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Home My WebLink About6498~77 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~'q£.I~£D~ ... TOWN OF SOUTHOLD e~ ~ /. / Tel. (631) 765-1809 · Fax (631) 765-9064 $[}~ '2 7 201] FINDINGS, DELIBERATIONS AND DETERMIN~ffC~[qlOICI Town Clerk MEETING OF SEPTEMBER 15, 2011 ZBA F1LE: 6498 NAME OF APPLICANT: Michael and Susan Jeffries CTM: 1000~1-2-11 PROPERTY LOCATION: East End Road, (adj. to Block Island Sound) Fishers Island, 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 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 20, 2011, 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: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated August 24, 2011. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION.' The Applicants' property is a 95,832 sq. ft. waterfront parcel in the R-120 Zone. It is improved with a single family dwelling, and is shown, along with the proposed new retaining wall, on the site survey drawn by CME Associates, dated Aug. 15,2011. BASIS OF APPLICATION: Request for Variance from Att. XXII Section 280-116A(1) and the Building Inspector's July 7, 2011 Notice of Disapproval based on an application for building permit construct a retaining wall, at; 1) less than 100 foot setback from top of bluff( this is a deviation from the prior ZBA decision #6167). RELIEF REQUESTED: The applicant proposes to construct an additional retaining wall seaward of the existing retaining wall, with a non-conforming setback of 38.4 fi. from the top of the bluff. Such construction requires a variance be granted from the Code permitted 100 ft. setback from the bluff: AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant on Sept. I, 2011 agreed to a minimum setback of 40 fi. from the bluff; and submitted a revised plan increasing the setback to 40.6 feet, thereby bringing the plan into more conformity with the codes. ADDITIONAL INFORMATION: The Applicants' property was the subject of the previous ZBA decision #5924 dated Nov. 30, 2006, which granted a variance for a 52 ft. setback from the top of the bluff for a new single family dwelling, and also the subject of the ZBA decision #6167 dated Sept. 4, 2008, which granted variances for a Page 2 of 3 - September 15,2011 ZBA File#6498 - Jeffries CTM: 1000-1-2-11 swimming pool with a 56.6 ft. bluff setback, and retaining wall with a 45.6 bluff setback. Since that time, the Applicants have come to realize that the 7 ft. retaining wall for the pool, after its construction, was more pronounced than had been originally visualized. This brought the Applicants to consider constructing the additional lower retaining wail which is the subject of this decision, to lessen the visual impact of the existing 7 ft. wall and to provide greater safety in the area surrounding the as built pool by reducing the height of any potential falls from that area. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on Sept. 1,2011, 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 true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The retaining wall will not be visible from any adjacent properties. The proposed retaining wall will provide space for a landscaped planting bed of flowering plants and shrubs that will soften the visual severity of the as built seven foot high retaining wall as seen from the water. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant, as originally requested, or through the grant of alternative relief for a 40.6 fi setback from the top of the bluff, cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance, since the existing pool and 7 foot high retaining wall are already built at a non-conforming distance from the top of the bluff 3. Town Law §267-b(3)(b)(3). The variance granted herein is substantial because it represents a 59% relief from the Code permitted 100 ft. setback from the top of the bluff. However, the proposed planting bed will help further reduce rain water runoff on the subject property and improve the safety of the homeowners and their guests. 4. Town Law §267-bO)(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. The Applicant submitted CME Engineering cross sections A-A, and B-B, dated Aug. 15, 2011, which show the "zone of influence" of the weight of the proposed retaining wall would not be in within the immediate area considered to be right at the top of the bluff. The top of the bluff is fully vegetated and not subject to coastal storm erosion. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. When the pool and original retaining wall were built it was not obvious to the applicant that there was a potential safety issue until after the installation. The requested second retaining wall will help prevent possible injuries and allow for code compliant enclosure of the pool. 6. Town Law §267-b. Grant of alternative relief of a 40.6 ft. setback from the top of the bluff is the minimum action necessary to enable the applicant to enjoy the benefit of a new landscaped retaining wall, 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 shown on the revised site plan drawings Sec. 1 and I-100 submitted by Anderson Architects, dated Sept. 1, ~011. 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 site plan conforming to the alternative relief granted herein. 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. Page 2 of 3 September 15, 2011 ZBA File#6498 - Jeffries 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 other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Horning, Schneider, Goehringer. (Absent was: Member Dinizio ) This Resolution was duly adopted (4-0). LeSlie Kane~ Weisman, Chairperson Approved for filing ~5] /~,30 /2011 / ! RECEIVED ~5OARD OF APPEALS SECTION ~dROUGH LOWER POOL WALL FINAL MAP REVIEWED BYZ~ SEE DECISION~,~# (~'? L~r~ jeffries residence sec 1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) ~ Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED MEMORANDUM AUG 2 4 2011 BOARD OF APPEALS To: Leslie Weisman, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: August 24, 2011 Re: Coastal Consistency Review for ZBA File Ref MICHAEL and SUSAN JEFFRIES fl6498 SCTM#1000-1-2-11 Request for Variance from Art. XXII Section 280-116A(1) and the Building Inspector's July 7, 2011 Notice of Disapproval based on an application for building permit construct a retaining wall, at; 1) less than 100 foot setback from top of bluff ( this is a deviation from the prior ZBA decision #6167), located at: East End Road (adj. to Block Island Sound) Fishers Island, NY. SCTM#1000-1-2-11 The proposed structure is not located within the CEHA. 