory building that exists is not conforming as built, since it conlains as-built sleeping quarters on lhe second story and has only 10 feet from the side lot line instead of the code required 20 ft. setback.' The connection between the two buildings as proposed will be conditioned, heated space, to bring, the building into cohformity with the code for either an accessory building use, or an Page 3 - May 28, 2009 ZBA # 6235 - Andrew and Elizabeth Greene CTM 73-4-5 addition to the dwelling. The dimensions of the garage without the connection are 24.3' by 36.2' and lies 10 feet from the easterly property line. The alternative relief that is requested is an area vadance for the as-built 10 ft. side yard setback, resulting in a 50% reduction in code requirement from the 20 ft. minimum requirement. The applicants have agreed and will remove all kitchen facilities, to include wet bar from the as built second story improvements made to the as-built portions of this building. 2. Town Law ~267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some melhod, feasible for the applicant to pursue, other than an area variance. The applicants have two options: (1) to link the freestanding garage to the two-story, single-family home, accommodated by a heated hallway-type connection between the two buildings, to meet the cede use previsions, and not as an accessory apartment, or (2) to convert with a building permit, the as-built detached garage building to a legal accessory garage wilhout kitchen or sleeping quarters, applying the 10 ft. side yard vadance granted in this application, without the need to apply with a new application. 3. Town Law §267-b(3)(b)13). The variance requested herein is substantial, resulting in a 50% reduction from the code required 20 feet, and there is no alternative to increase the setback because the building location was noted as an allowable setback under building permit # 4. Town Law ~267~b(3)lb)(5). The difficulty is self created and is related to the as built areas of the accessory garage construction under Building Permit # 29436. 5. Town Law .~267-b(3)('b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law §267-b Grant of the amended relief is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of new construction (alternative relief with conditions as an accessory or alternatively as an addition to the dwelling), while preserving and protecting lhe character of the neighborhood. RESOLUTION OF THE BOARD: In considering all of Ihe above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairman Goehringer, seconded by Member Weisman, and duly carried, to DENY the ~pplication requested concerning lhe as-built structure, denying a second dwelling unit on this properly, and denying an accessory garage with nonconforming kitchen and/or sleeping quarters, AND TO GRANT relief as requested in the amended application subject to the following conditions: 1. A second kitchen or second dwelling is not permitted on the premises. Page 4 - May 28, 2009 ZBA # 6235 - Andrew and Elizabeth Greene CTM 73-4-5 2. Prior to the issuance of any Certificate of Occupancy, the Building Inspector and the property owner are requested to (a) notJfy the Zoning Board of Appeals that the above conditions have been completed, and (b) when completed, to contact the Board of Appeals and arrange for an inspection by a representative of the Zoning Board of Appeals and followed up in writing by ZBA to the Building Inspector, for the purpose of acceptance or other steps to conform to the above condition). 3. The connection from the house shall be heated, conditioned space connecting lhe accessory structure, for the purpose of meeting the use provisions of the zoning code for only one single-family dwelling unit on the premises. The connection shall be as per code (at least 5 feet wide, 33.5 feet in length, and minimum 7.5 feet height). 4. The Board requires a certified copy of the plans and specifications regarding the one- story connection unit together with {he lype of heating, lighting and foundation for the structural connection. 5. Alternatively, if owner decides nol to attach the accessory building to the main dwelling by conditioned space/connection, a certified copy of the plans and specifications prepared by a licensed professional is required, with removal of kitchen and any other nonconforming area, for conformity as an accessory building as per code before a Certificate of Occupancy is issued. 6. A Declaration of Covenants and Resldctions shall be submitted in recordable form within 90 days of the receipt of this decision for approval by the Town Attorney, slating restrictibns at this properly for limitation of only one single-family dwelling on this property and garage addition or accessory garage as per code (and with vadance for 10 ft. side yard. This Covenant must be filed by the applicant's attorney with the Suffolk County Clerk'sO~ice, and a conformed copy shall be fumished to ZBA and Town Attorney for the permanent official ZBA and Building Depadment files. The above conditions shall be wriffen into the Building inspector's Certificate of Occupancy, when issued. Any deviation from the variance given such as extensions, or demolitions which are not shown on the 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 olher feature o! the subject property Ihat may violale the Zoning Code, olher than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimus in nature for an alteration that does not increase the degree of nonconforrni~y. Vote of the Board: Ayes: Members Goeh_~on,,"~'l'~an, and--,Scbneider. -(Member Oliva was absent.) This Resolutionj#as~d~ly adopted~-(4-' --I -- ~ / I ' / GER'~. GOEHRINGER, CHAIRMAN z-.-- // ' ApjSr'oved for Filing /' ,~, ..... ,,U, 2 2009 '~/u~'fhol4 Town Cler~ t/AR ,:3 1 2010 BOARD OF APPEALS ~ ,,~,, ~URVEY OF PROPERTY ~ ~'~ "~ A T PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, NY. 1000 - 73 - 04 - 0.3 SCALE: I" = 60' ~, ~o}~ ~ , ~ DEC. 26, 2001 UAR ~ 1 ZO~O BOARD OF APPEAL BOARD OF APPEALS BOARD OF APPEALS BOARD OF APPEALS RECEIVED BOA~.D OF APPEALS I ,9..l-e ~[. Jd,~,~ C...~. J S WPE OF BUILDING _~-~q~ s~s. w.~ ~ co~. c~. ~,cs. ~,. ,~,~, ~ IMP. TOTAL DATE R~RKS 'illable Vooclland FRONTAGE ON WATER Aeadowlo~d DEPTH (ouse Plot BULKHEAD 'otol 'l 1l TRIM 73.-4-~ 3/06 ~tension ~tension ~ ~ ~.~ Foundation A Bath 3~ ~l~ Dine,e I ~ ~ ~-~,J S~o /,> ~O Basement ~ Fl~rs K. Porch _ ~J Walls ~ - Interior Finish LR. Breezeway Fire Place V~~ C~j Heat DR. ~g~V~4 ~ ~ ~ = ~ ~ ~ TYPe ~f ,~ Rooms 1st Floor BR. Patio ~ ' R~reation R~m R~ms 2nd Flor ~ J o... ~ ~ ~orm., ~r,~.w., ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold; New York 11971 Fe~x (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville April 5, 2010 Zoning Appeal No. 6387 Transmitted herewith is Zoning Appeals No. 6387 of Andrew & Elizabeth Greene - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, LWRP Consistency Assessment Form, Copy of Building Permit with Disapproval Dated March 24, 2010, Notice of Disapproval from Building Department Dated March 24, 2010, Copy of Property Record Card (Both Sides), 3 Pages of Drawings of Retaining Wall from Different Directions, 6 Pages of Declaration of Covenants & Restrictions, 4 Pages of Photos of Property with Pool Area Stakes Out, Zoning Board of Appeals #3294 Dated September 20, 1984, Letter to ZBA Withdrawing Application #5731 Dated March 4, 2009, Zoning Board of Appeals #6235 Dated May 28, 2009, Survey of Property Showing Property as it Exists Dated May 15, 2008 Prepared by Peconic Surveyors, P.C., Copy of Survey Showing Existing & Proposed Construction Dated March 29, 2010 Prepared by Peconic Surveyors, P.C. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 04/01/10 * * * RECEIPT * * * Receipl~: 75786 Transaction(s): 1 1 Application Fees Reference Subtotal 6387 $400.00 Check,:1841 Total Paid: $400.00 Name: Greene, Andrew 30653 Cr 48 Peconic, NY 11958 Clerk ID: CAROLH internal ID: 6387 Town of Southold P,O Box 1179 Southold, NY 11971 Date: 04/08/11 * * * RECEIPT * * * Receipt~: 100162 Transaction(s): I 1 Application Fees Reference Subtotal 6387 $250.00 Credit Card Total Paid: $250.00 Name: Greene, Andrew 30653 Cr 48 Peconic, NY 11958 Clerk ID: CAROLH Internal ID: 6387 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 4-7-11 ZBA # NAME OF APPLICANT CREDIT AMOUNT TC DATE STAMP CARD Additional R£¢£1VED fee 6387 GREENE, Andrew MasterCard $250.0O APR - 8 20tl Sc uthold Town Clerk TOTAL $250.00 Sent via Inter-Office to Town Clerk by: Thank you. ES Zoning BOard of Appeals: Southotd, NY 11971 306,53 C~n~ Road 48 Peconic; NY 11958 631~920~2664 March16,2011 BOARD OF APPEALS To Whorn it May ~n~rn: After last week's meeti~ whibh clarified how we would proceed in obtaining Se Ce~ of Oe(tupanw for our accesso~ building, we have already ~un to take the steps which w~l allow us to receive this in short ~urse, In light ~ this, we ~u!d like tO respectfully request that the other matter ~ndir~ before the Board; regarding a varian~ for a permit for a swimming pool, be allowed to proceed end be gk~en a hearing at the soonest possible meeting where there is availabili~: .Given the lead time necessa~ before the Boa[d wilt be able to consider it, we have no doubt tflat [he accesso~ building!s certificate will :be ir~ place before then, In the unlil~ely even[that did not oc~r, we would be willi;ng to ~ithdraw the matter ff(~m the hearing until such time that the certtfi~e was in place. Thank you ~ryour kind consideration. 'Very ~ulyy~rs, Andrew Grebe 30653 Coun~Road48 Peconic, NY 11958 631-920-2664 ~greeneS~yahoo.com May 31, 2011 MAy 8 1 2011 BOARD OF, ppe AL$ Zoning Board of Appeals Town of Southold Southold, NY 11971 Re: Application #6387 Dear Chairperson and Board Members: I am writing to request the adjournment of the above applications. We have been working with Joe Fischetti on modifications to the existing proposal that Oill significantly minimize the relief needed for the project. These changes cannot be completed by June 2. We apologize for the late notice and would be most appreciative if our heating could be placed on the calendar for July 7. Thank you very much for your consideration. Sincerely yours, Andrew Greene l'own of Southold Annex 5/4/2011 54375 Main Road Southold, New York 11971 CERTIFICATE OF OCCUPANCY No: 34942 Date: 5/4/2011 THIS CERTIFIES that the building ACCESSORY GARAGE Location of Property: 30653 CR 48, Peconic, NY 11958, . SCTM #: 473889 Sec/Block/Lot: 73.-4-5 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 6/15/2009 pursuant to which Building Permit No. 34775 dated 6/15/2009 was issued, and confbnns to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: nonhabitable accessory garage with 1/2 bath. The certificate is issued to Greene, Andrew & Greene, Elizabeth (OW~Er~) of the aforesaid building. SUEFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED R10-02-0014 6/23/05 2051678 1/23/06 5/4/11 Mike Jacobi v Atl~horized Signature 30653 County Road 48 Peconic, NY 11958 631-920-2664 ajgreene8~yahoo.com April 27, 2011 RECEZVED APR 2 8 2011 BOARD OF APPEAL~ Zoning Board of Appeals Town of Southold Southold, NY 11971 Re: Application #6387 To Whom It May Concern: Enclosed please find additional information to be added to our file for our application to the Board. These reflect changes that have occurred in the year plus since the application was first submitted. This includes: · Amended answers to 3 of the questions on the original application · The decision of the Board of Southold Town Trustees and the permit granted. · Photographs of the bluff showing its dense, natural vegetation. Please note the proposed pool would not touch any of this natural vegetation; it is only on what is currently lawn. · Plans by Joseph Fischetti, Licensed Professional Engineer, for the pool and the retaining walls (I believe that this is in the file already, but wanted to be sure). As some of you are already aware and as is noted on one of our amended answers referred to above, we have listed our property for sale. Therefore, unless the property fails to sell, we will not be the owners who ultimately construct the pool. Them have been a number of inquiries about putting a pool in this location, so our aim at this stage to be able to provide the purchaser with an approved envelope for a pool. In addition to the information enclosed, we may be submitting a letter fi.om Mr. Rob He,,mann of En-Consultants, Inc. in the event that he is not available to speak on the day of the hearing. Please do not hesitate to contact me should you have any questions or comments. Sincerely