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 CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP Cc: Jennifer Andaloro, Assistant Town Attorney ,/~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE REc~IVF-D BOARD OF APPEALS SARAH LANSDALE, AICP DIRECTOR OF PLANNING July 20, 2011 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 County 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 Moody (Hiram) & Goulard (Sarah) Jeffries, Michael & Susan Kapetanos, John & Alexandra Phillips, Michael #6497 #6498 #6499 #6500 TRK:ds Very truly yours, Sarah Lansdale 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) 8534044 TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL JUL 1 4 ZOll BOARD OF APPEALS DATE: 07/07/11 TO: Pat Moore tbr M & S Jcffries 51020 Main Rd. Southold, NY 11971 Please take notice that your application datcd June 23, 2011 For permit to construct a retaining wall at Location ofpropc~y: East End Rd., Fishers Is. N~Y County Tax Map No. 1000 - Section 1 Block 2 Lot 11 Is returned herewith and disapproved on the following grounds: Thc site nlan indicates a proposed rctaining wall at 38'4" from the top of bluff. Thc orooosed construction is a deviation fi-om the ZBA decision g6167 which granted relief from p, rticle XXII, Section 2~.~LI~6_A(I ), & permi[t_c0____a__r_e_La_i_n_'_m_g...w..a..l.[.4_5.:_6.'...~m thc top o.f_Lh.e__b.[.u...ff_'._ Author~ed Signature CC: file, ZBA. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. dULI APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. Street Private Road Hamlet Fishers Island SCTM 1000 Section 1 Block~2 Lot(s). 11 Lot Size 95,832 Zone R-120 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED _ Ut/'//// _ BASED ON SURVEY/SITE PLAN DATED June 13,2011 Applicant(s)/Owner(s):. Michael & Susan Jeffries Mailing Address: 212 Park Avenue, New York, NY Telephone: c/o Pat Moore 7675-4330 Fax #: 765-4643 Email: NOTE: In addition to the above., please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( x ) Owner, or ( ) Other: Agent's Address: 51020 Main Road, Southold NY 11971 Telephone 631-765-4330 Fax #: 765-4643 Email: pcmooorel~.optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or ~. Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 6/13/11 and DENIED AN APPLICATION DATED 6/23/11 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXII Section 280- 116 A (1) Subsection Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal E has, [] has not been made at any time with respect to this property, UNDER AppeaI No. 5924 Year 06 and Appeal No 6167_ 9/4/08. (Please be sure to research before completing this question or call our office for assistance.) ~ECEZVED NameofOwner: Michael&SusanJeffries ZBAFile#--(~q~ REASONS FOR APPEAL (additional sheets may be used with preparer's signature)~' J[JL 1 4 ~ 0 ~ AREA VARIANCE REASONS: BOARD OF APPEAL~ (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The property fronts Block Island Sound. The property slopes toward the top of the bluff. The landscape Architects have designed a lower terrace (retaining wall) which will hold boxwood shrubs to screen the pool fence. The top of the bank runs along the east side of the property. The pool is set back 56.6 feet from the top of the bank at it's closest point. The ZBA had approved a terrace wall (landscape feature) around the pool to retain the land due to the natural slopes of the property. The terrace (upper brick retaining wall) was approved at 45.6 feet from the top of the bank, the proposed lower wall is at 38' 4" to the top of the bank. The terrace will retain the water runoff and provided added protection for the top of the bank. The bank is a natural heavily vegetated slope with no evidence of erosion. The toe of the slope is protected by stones and large boulders. The cross section of the wall and landscaping is provided (see Drawings el 4, 5, 6 and Sec 1) (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The grade difference between the pool patio and the back yard has a significant grade change, a drop of 6 to 7 feet. In order to minimize the drop, the second retaining wall is proposed which will create a space for a boxwood hedge and guard rail at midway of the drop. The lower wall is part of the pool fence enclosure. The retaining walls will be covered with ivy. The alternative to the significant grade drop is regrading with fill which no wants and the soil may be unstable without a retaining wall. The ZBA approved the upper wall, the guard rail and fence would appear as a 10' visual obstruction from the water side of the property. The additional retainin~ wall, ivy and shrubs soften the appearance. (3) The amount of relief requested is not substantial because: The retaining wall is a minimal structure used to maintain the grades of the property. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The slope is stable, all water runoff is captured by dry wells. The retainino, wall will be covered with ivv and reduce the amount of grading which would otherwise be required. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No. The setbacks of the original house and the dimensions of the property pre-date the regulations. Are there Covenants and Restrictions concerning this land: E No. E Yes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Chech this box ( ) IFA USE VARIANCE IS BEING REQUESTED~.A~D P~EASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attor~ ~ Sworn to before me this/// day?f~20~. SigiYam~c~f Appellant or Authorized Agent (Agent must submit written Authorization from Owner) BETSy A. PERK1N$ Nobuy Public, State of New York No. 01PE6130636 Qualified in Suffolk County_ Commission Expires July 18~,-~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Michael & Susan Jeffries Owner: same Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: BOARD OF APPEALS July 12, 2011 [ \ Il. New Construction Areas: x[R"C4~t~m'~ Dimensions of first floor extension: ~lA -- Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): ~.tfA Is basement or lowest floor area being constructed? lfyes, please provide height (above ground) measured from natural existing grade to first floor: IlL Proposed Construction if Existing Building Alterations or Structural Changes (at~ach extra sheet if necessary) - Please describe building areas: retaining wall Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage all buildings on property (from surveyor): T~ Cg-_~4L;~ /.oS'~)'fl ~ ~r-- Existin. g square footage of buildings on your property: Hou~-~: ~'~ -S~ q 'q ~'- Proposed increase of building coverage: Square footage of your lot: G,,~-t 3t~ sqm- Percentage of coverage of your lot by building area: V. Purpose of New Construction: retaining wall for pool guard rail and boxwood hedges VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): properly is located on Block Island Sound and sloped toward the top of the bluff. Retaining walls provide greater stability for the bank. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION JUL 14 2011 8IOARD OF APPEALS Is the subject premises listed on the real estate market for sale? Yes X No Are there any proposals to change or alter land contours? 2,xck ~( No Yes please explain on attached sheet, cx~c,c,.~, 1.) Are there areas that contain sand or wetland grasses? 2.) Are those areas shown on the survey submitted w/th this application? 3.) Is the property bulk headed 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 Town trustees for its determination of jurisdiction? X/~ Please confirm status of your inquiry or application with the Trustees: -I fh ~c~a.x and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~o o Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?_ ~ ~ Please show area of the structures on a diagram if any exist or state none on the above line. Do you have any construction taking place at this time concerning your premises? X/% If yes, please submit a copy of your building permit and survey as approved by the Building Depanment and please describe: ~, 0 ~ ~Oo'~: ~evo{ 4 ~r'9~>.~Oa. yct~C' Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? ~x9 If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel Hoc-~ r ~oo ! ,a 5a~ro ~ and the proposed use ~& I~sc~ ~t~ t~ ~ ~ 0 ~ . (ex: ex~stmg single hmdy, proposed: s~e w~ h garage, pool or other} ' ~ Auth IPROJECT tD NUMBER I 6 ?.2o JUL APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM OFAPpEA/.~ for UNLISTED AC~ONS On~ PART 1. PROJECT INFORMATION ( To be ~m~eted by Ap~icanl or Pr~e~ S~nsor) 1, APPLICANT I ~PONSOR ] 2. PROJECT NAME 5. IS PROPOSED ACTION: [] New 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT~.~ LAND AFFECTED: ,, IniUa~ly acres Ultimately Z~ acres B. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? r-]Yes [] No ff no, desCribe brle~y; ~ ~-~'~'e/#~ ~/.¢--.~R 9. WHAT ~S PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as ma~y as apply,) [~]Resi~enUa, [~,ndustrial E~Oomfflercial [~]Agric, ul~re ~--1ParklForest/Oper~Space DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW' OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL Il. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes r-'~No If yes, list agency name and penrnit / al~proval: AS A l~e$ ~UN~LT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY T~T-~'~NFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is a Costal Area, and you are a stale agency, complete the Coastal Assessment Form before proceeding with this assessment JUL 1 4 2011 PART II - IMPACT ASSESSMENT (To be complerted by Lead Agency) A. DOES ACTION EXCEED AN';' TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordisate the review process ar~ use Ihe FULL EAF. S. WILL ACTK)N RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS iN 6 NYCRR, PART 617,67 if No. a negalive" declaration may be superseded by another involved agency. C. COULD ^CT~ON RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Potential for emslen, drainage o~ flooding ~.erns? Explain briefly: C2. A6...~. agricultural, arcflae,~utl,~..,, hlsto~c, or other nalura or cultural resources* or community or eelgllborhcod character? Explain b C3 Vegetation or fauna, fish. shellfish or wildllf~ ;P~'t~.. ~,;;r,.,~,*t hebltst~. Or ~m~t~ or endangered species? E~ain I C5. G'~aWth. subs'-eq~;n! developme~ll or rel;te~ ;~lmes fi~ely ta he irOn'ed by ~e pmpose~-~1~'~ 'F-x Olal. briefly: .......... l BOARD OF APPEAL~ C7. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT ENVIRONMENTAL AREA (CEA)? (1~ yes. explain b riell~: EI¥.s ri.o[ E. tS THERE. OR IS THERE UKELY TO BEI CONTROVERSY RELATED TO POTENTIAL ADVERSE ENV RON E P T mv*~ .in E]yes E~]No i. .... M NTAL M AC S?ifyes r~'-I PART III - D~'H:AMiNATION OF SIGNIFICANCE (To be ~ompletsd by Agar.y) INSTRUCTIONS: Fareach~dversee~ectidenU~edab~ve~deferminewhethoritissubstant~a~arge~imp~rtant~r~iherwisesignif~c~of` Each effect should be assessed in connection with its Ia) seffing (i.e. urban or rural); (b) probability of occurring; (c) dumlion; Id) ir~eversib~ity; (e) geographic scope; and If) magnitude, If necessary, add attachments or reference suppo~Uog materiels. Ensure that explenatior,.s contain sufficient detail to show Ihat all relevant adverse impacts have been Elentified and adequatuly addressed. If queslfon d of pert ii was checked yes, the detefmination of $ignificaace must eyuluate the poten§al im pact of the proposed action oaths environmental characte~stics of the CEA. Check this box if you have Idantified one or more petantially la~ge ~i. signif~cant adverse impo cts wl~ch MAY occur Then procand directly ~o the FULl FAF end/or prepare a positive decleraifan. detsrmlnation. Name of Lead Agency Date Title of Responsible Of~..er Print or Type Name of Responsfble Officer ill Lead Agency Signature of Re sp0nsible Officer in Lead Agency Signature of Preparer (ii' diffecerff from responsible oTf~cer) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORAI: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural distric~ AH 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)NameofApplicant: ,/'v[ ~ ~/~,~/ 4 .~ ~.., 3) Name of Land OWner (if other than applicant): 4) Address of Land Owner: 5) Description of Proposed Project: /o~' ~'/-~/¢~r~ro 6) Location of Property (road and tax map number): fr"t 7) Is the parcel within an agricultural distdct?'J~,No [] Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? ~No []Yes 9) Name and address of any oWner(s) of land within the agricultural district containing active farm operafion(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 numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property oWners are identified.) The lot numbers may be obtained, in advance, when requested from the Office of the Planning Board at 765- 1938 or the Zon~?3-~ppeals at 765-1809. Signature of Applicant Note: / /2-/ // Date 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as pan of the overall review of this application. 3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 APPLICANT TRANSACTIONAL DISCLOSURE FORM JUL 1 4 2011 .... BOARD OF The Town of Southold s Code of Ethics prohibits conflicts of interest on the part of Town officers APPEALS and employees. The purpose of this form is to provide information, which can alert the Tovm of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (0 q6~ (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Vahance ~ Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial o~vnership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES", 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) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this Signature:~g~a,.~ Print N~e: Ao Town of Southold LWRP CONSISTENCY ASSESSMENT FORM 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. JUL 1 4 201l BOARD OF APPEALS Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# AGENT: 1000- 1-2-11 Michael & Susan Jeffries Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals Fl_ 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy)[] (c) Permit, approval, license, certification: [] Type: __ Town of Southold LWRP nsistency Assessment Form 1 nature and extent of action: proposed retaining wall Location of action: Private Road, Fishers Island Site acreage: 2.2 acres ~OARD OF APPF. ALS Present land use: existing residence Present zoning classification: R-120 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: Michael & Susan Jeffries (b) Mailing address:212 Park Drive, Columbus OH 43209 (c) Telephone number: ( 631 ) c/o Pat 765-4330 (d) Application number, if any: __ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: __ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use o fa coastal location, and minimizes adverse effects of development. See L WRP Section III- Policies; Page 2for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): The property is on Block Island Sound, Fishers Island which has a protected toe of the slope with stone and boulders and heavily vegetated bank. Policy Z Protect and preserve historic and archaeological resources of the Town of Southold. ,gee LWRP Section III - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): resources Disturbed property with no historical archeological Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III- Policies Pages 6 through 7for evaluation criteria Town of Southold LWRP nsistency Assessment Form 2 Yes [] No [] Not Applicable [] Discussion (it'appropriate): the lower retaining wall will minimize the iamOl~at~ vistas from the water- the grade difference between the bottom and top of the approved (lst ZBA approval) retaing wall and guard rail is 10'. The ioweer retain. wall is proposed to provide a boxwood hedgerow between the pool elevation and lower grade of the property. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section Ili - Policies Pages 8 through 16for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate) The bank is completely stable and vegetated, the lower retaining wall provides stability to upper structures. Policy 5. Protect and improve water quality and supply in the Town of Southold See L WRP Section III - Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): Not applicable Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and WildliJk Habitats' and wetlands. See LWRP Section Ili - Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no impact on habitat or wetlands. Policy 7. Protect and improve air quality in the Town of Southold. See L WRP Section III - Policies Pages 32 through 34for evaluation criteria. See Section 11I- Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (il'appropriate): N/A Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section Ill-Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): _residential retaining wall creates no hazardous waste PUBLIC COAST POLICIES Town of Southold LWPd) nsistency Assessment Form 3 RECf. IVED JUL I ,t 2011 ~OARD OF APPEALS Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold See L WRP Section II1- Policies; Pages 38 (_~[q through 46for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): Not applicable, property along Block Island Sound. Access along sound not affected. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section 111 - Policies; Pages 47 through 56for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): residential use enhanced by views of Block Island Sound Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See L WRP Section 11I - Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable Discussion (if appropriate): N/A - no impact on marine resources along Block Island Sound. Stable & vegetated bank Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III- Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A - no agricultural lands affected Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section 111 - Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A - no impact on energy or minerals *copy of Town form created on 2/I 1/06 Town of Southold LWRP nsistency Assessment Form 4 ~Ol~,~.~} Or '~ Approved Disapproved a/c TOWN OF SOUTHOLD BUILDING ~i~ARTMENT SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork, net/Southold/ ,2O PER~IT NO. BUILDING PERMIT APPLICATION CHECKLH Do you have or need the following, before applyin Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form Trustees Contact: Mail to: Expiration ,20 Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Regulations, for ~ ~ ' / , applicant agreesl~~ ~(~[t~d~ll [ip~tca~e ~ authorized thspl~In~i_!iTd in b~ll~.~ Date ~- Z,~, tl ,20 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 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 &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 ora Building Permit pursuant to the Building Zone Ordinance of the Town of Southol Suffolk County, New York, and other applicable Laws, Ordinances or ons, or alterations or for removal or demolition ~s herein described. The ordinances, building code, housing code~ regulations and to edm t r necessary inspections. ~.4_~ignamre of applic.ant or n~e, if a co~oration) (Mail~g ~ess of applic~t) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. I. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section / Block ~_ Subdivision Filed Map No. (Name) Lot / / Lot 2. State exisi~ll[ use and occupancy of premises and intended uspci occupancy of proposed construction: a. E~tg use and occupancy ~ ~_~,ex~.¢,4~ ~,e~/. ,,'~,~-,q. 4,a.~a~,~ b. lntended use and occupancy ,~r-t~/r~ ~l,r~// _~r,a~t~tw}--~/ ~ /9,00/ 3. Nature of work (check which applicable): New Building_ Addition Alteration Repair Removal Demolition Other Work )~ .