yours, Andrew Greene Enclosures CHANGES TO QUESTIONS ON THE APPLICATION Page 2--Area Variance Reasons (2) The benefit sought by applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: There is not sufficient room to place the pool so that it is 100' fi.om the top of the bluff. There is no other viable site on the property for a pool. The only other possible space is the lawn area to the south of the accessory building. However, there are several issues with this location. First, there are extensive freshwater wetlands just a few feet over the eastern property line. Placing a pool in this location would put it very close to these wetlands. Second, the well that serves the property is located in this area and the water lines from the well go through this lawn area. Third, there is a Verizon telephone line crossing the property from east to west that is buffed in this lawn. QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? The answer to this question should be changed to YES. On April 18, 2011, the propery was listed for sale with Daniel Gale Sotheby's International Realty. C. 4. If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees and if issued, please attach copies of permit with conditions and approved map. On July 21, 2010, the Board of Trustees deemed the action to be consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code and approved the application to construct an in-ground swimming pool 53'x22' with retaining walls and surrounding fence. A copy of this decision and of the permit granted in conjunction with this are attached. In addition, the Trustees granted permission to re-vegetate a section of bluff face approximately 35' wide by 25' high on the seaward side of the bluff with beach grass and Spartina patens. This application was in response to the recommendation by Nicole Spinelli of Suffolk County Soil and Water and Conservation, who conducted a site review of the property on June 15, 2010 at the request of the Zoning Board of Appeals. Based on Ms Spinelli's recommendation and further communications with her, this section of bluff will have been re-vegetated in the Spring of2011. .J Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer July 21,2010 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 Mr. & Mrs. Andrew Greene 30653 County Road 48 Peconic, NY 11958 RE: 30653 COUNTY ROAD 48, PECONIC SCTM# 73-4-5 Dear Mr. & Mrs. Greene: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, July 21, 2010 regarding the above matter: WHEREAS, ANDREW & ELIZABETH GREENE applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated June 17, 2010, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator recommended that the proposed application be found Inconsistent with the LWRP, and, WHEREAS, the Board of Trustees has furthered Policy 4.1, 6, & 6.3 of the Local Waterfront Revitalization Program to the greatest extent possible through the imposition of the following Best Management Practice requirements: the water runoff runs landward and a vegetated buffer exists, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on July 21,2010, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that for the mitigating factors and based upon the Best Management Practice requirement imposed above, the Board of Trustees dee'rns the action to be Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5 of the Southold Town Code, and, RESOLVED, that the Board of Trustees approve the application of ANDREW & ELIZABETH GREENE to construct an in-ground swimming pool 53'x22' with retaining walls and surrounding fence, and to re-vegetate a section of bluff face approximately 35' wide by 25' high with beach grass and Spartina patens, and as depicted on the survey prepared by Peconic Surveyors, P.C., last dated March 29, 2010; and stamped approved on July 21, 2010; and on the re-vegetation plan prepared by Andrew Greene received on June 25, 2010 and stamped approved on July 21, 2010. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $ 50.00 Very truly yours, Jill .~Doherty ~ Pre,~ident, Board of Trustees JMD/eac BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7353 DATE: JULY 21~ 2010 ISSUED TO: ANDREW & ELIZABETH GREENE PROPERTY ADDRESS: 30653 COUNTY ROAD 48, PECONIC SCTM# 73-4-5 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on July 21, 2010, and in consideration of application fee in the sum of $250.00 paid by Andrew & Elizabeth Greene and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to construct an in-ground swimming pool 53'x22' with retaining walls and surrounding fence, and to re-vegetate a section of bluff face approximately 35' wide by 25' high with beach grass and Spartina patens, and as depicted on the survey prepared by Peconic Surveyors, P.C., last dated March 29, 2010, and stamped approved on July 21, 2010; and on the re-vegetation plan prepared by Andrew Greene received on June 25, 2010 and stamped approved on July 21, 2010. IN WITNESS WHEREOF, the said Board of Trtuqtees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Pennittee Andrew & Elizabeth Greene, residing at 30653 County Road 48, Peconic, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittec will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to cmnplete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause fbr revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work heroin authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of tl~e completion of the work authorized. That the Pennittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. WALE.FOR.POOL ANDREW GREENE - SGTM #'1000-75-04'0a + ..... clear typ. ~ 30" Splice.. ' TOP OF RETAINING WALL'EI~- 3~' ~#5 Bars ~ 18 "o.c. #5 Bars @ 10" o.c. 1 2" VARIES MAX, ~'*~" JOSEPH FISCHETTI,PE 1726 HOBART ROAD EOUTHOLD, NY 11971 631-765-2954 Dowel Bars ~ 10" ' 3'-0" ~ 2~ :' ~' !' :. · CONCRETE: :3600'PSI ~oll conditions aseume sand and gravel Backfill toe prior to backfilling behind wall ......... :.. RETAINING_WALL~_FOR. POOL ....... i.. '_' ' ~ ~ ANDREW GREE#E. ~CTM ~t~.7~./tJut~ ' ~LDE~E'~;,I;' ' ; ...... K'"--~- '- TOP OF RETNNING WN.L'tL 31' ~ · ~ i 3" clear typ. :~6 Bars I~ 18" o.c. #5 Bars ~ 10" o.c, t 2" VARIES MAX. Dowel Bars ~ 10" .................................. 