~ ~'v2fi (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units / Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify na'mre and extent of each type of use. 7. Dimensions of existing struetures, if any: Front Height Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear .Depth Height Number of Stories Rear 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO__Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES 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. STATE OF NEW YORK) CO TY oFs: /'~ ,~/ff)~Z~4? being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the L~'_-2'~~ (Contractor, Agent, C¢'porate 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 true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Swc~rn tp b~fore me this r 'h ' ' ~dayof 3,~A,' ' / 20 ]{ / B~SY ~ PER.NS ~/ N~ Pub~c, State of N~ Yo~ No. 01PE6130636 Qualified in Suffolk Cou~ C~mission Expires July 18~ Signature of Applicant AUTHORIZATION JUL 1 4 20II aOARD OF AppEALS To: New York State Department of Environmental Conservation Southold Town Zoning Board Southold Town Trustees Southold Town Building Department Suffolk County Health Department Any and All State, County, Local agencies, as necessary Re: Premises at SCTM#1000-001-02-11 Lot 1-5, Fishers Island, NY Owner: Michael and Susan H. Jeffries The undersigned hereby authorizes my attorney, Patricia C. Moore, and her agents to submit any and all applications which may be required in order to obtain a building permit to construct the proposed residence on the above referenced parcel. san H.kJ'e~r~ / Michael Jeffries ':*': * ) ..... T '&WN '~ P~JOPERTY ./~*"~r~ - /L z -// OF SOUTHOLD RECORD CARD ': STREET VILLAGE DISTRICT SUB. LOT FORMER OWNER F~rm T[[able · I !ob!e 2 Tiltob[e 3 Woodland S~mp~and ~Brushland House Plot Total ~ ,,,... ACREAGE TYPE OF BUILDING DATE RE/ddkRKS t1~ 7o~ ," ~ l . VaLue Per Acre ~ . Value ' I T 1.-1--11 4/11 . Bldg. iF..ktension Extension BreezewayJ Foundation Ext. WaTb /Pati° Driveway Porch Bath Fbors Inter[or Finish H eo.,t J~o~ms Jst Floor Ro~ms 2nd Floor APPEALS BOARD MEMBERS Gerard E Gc~chringcr. Chairmaa Ruth D, Olive James Dinizio, Jr. Michael A. Simou Leslie Kanes Wcisman Mailing Address: Soulhold '[bwn Hall 53095 Main Road · Re. Box 1179 Southold, NY 11971-0959 Office Localion: Town Annex/First Floor, No. Ih Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 hltp://soulho]dlown.nort h~iwk.ne~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD R.ECEIVED MEETING HELD SEPTEMBER 4, 2008 ZBA # 6167 - MICHAEL and SUSAN JEFFRIES, Applicants Location of Property: East End Road, Fishers Island CTM 1000-1-2-11 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 SEQI~& SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under thc Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated June 24, 2008 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP CODE DETERMINATION: A letter was received from the LWRP Coordinator concerning reasons for inconsistency of this project under Chaptcr 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards, since the set back of the proposed swimming pool will not be a minimum of 100 feet from the top of the bluff. Under ZBA File # 5924 dated 11/30/06, it is noted that the applicants' engineering firm, CME Associates, submitted information using a 1959 topographical survey of the area prepared by Chandler & Palmer, Engineers, indicating the erosion rate to be an average of between 4 and 5 inches per year, and finding the steep bank very stable and well vegetated with no areas subject to erosion. The applicants also will provide drywells for drainage in accordance with LWRP standards and/or as approved by the Town of Southold Board of Trustees. Also, the bluff will be protected with hay bales, mature trees, nearby drywells away from the bluff, and substantial landscaping. The property fronts along thc bluff and high water of Block Island Sound. The top of the bank runs along the east side of the property and the new house is 52 feet, at its closest point from the top of a bank. The proposed swimming pool is set back further from the top Page 2 - September 4, 2008 ZBA #6167 - Michael And Susan Jeffries, Applicants CTM 1000-1-2-11 RECE/VED JUL 1 4 20II BOARD OF APPEALs of the bank than the house. The pool is proposed to be set back 56.6 feet from the top of a bank at its closest point and a small terrace wall is proposed around the proposed pool to retain the natural slope of the property. The terrace, a low brick retaining wall, is proposed 45.6 feet from the top of the bank. The terrace, and landscaping with drywells to retain water also adds protection to the top of the bank. The bank and adjacent land slopes consist of a natural, heavily vegetated slope with no evidence of erosion. The toe of the slope is protected by stones and large boulders. Information was submitted by the applicant and her agent stating that the proposed location of the pool was given careful study by their engineer allowing the pool setback to be in this location, to maximize the setback away from the top of the bank while being at least 100 feet from the freshwater wetlands on the north side of the property. For these reasons, the Board finds the project as planned to be consistent to the greatest degree practical under the policies and standards of the LWRP and Zoning Code. BASIS OF APPLICATION: Based on applicant's building permit application, for which the Building Inspector on April 30, 2008 issued a Notice of Disapproval, citing Zoning Code Section 280-116A(1), concerning a proposed accessory in-ground swimming pool +/- 56.6 feet from thc top of the bluff adjacent to Block Island Sound. CODE REQUIREMENT: Proposed construction is not permitted pursuant to Article XXII, Section 280-116A(1) which states: "All buildings or structures located on lots adjacent to the Sound and upon which there exists a bluff or bank landward of the shore or beach shall be set back nor fewer than 100 feet from the top of such bluff or bank." FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 21, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: RELIEF REQUESTED: The applicants request placement of an accessory swimming pool with retaining wall at less than 100 feet from the top of the bluff adjacent to Block Island Sound. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the followings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance will produce no undesirable change in the neighborhood or a detriment to nearby properties. Maximum landscaping has been planned by applicants to obtain the greatest protection possible to protect the environment. In addition, there is enough land area to place the pool without affecting other neighboring Page 3 - September 4, 2008 ZBA #6167 - Michael And Susan Jeffries, Applicants CTM 1000-1'2-11 ~,EC~VED JUL 1 4 BOARD OF APPEALS lands or neighbors. The location of the pool was carefully studied and is proposed to maximize the setback away from the top of the bank, while being at least 100 feet from the flesh water wetlands which is on the north side of the property. 2. Town Law §267-b(3)(b)(3)(2). The benefit sought by the applicants cannot be achieved by some method feasible for the applicant to pursue, other than an area variance. The pool must be setback at least 100 feet from the fresh water wetlands which is on the north side of the property. 