12" each wa~ ........... ' 4'- 6" ' ' ' CONCRETE: '3l~0OPSi , STEEL: 60 KSI I i ' ~ ~ S°llc°ndlti°nsassumesandandg-ravel ~%'~~% , Backfill toe prior to backfilling behind wall I I ~u,o~.~.o,~ ~ I~]1' ~ ' ' I sou~o,~,.Y..~ ~.~-/[ ~ I.~ . , I ~_~t~on for ?~'opos~fl ~ NT$ GREENE #10298 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) RECEIVED JUL ! 3 Z011 BOARD OF APPEALS Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 30th day of June, 2011. Sworn to before me this 1__ week(s), successively, commencing on the day of LII~AM - EDWIN J. PISANI ~ - P,~pest for Variance from Code ~ ~ $ection 200-116B and the Bmld- Inspector's May 31.2011 Notice of Disapprovalbased on an application for ~ p~rmit for additions and ~ to sn existing dwelling at: 1) ~ the code required setback of 75 fe~t f~m a Imlkhead. located at: 7180 · ay ~lvd..(adj. to Oreat Pec~i¢.~y) Laa~eL NY. SCTM#1600-I26-11zg. I I~ARIO ~481'- Request for V~- ~ce f~om Code~.~i~n ~O- 123 and the B~ag Inspe~qr's May 19, 201I No- o~ Disapproval based on an applica- [d~mtions to ~ non-conformin§ buildiag I~1~.~ me ~h ,~ not be~m- I~ ufilesz..}fi~p_~se of such building ~ to a conforming use, Locatiom $CTM#10~O-l~&4-17.2 ' Road. P.O. Box 1179, Southold. New York 11971-09~9. on THURSDAY JULY 7. 2011: A~joumed from Public Hea~J Am~ 9'50AM - ROSE L. MILA~ZO RE- VOCABLE-TRUST g6471 - ~u~t for V~ ~ ~on ~13 b~ on ~ a~ ~ b~ ~t to b~d a ~ ~ a v~t lot. ~d &e B~ ~- ~s ~ ~ ~IL ~d~ ~ 18. ~1 N~ of D~ sm~ ~t ~t~'~a ~t lot (~out a ~), ~: ~ ~ ~ Drive No~ ~ ~. ~1~13-~.~ ~ ~.. ~ ~ ~ Carryover Hearings, continued from , po~ meetings and pending add~olud · e ~ lflSpmm~s Mwm~ 28+- Adjoined fxom Public Notice ~ I~o1~o~ Im~ on an Mare~ 3. 2011: aMdinntion ~ Imitdi~ pem~ m eon' L'~ PM. BENALL LLC iff~22 ~ · ~reen po~ch addition ~o ~ stnn~ Adjourned ~om Public Hea~xt~ May Ismk~ dwefiing at 1) fide yard ~etba~k 5,20H: I~s dian the code required 15 fe~ ~ - MARy BETH HF~ 214~ Haywaters Road. Cutctmg~. · '< Principal Clerk /~/~ 2011. NOTARY PUBLIC-STATE OF NEW YORK No, 01.VO6105050 Qualified In Suffolk COUntY 'Tim Board of AJ~..als will bear all p~rsmm or ~ ,~ ~s~g nat~ a~ ~ are av~a~ e f~ ~ ~or W ~ ~ of ~e he~$ ff~ ~ve~o~ ~ 6~ ~ at, (~1) 7~-I~. or by e~ ~ ~ J~ 13, ~11 ~O BO~ OF ~P~ PER~ ~375 ~ ~ ~O~ ~) ~O. ~ 11~ BOARD MEMBERS Leslie Kanes Weismm~, Chairperson James Dinizio, Jr. Gerard R Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 2, 20tl PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, JUNE 2, 2011: 9:30 AM - ANDREW GREENE #6387 - (adj. from 6130110) Request for Variance from Code Section 280-116(A) based on an application for building permit and the Building Inspector's March 24, 2010, Notice of Disapproval concerning construction of an accessory in-ground swimming pool at less than the code required setback from a bluff of t00 feet at; 30653 Route 48, (adj. to Long Island Sound) Peconic, NY. SCTM#1000-73-4- 5. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(~.Town. Southold.n¥.us. Dated: May 9, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS ~I~F_- MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htlp ://southtown.north fork.net May 6, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, June 2, 2011 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before May 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of ,your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearinq, providing the returned letter to us as soon as possible; AND not later than May 23: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later May 25st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Postin,q for receipt by our office before May 31, 2011. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls, NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: GREENE, ANDREW # 6387 SCTM #: 1000-73-4-5 VARIANCE: BLUFF SETBACK REQUEST: IN GROUND SWIMMING POOL DATE: THURS., JUNE 2, 2011 9:30 AM If you are interested in this project, you may review the fib (s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 10251 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 19th day of May, 2011. Principal Clerk ~ - (adj~ from O30/10) Request for Sworn to before me this (adj. to Long Island Sound) Pcconic, NY. increose in nonconfonnance, 2) flx~t Special Exception under Article m, (~ dayof /~ ,.~q 2011. at: 1) lc~ ~ the code required front cx~e-requixed minimum of 75 feet from the bulkhead, at; 400 Old Cove Blvd. (Beverly Rd.) (adj. to Atshamomaque 4RKqTINA SKI Pond aka Mill Creek) Southold, NY. Eat Road (adj. to Cotchogue Harbor (Great Peconic Bay)) Cutchogu~ NY 1:00 I'M - lAMES mad KA'TIlLE~N office at, (631) 7654809, or by ~ s3ogs Ma~ Road (M~sPs) JB[IC-STATE OF NEW YORK o, 01.¥~ G5050 flecl In Suffolk county TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS (Name of Applicants) SCTM Parcel # 1000- '-fig- t_/-~ COUNTY OF SUFFOLK STATE OF NEW YORK I, Aa/ote~ ~ residing at New York, being duly sworn, deposes ~d says that: On ~e /~ day of ~ ,20//, I personally m~led m the United States Post Office in ff~ , New York, by CERTIFIED MAIL, ~TU~ ~CEIPT ~QUESTED, a tree copy of the a~ched Legal Notice in Prepaid envelopes addressed to cu~ent prope~y omers shorn on the c~ent ~sessment roll verified from the official records on file with the ( ~Assessors, or ( ) Co~ty Real Property Office for every prope~y which abuts ~d is across a public or private street, or vehicul~ right-of-way of record, su~ounding t~pl}c~t'~rope~y. (Notary Public) CONNIE-D. BUNCH Notary Public, State of New York NO. 01BU6185050 C Qualified In SuffolkCounly ,.. PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. m (Endomement Required) RestriCted DeJivery Fee Irt (EPdomement Required) Total Postage & Fees Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricteq Delivery Fee (Endorsement Required) Total Postage & Fees Postage Cefiified Fee Return Receipt Fee (Endorsement Requited) Restricted DelIvepj Fee Total P~stage & Fees $ $~.~ Sent TO · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · print your name and address on the reverse so that we can tatum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: l l Cm- / O _Pr. [] Agent A, Signature X Is delivery address different flom item 17 [] Yes if YES, enter daiivery address below: [] No 3. '~lMall [] I~ Mail [] Reglstmed [] Retum Receipt for Merchandise [] insured Mall [] C.O.D. 4. Restflcted Dailve~ {Ex~a Fee) i-lyes 2..Ntiaie Numb-- ?