3. Town Law §267-b(3)(b)(3)(4). The amount of relief is not substantial because the property is sloped and the house was constructed on the fiat area of the property. The pool is as far back as is reasonable. The placement of the house was preexisting and was reconstructed, while retained portions of the house predates the code requirements for minimum setbacks of 100 feet. 4. Town Law §267-b(3)(b)(3)(3). The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. The slope is stable, all water runoff captured by dry wells and the pool must be properly retained as proposed, and no pool water shall drain over or on the bank given the natural vegetation and retaining wails being provided by applicants. 5. Town Law §267-b(3)(b)(3)(5). The difficulty has been self created. 6. Town Law §267-b. Grant of the variance is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of an accessory in-ground swimming pool, 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 Oliva, seconded by Member Simon, and duly Grant the variance as applied for, as shown on the Site Plan Set CD Sheet L-1.01 dated 4-11-08 prepared by Edmund H. Hollander, Landscape Architect Design, Site Planting Plan and Schedule dated August 22, 2008 with drainage (as per Code), Drawings of Pool Sections (Long and Short with Depth) 3B-SEC issued 6-20-08 Plans L-5.01 revised 8-13-08.. 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 other feature of the subject Page 4 - September 4, 2008 ZBA #6167 - Michael And Susan Jeffr~es, Applicants CTM 1000-1-2-11 RECEIVED JUL 14 201 BOARD OF APPEALS property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimus in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goe~r~i~nger Absent was Member Dinizio. This Res~icn~vas du~ adop ed for Filing , Oliva, Simon and Weisman. ~VIAN 9//~ ~2008 APPEALS BOARD MEMBERS Ruth D. Oliva. Chairwoman Gerard R Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman RECEIVED BOARD OF APPEALS http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · EO, Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 30, 2006 RECEIVED DEC 13 2CO& ulhold 'l'o~vn Cleft ZB File No, 5924 - Michael and Susan Jeffdes CTM 1-2-11 Property Location: East End Road (vicinity of Mudd Pond and Money Pond), Fishers Island SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The applicants' 95,832 square foot parcel is located in an R- 120 Residential Zone District, and is improved with a 2017 sq. ft, single-family dwelling as shown on the site plan dated 11/04/03 prepared by CME Associates Engineering & Land Surveying, PLLC. BASIS OF APPLICATION: Based on applicants' request for a building permit, the Building Inspector issued a Notice of Disapproval on March 7, 2006, amended April 12, 2006 citing Sections 100- 239.4.1 (280-116) and 100-32 (280-14) for the reasons that the location of the new dwelling construction (after demolition of the existing building) will be less than 100 feet from the top of the bluff and at a height exceeding the code limitation of two and one-half stories. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on October 26, 2006, at which time wdtten and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to substantially reconstruct their existing single-family dwelling, utilizing parts of the existing foundation. The setbacks requested are shown on the 5/23/2006 site plan Sheet 1 of 1 prepared by CME Associates, measuring +/- 58 feet from the top of the bluff at the southeast corner of the dwelling, and +/-52 feet from the top of the bluff measured at the closest point for the 16.4 ft. wide living room extension. TOWN CODE CHAPTER 95 (268) LWRP DETERMINATION: The applicants are requesting reconstruction of the existing dwelling using parts of the existing foundation, adding a second floor and living room existing, after demolishing the remainder of the dwelling. A Determination of Inconsistency was issued under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards which requires the CTM No. 1000-1-2-11 ~ECE~'VED ~ JUL ! zJ 2011 BOARD OF APPEALs set back be a minimum of 100 feet from the top of the bluff. The applicants' engineering firm, CME Associates, submitted information using a 1959 topographical survey of the area prepared by Chandler & Palmer, Engineers, indicating the erosion rate to be an average of between 4 and 5 inches per year, and finding the steep bank very stable and well vegetated with no areas subject to erosion. Grant of variance relief in this variance application is similar to, or landward of, the existing nonconforming setbacks of the applicants' dwelling. The applicant will provide drywells for roof drainage in accordance with LWRP standards and/or as approved by the Town of Southold Board of Trustees. The new reconstruction areas will utilize sections of the exisUng foundation which are nonconforming under the Zoning regulations, and the bluff will be protected with hay bales, mature trees, nearby dr/wells away from the bluff, and substantial landscaping. SUFFOLK COUNTY ADMINISTRATIVE CODE REFERRAL: This application was referred to the Suffolk County Department of Planning under the provisions of the Suffolk County Administrative Code, Sections A14-14 to 23, and the November 8, 2006 reply states that the Suffolk County Department of Planning considered this matter for local determination, as there appears to be no significant county-wide or inter-community impact. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicants have submitted a substantial landscape design plan which protects the bluff areas and provides screening for the new construction (dwelling) from view by adjacent neighbors and the adjacent property (also owned by the applicants). In addition, the applicants will provide several drywells to properly retain water runoff, preventing runoff onto the bluff or adjacent neighboring lands. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance due to the shape and topography of the land as a limiting factor, and established mature trees and gardens, when choosing either the location of any addition to the existing dwelling or construction of a new dwelling. 3. The variance granted herein is substantial. 4. The difficulty has been self-created. The setback from the bluff was established after the lot was created. 5. 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. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of reconstruction with additions, after substantially demolishing the existing dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Weisman, and duly carried, to CTM No. 1000~1-2-11 ~ECEIv~D BOARD OF APPEALs GRANT the variance as applied for, as shown on the Conceptual Landscape Design Plan dated 6/28/2006 prepared by Edward D. Hollander Landscape Architect Design, P.C., longitudinal section dated September 12, 2006 prepared by Anderson Architects, P.C., and 5/23/2006 diagrams prepared by CME Associates. 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 other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-~-~ ~ ~ Ruth D. Oliva, Chairwoman 12/f ( /06 Approved for Filing PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 July 14, 2011 JUL 1 4 2011 ~O/~RD OF APP~I~ Attn: Vicki Zoning Board of Appeals Town of Southold Main Road PO Box 1179 Southold NY 11971 hand delivered Re: Jeffries, Fishers Island Dear Chairman Weisman and Board members: With reference to above, enclosed please find an original and 8 sets of the following: 1 Notice of Disapproval 2 Project Description 3 Questionnaire, C.O. 4 AG Data form 5 Short EAF form 6 Transactional Disclosure 7 LWRP form 8 Photos 9 Town property Card 10 Site plans 11 My check representing the filing fee. Please place this matter on your next available calendar. you and please do not hesitate to call should you have any Thank questions. encls. Very truly yours, Patricia C. Moore Town of Southold P.O Box 1179 Southold, NY 11971 Date: 07/19/11 * * * RECEIPT * * * Receipt~: 111034 Transaction(s): 1 Application Fees Reference Subtotal 6498 $500.00 Check~: 9154 Total Paid: $500.00 Name: Moore, Patricia 51020 Main Road Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6498 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (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 July 20, 2011 Zoning Appeal No. 6498 Transmitted herewith is Zoning Appeals No. 6498 of Patricia C. Moore for Michael & Susan Jeffries- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Patricia C. Moore Dated July 14, 2011, Notice of Disapproval from Building Department Dated July 7, 2011, Copy of Application for Building Department Dated June 20, 2011, Authorization Letter from Susan and Michael Jeff-des to Patricia C. Moore to Represent them in this Matter, Three Pages of Photos of Property, Two Pages of Property Record Card, Four Pages of Findings & Determinations ZBA #6167 Dated September 4, 2008, Three Pages of Findings & Determinations ZB No. 5924 Dated November 30, 2006, Five Pages of Drawing of Property Showing Elevations and Section of Wall Dated June 13,2011 Prepared by Ross Sherwood Anderson, Site Plan Showing Property as it Exists Prepared by Ross Sherwood Anderson. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765~.643 September 6, 2011 Attn: Vicki Zoning Board of Appeals 53095 Main Road P0 Box 1~79 SEP Southold, NY 11971 BOARD OF APPEALS RE: MICHAEL & SUSAN JEFFRIES PROPERTY ADDRESS: PRIVATE ROAD, FISHERS ISLAND SCTM: 1000-1-2-11 Dear Chairman: With reference to the above and pursuant to your request at the September 1st hearing, enclosed please find the revised landscape plan and retaining wall section. Thank you. Very truly ours, Patricia C. Moore PCM/bp encls. FW: |effries - Cross Sections at Prop Ret Wall Subject: FW: Jeffries - Cross Sections at Prop Ret Wall From: Oliver Link <oliver(~andersonarch.com> Date: 8/17/2011 2:42 PM To: Quincy Hammond <quincy@quincyhammond.com> quincy, here you go. see weights from structural engineer. From: Jeffrey Stratton [mailto:Jeffrey. Stratton@GMSLLP.com] Sent: Wednesday, August :1.7, 2011 2:32 PlY1 To: Oliver Link Subject: RE: 3effries - Cross Sections at Prop Ret Wall Yes Average weight (the grade slopes, slightly). Jeff Stratton. P.E. GILSANZ MURRAY STEFICEK LLP Structural Engineers and Building Envelope Consultants 129 V~st 27th Street. 5th Floor New York. NY 10001 212-254-0030 212-477-5978 Fax http://www, gmsllp co m This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed, ff you have received this email in error please notify the system manager The recipient should check this email and any attachments for the presence of viruses. GMS accepts no liability for any damage caused by any virus transmitted by this email. ..... Original Flessage ..... From: Oliver Link [mailto:oliver@andersonarch.com] Sent: Wednesday, August 17, 2011 2:30 PM To: Jeffrey Stratl:on Subject: RE: Jeffries - Cross Sections at Prop Ret Wall jeff, thanks. just so i understand this correctly: the retaining wall, including its footing, is 2100 pounds per linear foot? and the retained soil is 600 pounds per square foot? thanks, oliver From: Jeffrey Stratton [mailto:Jeffrey. Stratton@GHSLLP.com] Sent: Wednesday, August 17, 2011 2:22 PM To: Oliver Link Subject: RE: Jeffries - Cross Sections at Prop Ret Wall Oliver, We have calculated the average wall weight to be about 2100 PLF of wall rum-on a footing 2'-6" wide, the average bearing pressure would be about 840 PSE The average weight of retained soil above the existing grade is about 3300 PLF, for a strip about 5'-6" wide, this comes to about 600 PSE Overall these surcharges are pretty light Best, 1 of 4 8/31/2011 11:43 AM FW: Jeffries - Cross Sections at Prop Ret Wall Subject: FW: Jeffries - Cross Sections at Prop Ret Wall From: Richard Strouse <rstrouse~cmeengineering.com> Date: 8/15/2011 2:49 PM To: Quincy Hammond <quincy@quincyhammond.com>, Oliver Link <oliver@AndersonArch.com>, "Patricia C. Moore" <pcmoorel~optonline.net> Here are 2 cross-sections showing the new wall in relation to the bluff, As you can see the "zone of influence" (45° to the horizontal) is not near the top of the bluff. Maybe have the structural engineer review and have him put some numbers to the sections. This should plot on 11"x17" paper. Call or e-mail with any questions. Good luck!! Richard H. Strouse, P.E., L.S. Director of Private and Commercial Development CME Associates, Inc. 32 Crabtree Lane P. O. Box 849 Woodstock, CT 06281 Tel: 888-291-3227 Fax: 860-928-7846 From: Pete Parent Sent: IRonday, August 15, 2011 2:41 PM To: Richard Strouse Subject-' 3effries - Cross Sections at Prop Ret Wall ^ttachments: Cross Sections at Prop Ret Wall.pdf 253 KB 1 ofl 8/31/2011 ll:44AM QUALITTM CONTROL CERTIFICATION GROUP RE'vtEWEB BATE dOB DATA REV S I 0 N S NO BATE DESCRIPTION EXISTING_/ OF BLUFF CROSS SECTION A-A CROSS SECTION B-B SCALE: 1"=20' CROSS SECTIONS PREPARED FOR SUSAN H. 40 20 0 GRAPHC SCALE IN FEET 40 DATE: SCALE: SHEET: JEFFRIES CME CME Engineering, Land Surveying & Architecture, PLLC fomlcrly CHANDLER, PALMER & KING Phone 888-291-3227 cmeengir~efing BLOCK 1 LOT 5 FISHERS ISLAND, NEW YORK SHARON TREE ELEVATION AT MASTER BEDROOM WING ~OARD 01: AppEALS jeff'ties residence ELEVATION AT SWIMMING POOL LOWER BRICK WALL WITH IVY [~OARD Ol: APPE~LS , - ~ ~ ~ ~ '~ J ' Wt~ ~L ~C~ F~ ~ AT CORNER ~ ~E LOWER ~CK WA~ WflH IVY ~ ~ SECTION - ELEVATION AT SWIMMING POOL jeffries residence i3 jm~e~lm WILLOW ELEVATION AT SCREEN PORCH AND SUNKEN GARDEN SECTION THROUGH LOWER POOL WALL RECEIVED JUL 1 ~, 2011 BOARD OF APPEAL~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of MICHAEL & SUSAN JEFFRIES AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-1--2-11 COUNTY OF SUFFOLK) STATE OF NEW YORK) I,~..