~m~ 7010 1060 0001 1567 4382 PS Fon'n 3811, February 2004 Domestic Return Receipt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SC. IM Parcel # 1000- COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at , New York, being duly sworn, depose and say that: day of /vV'k~ ,201/ , I personally placed the Town's On the¢ Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior date of the subject hearing date, which hearing date was shown to be ~ t_/ (Signature) to the Sworn to before me this Day of ~ ,201} (Notary Public) CONNIE D. BUNCH Notary Pui~ic, State o~ New York No. 01BU6185050 C Qualffied In Sogol~Coun:4.* * near the entrance or driveway entrance of my property, as the area most visible to passerby. · Complete Items 1, 2, and 3. Alan complete Item 4 If Resfllcted Delivery Is desired, r~ ,N~eof · Print your name and address on the reverse so that we can return the card to you. :3 Addressee · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addres~cl to: 2. Al~k~e Numbe~ 7010 PS Form 3811, Feb~ary 2004 address different from item 17 ff YES, enter delivery address below: [] No I.~ Registered [] Return ReCeipt for Merchandise [] Insured Mail [] C.O.D. 4. Rse'efcted Delivery? ~d~a Fee) rlyse 1060 0001 1567 4399 · Complete Items 1, 2, and 3. Also complete item 4 ff R~[rj~d Delivery ia desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: · [] Insured Mall 2. AJrticle Nurn~ 7009 PS Form 3811, February 2004 [] E~eee M~dJ [] Retum Receipt for Membendise ~1 C.O.D. 4, R~iri~ed D~ive~,? ~.xtra Fee) [] yes 3410 0001 0392 2357 Domestic Return Receipt ·,.Comp. l.et. e_items 1,2, and 3. Also complete item 4 ff H~ed Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 2. Articie Number [] Addressee ~Receiv, ed by (Pdnt6d/~me) r c Date of Delivery J,4/9 '(' ~" ,' , ' '" - D. sdaiiveryedciresediffe~ltfrornlteml? []Yes If YES, enter delivery address below: [] No LI Registered [] Return Receipt for Merchan'~llee [] Insured Mail [] C,O.D. 4. Restricted Delivery? (Ex.lre Fee) r'l Yes 7010 1060 0001 1567 4366 PS Form 3811, February 2004 Domestic Return Receipt BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 March 21,2011 Andrew Greene 30653 County Road 48 Peconic, NY 11958 RE: ZBA#6387 Dear Mr. Greene: I have received and reviewed your letter dated March 16, 2011, requesting that your application #6387 be re-calendared for a public hearing. I have instructed the office staff to place your application on the June 2, 2011 agenda, subject to receipt of a Certificate of Occupancy for your accessory garage prior to that date. If we do not receive the required CO, your application will be adjourned. Please be advised that any proposed amendments to your application need to be submitted five weeks prior to the June 2na date. If you have any questions, please contact the office. S~ely, _ Chairperson/Department Head Zoning Board of Appeals Southold, NY 11971 30653 County Road 48 Peconic, NY 11958 631-920-2664 March 16, 2011 BOARD OF APPEALS To VVhom It May Concern: After last week's meeting which clarified how we would proceed in obtaining the Certificate of Occupancy for our accessory building, we have already begun to take the steps which will allow us to receive this in short course. In light of this, we would like to respectfully request that the other matter pending before the Board regarding a variance for a permit for a swimming pool, be allowed to proceed and be given a hearing at the soonest possible meeting where there is availability. Given the lead time necessary before the Board will be able to consider it, we have no doubt that the accessory building's certificate will be in place before then. In the unlikely event that did not occur, we would be willing to withdraw the matter from the hearing until such time that the certificate was in place. Thank you for your kind consideration. 'Very truly yours, Andrew Greene 30653 County Road 48 Peconic, NY 11958 631-920-2664 December 15, 2010 Zoning Board of Appeals Town of Southold Town Hall Annex Southold, NY 11971 BOARD OF APPEALS Re: Update on Status of Accessory Building To Whom It May Concern: In light of recent events, I wanted to provide you with an update on the status of our accessory building. As you may be aware, our intention for a long time was to get a permit for the accessory apartment under the town code's new law regarding accessory apartments in accessory buildings. However, just before our hearing, a sudden change in circumstances made it impossible to pursue this path. In light of this, we immediately set out to t~y to remedy the situation with one of the other two options. I made an appointment with Mike Verity and met with him last week to see what would be required in order to make the current space conform to the code. Based on this conversation, we decided that there would numerous problems resulting from the demolition that would be necessary to comply. Therefore, we have moved on to our final option and will be constructing a heated, conditioned connection between the house and the accessory structure. We are moving forward with this as quickly as possible and hope to have it completed in the near furore. Should you have any questions, please feel fi:ee to contact me. Very truly yours, Andrew Greene PATR!CIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765~4643 June 24, 2010 Southold Town Zoning Board of Appeals Chairperson Leslie Weisman, and Board Main Road Southold, NY 11971 By Hand Re: Andrew Greene #6387 30653 Route 48, Peconic, SCTM#1000-73-4-5 NY ,,~' RECEIVED JUN S ZO O BOARD OF APPEALS Dear Ms. Weisman and Board: I have been retained by Mr. and Mrs. Greene to assist them with their response to the June 21, 2010 LWRP report and with the June 30rh Zoning Board hearing. We are in receipt of the June 21, 2010 memorandum to the Zoning Board from Mark Terry, LWRP Coordinator. Mr. Terry makes certain observations and conclusions which we believe are based solely on a 2005 "Bing" photograph, rather than a site inspection: 1. The photograph does not accurately depict the existing conditions of the property, therefore, Mr. Terry's memorandum is factually incorrect. We ask the Board to please make a visual inspection of the site to confirm the factual inaccuracy. 2. Mr. Terry's memorandum is contrary to the conclusions in the report prepared by the County of Suffolk, Soil and Water Conservation District after their personal inspection of the property. He states "Note 1: The face of the bluff is severely eroded and highly unstable due to slope and exposure." In 2005, approximately when the aerial photograph Mr. Terry attaches to his memorandum was taken, the house had been recently constructed and there was some erosion on the bluff. None of the existing landscaping is visible on the photograph. Between 2006 and 2007 my clients corrected the erosion by planting extensive natural, native, and drought tolerant vegetation. The bluff slope runs along the north side of the subject property a distance of 115 feet in width by an undulating depth of 50 feet. As a result of my client's efforts, the bluff face and top of bluff is well vegetated. However, two months ago the 8" rain storm event caused a small portion of the bluff (30' X 25')to wash away the thick vegetation. This area will be re-planted in accordance with the recommendations of the Suffolk County Division of Soil and Water. Mr. Greene has been in direct communication with the office of soil & water and a planting plan will be implemented as soon as the planting season arrives. At the request of the Zoning Board, the Suffolk County Division of Soil and Water inspected the site on June 15th, 2010. Ms. Nicole Spinelli, District Technician, walked the property with Mrs. Green. Ms. Spinelli observed in her written report dated June 15, 2010 that ~'the top of the bluff is in vegetative cover as well as the majority of the bluff face". The representative from Soil & Water did not believe that the small section of bluff erosion impacted the overall site or the proposed pool construction. The report recommends that the affected area be re- planted with Beach Grass and Spartina patens in late winter (or early spring). In addition, she recommends that a tree located on the edge of the bluff (located on the neighbor's property) be cut down to the root to prevent damage to the bluff due to wind sway. Ms. Spinelli concludes that there is no natural limitation with regard to the construction of an in-ground pool. In addition to the inspection by the County, Mr. Greene requested a pre-submission inspection by the Southold Town Trustees. The five Trustees inspected the property and had no objection to the proposed pool. The proposed pool will be located 80 feet from the top of the bluff, in the lawn area. The Mr. and Mrs. Greene planted a 70-75 foot mature, natural, drought tolerant vegetative buffer landward of the top of the bluff which Mr. Terry failed to note on his memorandum. We will submit photographs of the buffer at the hearing. Personal observations at your site inspection will show that there is no flooding or erosion hazard created by the proposed pool. The survey shows that the bluff is elevated above the grade of the house and pool. The house is at elevation 26', the proposed pool is at elevation 26-28', and the top of the bluff is at elevation 32'. The visually obvious landward upward slope to the top of the bluff contains the 70-75' planted buffers which exceeds the recommendations of the ~'natural Vegetated buffer" in the LWRP memorandum. There is no water runoff from the landward structures. Water runoff was addressed by Mr. and Mrs. Greene with their careful landscaping along the top of the bluff and bluff face, use of house gutters and leaders, and a proposed dry well for the proposed pool. Finally, I asked Mr. Greene to supplement your file with a cross section of the proposed pool and the proposed retaining wall designed by Joseph Fischetti Jr., PE. The Board, in the past, has requested the cross sections to be provided. With regard to the proposed location of the pool: 1. Aesthetically, Mr. and Mrs. Greene, as would most waterfront property owners, wish to locate the swimming pool on the waterfront side of the house. The waterfront provides the scenic view-shed which are so valued and the reason this house was constructed adjacent to the Long Island Sound. 2. In the front yard, the adjacent easterly parcel contains a large freshwater pond only a few feet from the Greene's property line. Placement of a swimming pool on the landward side of the house would place the pool within less than 50 feet from a freshwater wetland system and pond; certainly not consistent with the policies in the LWRP. 3. The private well and water lines are in the front yard and occupy the east side of the front yard. 4. The woods on this property have been undisturbed, except as needed around the existing house and garage. The pool is proposed in the lawn area without requiring any clearing of the existing vegetation. Placement of the swimming pool in the front yard would require extensive clearing of the woods. Clearing of the natural vegetation would result in greater impact to the property than placement of the swimming pool 80 feet from the top of the bluff. We respectfully request that the LWRP memorandum be disregarded since it does not accurately describe the property and Mr. Terry reaches erroneous conclusions as a result of the factual errors in the memorandum. If you need anything prior to the hearing, please do not hesitate to contact me. Thank you for your continued courtesies and we respectfully request that the variance be granted. ~icia C. Moore cc: Mr. and Mrs. Greene June 15, 2010 ~317273 Chairperson Leslie K. Weisman Town of Southold Board of Appeals P.O. Box 1179 5outhold, New York 11971-0959 USDA NRCS COUNTY OF SUFFO[ Steve Le~y ~ RECEIYED (631) 727-2315 x$ ,OARD OF APPEALS PAGE 82/02 RE: ZBA File REF, No 6387 (Greene) Dear Chairperson Weisman: As requested, a site review was conducted at 30653 County Road 48 in Peconic on June 15, 2010. The site was eva!uated for potential natural resource concerns regarding the construction of a new in-ground pool and retaining wall. The subject property is located on a 30-foot high bluff along Long Island 5ound. There is no hardening structure at the toe of the bluff. High tide does not reach the toe but storm surges most likely do reach the toe. The top of the bluff slopes back away from the edge towards the existin§ ho me. The top of the bluff is in vegetative cover as well as the majority of the bluffface. Recently, however, a portion of the bluffcollapsed leaving exposed soil. This is most likely a result of the extreme rainfall event back in March when we received approximately 8 inches of rain. Wave action at the toe in combination with saturated soils caused a portion of the bluffto collapse. It is recommended to re-vegetate the bluff face wh ere it has collapsed by pla nting plugs of Beach Grass and Soartina patens. This should be done when the plugs are dormant in late winter or early spring. Due to the loss of a portion of the bluff, there is now a locust tree that is on the new bluff edge. Tall trees on the bluff edge can weaken the integrity of the bluff due to swaying in the win d. Therefore it is advised to cut down th · tree to the base leavin8 the roots intact. However, this tree is actually on the neighboring property to the east, so this may not be feasible. The rear yard is in dense grass cover. The house is fitted with gutters and downspouts that outlet onto the sround. The runoff from the gutters is not resulting in any erosion. From the surVey it appears that the pool will be drained into a new drywall to be installed. This means that there will be no additional surface water runoff as a result of draining the pool. There are no natural resource lira itatlons with regard to the construction of an in-ground pool. If you require further assistance in this matter please don't hesitate to let me know, Best regards, Nicole Spinelli, District Technician 423 GRIFFING AVEFFJ~ SUITE 110 RIVERHEAD, NY li901 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS WEDNESDAY JUNE 30, 20t0 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box t179, Southold, New York 11971-0959, on WEDNESDAY JUNE 30, 2010: 10:30 A.M. ANDREW GREENE #6387. Request for Variances from Code Section 280-115(A) based on an application for building permit and the Building Inspector's March 24, 2010, Notice of Disapproval concerning construction of an accessory in-ground swimming pool at less than the code required setback from a bluff of 100 feet at; 30653 Route 48, Peconic, NY. SCTM#t000-73-4-5. (adj. to Long Island Sound) The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Vic ki.Toth(~.Town. Southold.ny.us. Dated: May 27, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME GREENE, ANDREW #6387 MAP # 73-4-5 VARIANCE SETBACK REQUEST ADDITION DATE: WED, JUNE 30, 2010 10:30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 1, 2010 Re: Town Code Chapter 55- Public Notices for Wednesday, June 30, 2010 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before June 14th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_J owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearin.q, providing the returned letter to us as soon as possible; AND not later than June 21st: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later June 22st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Posting for receipt by our office before June 28th, 2010. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. ,~%~ ~ 9814 STATE OF NEW YORK) ) SS: " COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 17th day of June, 2010. Principal Clerk Sworn to before me this 2010. LEGAL NOTICE SOUTHOI~ TOWN ZONING BOARD OF APPEALS WEDNESDAY JUNE 30, 2010 . Town Code Chapter 280 (Zonthg),Town York 11971-0959, on ~ 2, 2004, ~ranted the applicant r~lief from condition.) 35 feet, (2) less than the code required setback from a bulkhead of 75 feet at; 750 West Lake Dr., Southold, SCTM#1000-90-2-1. (adj. to Little conic Bay and dug Inlet) 1~'30 A.M. ANDREW GREENE g6387. Request for Variances from Code Section 280-116(A) based on an apphca- tion for building permit and the Build- ing Inspector's March 24, 2010, Notice of Disapproval concerning construction of an accessory in-ground swimming pool at less than the code required setback from a bluff of 100 feet at; 30653 Route 48, Peconic, NY. SCFM#1000-73-4-5, (adj. to Lortg Island Sound) 10.30 A.M. THOMAS and NANCY ~ Request for Vari- ance from Code Section 280-124, based on an application for building permit and the Bu0ding Inspector's November 20, 2009, Updated February 18, 20t0, Notice of Disapproval concerning "as 'built" deck addition at less than the code required front yard setback of 35 feet ~t~Cl~3 Manhasset Rd., Greenport. NY. I1:00A.M. CHARLES MATFINA (BELLMATr PROPERTIES. LLCI #638L Request for Variance from Code Section 280-124, based on an applica- tion for building permit and the Build- ing Inspector's March 1, 2010, Notice of Disapproval concerning deck additions at less than the code requffed front yard setback of 35 feet at; 545 Koke Dr., Southold, NY. SCTM#1000-87-5-14. 11:15 A.M. PRANK and DONNA SCAROLA and DONNA PERRIN #6382. Applicants request a Special ception under Section 280-13B(14),. The Applicants are the owners requesting authorization to expand hn Accessory Bed and Breakfast, accessory and inci- dental to their residential occupancy in this single family dwcQing, from three (3) bedrooms to five (5) bedrooms fox lodging and serving of breakfast to the B&B casual, transient roomers. Location of Property: 4850 Sound Ave., Mattituck; #6384. Request for Variances from Code Section 280-116 based on an application for building permit and the Buikithg In- spector's Amended December 10, 2009, Updated March 9, 2010, Notice o~ Dis- approval concerning "as built" rear deck and existing sheds, at less than the code required setback from a bulkhead of 75 feet at; 2700 Ole 3nle Lane Mattituck, NY. SCTMg1000-122-4-14. (adj. to James Creek) 11:48 A.M. ALEXANDER L, TRACY M. SUTTON tff~388. Request for Variances from Code Section 280-i8 based on an application for building per- mit and the Building Inspector's October 14,2009, Updated March 18, 2010, Notice of Disapproval concerning proposed two lot subdivision, with total lot area less than the code requited 80,000 square feet for two lots at; 1160 North Bayview Rd., Southold, NY. SCTM#10fi0-78-9-54 & 7% Zone: R-40. NOTARY PUBLiC-STATE OF NEW yoRl( No. O1-VO6105050 Qualified in Suffolk County Carryover Hearings, continued from prior meetings and pending additional informaBon: Adjourned from Public Hearing March 25, 2010: Adjourned from Public Hearing Feb- ruary 25,2010: 1'.30 P.M. MARC and DEIRDIIR Adjourned from Public Hearthg ApH3 22, 2010 2.'00 P.M. NICK MIHALIOS #6361 The Board of Appeals will hear all persons, or their representative, deait- lng to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing Mil not start earlier titan d6signated above. Files are available fo~ review during regular business hours and prior to the day of the hearing, ff you have questions, please do not hesi- tate to contact our office at (631) 765- 1809, or by e-mad: Vicki.Toth~Towfl~ Southold.ny.u~. Dated: June 9, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEIS~IAN, CIIAIll. BY VICKI TOTH 54375 Main RI/ad (Office Location) 53095 Main Road (Mnlling/USl~S) EO. Box 1179 Southnld, NY 11971-0959 9814-1T 6/17 .i ZONR, IG BOARD OF APPEALS TOWN OF $OUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) CTMPar l ooo- '73 RECEIVED BOARD OF APPEALS AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) r [/ff'E~vlc- , New York, being duly swum, depose and say that! ~-- ..... On the q~day of_ ~o'~ ,~.olo , I personally ma/led at the United States Post Office in.. P ~-~7.o,n/tC . New York, by CERTIlrlED MAIL, RETURN RECEB?T REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current own~ers shown on the * with the 04'Assessors, or ( ) c~urre.nt ~se,ss..ment roll verified from the official records on file t-ounty Kea~ t'ropert ~ Office _, for every property which abuts and is across a public or priw ~.e street, or vehicular right-o£-way of record, surrounding the applicant's property. Sworn to before me this (Notary Public) CONNIE D BUNCh Notary Public. State of New ¥or~ No. 01BU6185050 Qualified in Suffolk County Commission Expires April IA PLEASE list, on the back of this Affidavit or on a sheet of paper the lot nmnbers next to the .owner names and addresses for which notices were mailed. Thank you. $1.05 $2.80 $2.30 $0.00' ,$ $6.15 0~8 01 ' : $1.05 $2.80 $2.30 $0.00 $ $6.15 ~(.~ Here 06/0912010 r'a l°rPO~°xN°'[~ r~r~E'~?:Tl~;~'""V"~-'"~'"'"~"~-J;~'""~[~ ~l ~; I(`7 ) -r ............................... f r,- ~,~..~:~,~r.. ~....~......7~3.~ ............................ ,~1 ~iAL "' Cer~fled Fee O (Endomement Required) (Endo~ement Required) $2.80 0~. ~'~'~m $2.50 $0.00 ~"' $6.15 06/09/2010 · Print your name and address on the reverse so that we can retum the card to you. · Attach this card to the ba~k of the mallpieco, or on the fro~ ff spaca permits. 1, A~lcleAddressed to: ~. slg~ture C. Date of Delivery D. Isdallve~yaddressdfffem~tfromEeml? [] Yes If YES, enter dalive~/address below: r-I No 2. A~tlcle Number (Transit from serv/ce/~ 3. 8e~ce lype [] Catlt~d Mall [] E4)rem Mall [] Registered [] Return Receipt for Memhandlae [] In~umd Mail [] C.O.D. 4. Restricted Delivery? (Ex~a Fee) [] Ye~ 7009 1410 0001 6171 8226 PS Form 3811, February 2004 Domestl~ Return Receipt · Complete items 1, 2, and 3..Nso complete Item 4 if Reetflcted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mallplane, or on the front if space permits. 1. Article Addressed to: · ~daliwfyaddre~dlffemntftomlteml? r If YES, enter delive~j address below: i- Sen,Ice 3ype [] Ceftffied Mall [] Expraa~ Mail [] Registered [] Return Receipt for I~ [] Insured Mall [] C.O.D. 2. A~cle Numb~- ~r~f~ ~m ~r~c~ mbe~ .... 6257 [ I · Complete Items 1, 2, and 3. Also complete Item 4 if Reetflcted Delivery Is desirad. · Print your name and address on the reverse so that we can retum the card to you. · Attach this card to the back of the mallpleca, / 2. Article Num (Transfer fr~n serv/ce/ab~ [] ~ lvlail [] Expr~a Mail [] Registered [] Betu~n'Recelpt for Merchandise [] Ir~umd Mall [] C.O.D. 4, Re~ted Dellver~/(Extra Fee) [] Yes 7009 1410 0001 6171 8240 PS Form 3811, February 2004 Domestk= Retum Receipt ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF SION POSTI2XtG Regarding Posting of Sign upon Applicant's Land Identified as ooo- "?1 - '-t COUNTY OF SUFFOLK) STATE OF NEW YORK) f I, /0"~ ~fft~"v~ residin-at ~Oo~ff~ t~'x~a/r-q ' C~C ,NewVork bei '' ~ ' · ~' ~ ~g . , ng amy swom, ae~se ~a say that: On the~ay of ~ , ~, I ~rsonally pla~ the Tom's omcial Poster, ~th ~e ~te of h~fing and m~m of~y applim~on noted ~er~n, s~mly upon my pro~, locat~ ten (10) f~t or closer from ~e s~t or fi~t-of-way (~vemy entr~) - faci~ the s~t or facing each s~t or dght~f-~y en~ce;* ~d ~at I hereby ~ ~t the Poster h~ remaMed in pla~ for seven days phor to t~t ~te 0f the subject he~ng date, wlfich hearing ~te w~ shorn to be ~ ~0, ~ I ~ (Si~mre) Sworn to before me this ~ day of JIXKJ~ , 20~0 (Notary Public) VICKI TOTH Notmy Public, State of New York No. 01T06190696 ~ Cl~al.ifi~. in Suffolk Coun~ ,,-.~ commm~o, r~res July 28, ' ear the en~'ance or driveway entrance of my property, as the area most visible to passersby. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 31, 2010 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6387 (GREENE) Dear Mr. Terry: We have received an application for construction of an accessory inground swimming pool in Peconic. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson I/ Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 31,2010 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XlV of the Suffolk County Administrative Code: ZBA File #6387 Action Requested: Within 500 feet of: Owner/Applicant: Greene Bluff setback (X) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 31, 2010 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA File Ref. No. 6387 (GREENE Dear Sir or Madam: We have received an application for a project adjacent to Long Island Sound in Peconic, NY, and shown on the enclosed site map. The hearing on this application is expected to be held in approximately 6 weeks. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Leslie Kanes Weisman Chairperson Encls. By:(~W~ ~~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehfinger George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 1197143959 Office Location: Town Annex/F'~t Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August 8, 2011 Andrew Greene 30659 CR 48 Peconic, NY 11958 Re: ZBA File#6387 Dear Mr. Greene: Transmitted for your records is a copy of the Board's August 4, 2011 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely.,-. Vicki Toth Encl. Cc: Building Dept. SECTION NO ',,,<i COUNTY OF SUFFOLK (~ SOUTHOLD ,,:, ........... Rea Property lax Service ~gency ,,,,,, ~, COUNTY OF SUFFOLK ;~Re~ Property lax Serwce