~"~6~P~, residing on being duly sworn, depose and say that: On theY+day of August, 2011, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the 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 days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, September 1,2011 Sworn to before me this ~ day of August, 2011 N ota"ry Public *near the entrance or driveway entrance of the property, as the area most visible to passersby. Office Location: Town Annex/First Floor, North Fork 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 July 14, 2011 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 JUL 1 4 2011 Re: ZBA File Ref. No. # 6498 JEFFRIES, M. & S. 1000-1.-2-I 1 Dear Mark: We have received an application for construction of a retaining wall, bluff setback. 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, Encls. Leslie K. Weisman By: [ /~ [jClf~ Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 USPS Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTIIOLD Tel. (631) 765-1809 Fax (631) 765-9064 July 14, 2011 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 XIV of the Suffolk County Administrative Code: ZBA File # 6498 Owner/Applicant: JEFFRIES, M. & S. Action Requested: Construct a retaining wall, bluff setback. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) 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/~ ZBA ~! By: tJ '.Weisman/~ ,rpe~on 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 SOUTItOLD Tel. (631) 765-1809 · ]Fax (631) 765-9064 June 9, 2011 Patricia Moore Attorney at Law 51020 Main Road Southold, NY 11971 RE: ZBA#6167 - Jefferies Dear Ms. Moore: I am in receipt of your letter dated May 18, 2011 and the architectural drawings date stamped received by the Zoning Board office on May 19, 2011, requesting the installation of a lower wall in front of the approved retaining wall that was the subject of the above referenced appeal. The proposal is not considered de minimus in nature since the proposed lower wall will decrease the approved non~conforming setback from the top of the bluff and would therefore require a new application to the Zoning Board of Appeals. Should you wish to pursue this proposal, please apply to the Building Department for a Notice of Disapproval. If you have any further questions please contact the ZBA office. Chairperson/Department Head ~?: Building Department BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. 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:Hsoutholdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 September 16, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA File#6498 - Jeffries Dear Ms. Moore: Transmitted for your records is a copy of the Board's September 15, 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. Vicki Toth Encl. Cc: Building Dept. JEFFRIES NEIGHBOR LIST SCTM: 1000-01-02-11 ANDREW JEFFRIES 9161 HAZEN DRIVE BEVERLY HILLS CA 90210 SCTM: 1000-01-02-10 JONATHAN BRITT 7 SURREY ROAD SUMMIT NJ 07901 SCTM: 1000-01-01-3.3 STRIFE QUALITY PERSONAL RESIDENCE TRUST 53 EAST 66TM STREET, Apt. 50 NEW YORK NY 10065 SCTM: 1000-01-02-12 FISHERS ISLAND DEVELOPMENT CORP. ATTN: F.I. UTILITY CO. DRAWER E FISHERS ISLAND NY 06390 SCTM: 1000-01-01-3.13 RECEIPT RECEIPT 7192 6463 3110 0001 0002 7192 6463 3110 0001 0019 FROM: Moore Law Office FRO M: RE: JEFFRIES ZEA HEARING Moore L . S~ND TO : ANDREWJEFPRiES SEND TO: FEES: Postage FEES: TOTAL $ 5.59 TOTAL $ 5.59 POSTMARK OR DATE POSTMARK OR DATE RECEIPT 7192 6463 3110 0001 0029 FROM: Moore Law Office RE: JEFFRIES ZBA HEARING SEND T~ STRIFE O~ JALITY PERSONAL RESIDENCE TRUST 53 EAST 66TH STREET, Apt 5D NEW YORK NY 100~5 FEES: - TOTAL $ 5.59 POSTMARK OR DATE RECEIPT 7192 6463 3110 0001 0033 FROM: F,tb~RE RS~IS LAN [~ DE~/~LOPMENT FEES~ TOTAL $ 5.59 MOORE LAW OFFdQ~E 51020 MAIN SOUTHOLD NY 1'i'971 A. S~ture: (E3Addres~ or~t) Date of Deliver Secondary Address I Suite I Apt f FJoor Delivery Address City 7192 6463 3110 0001 0026 '1. Article Addressed To: STRIFE QUALITY PERSONAL RESIDENCE TRUST 53 EAST 66TH STREET, APT. 5~ NEW YORK NY 10065 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 IliA, Signe/~re: ¢[~Addres/~e or [:3Agent) C. Date of Delivery 4. Restricted Delivery? 3, Service Type (Extra Fee) [] Yes CERTIFIED 2. Article Number 7192 6463 3110 0001 0033 7192 6463 3110 0001 0033 Article Addressed To: FISHERS.ISLAND DEVELOPMENT CORP- ATTN: F~I. UTILITY CO. DRAWER E FISHERS ISLAND NY 06390 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 7192 6463 3110 0001 0019 Article Addressed To: JONATHAN BRITT 7 SURREY ROAD SUMMIT NJ 07901 ZONING BOARD Of APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of MICHAEL & SUSAN JEFFRIES (Name of Applicant) CTM Parcel #1000-1-2-11 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On thel '7 day of August, 2011, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. v//~TSY P~~S Sworn to before me this ~-'--~((1~ otary Public) PATRICIA C, MOORE Notary Public, State o~ New York S,df.~lk County- No. 4861 ~3)~ Com~m~sior~ E~pires June 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME'. JEFFRIES, M. & S. # 6498 SCTM #'. 1000-1 11 VARIANCE: BLUFF SETBACK REQUEST: RETAINING WALL DATE: THURS., SEPT. 1, 2011 9:50 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 OF APPEALS-TOWN OF SOUTHOLD 765-1809 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 1, 2011 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, SEPTEMBER 1, 2011: 9:50AM - MICHAEL and SUSAN JEFFRIES #6498 - Request for Variance from Art. XXll Section 280-116A(1) and the Building Inspector's July 7, 2011 Notice of Disapproval based on an application for building permit construct a retaining wall, at; 1) less than 100 foot setback from top of bluff ( this is a deviation from the prior ZBA decision #6167), located at: East End Road (adj. to Block Island Sound) Fishers Island, NY. SCTM#1000-1- 2-11 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.South old.ny.us. Dated: August 5, 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 #10371 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott 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 25th day of AU(lUSt, 2011. Sworn to before me this 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 August 8, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday,September 1, 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 Au.qust 17th: 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 aI. JI 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 ability1 and to confirm how arran.qements were made in either a written statement, or durin.q thP, hearing, providin,q the returned letter to us as soon as possible; AND not later than August 24th: Please either mail or deliver to our office your Affidavit of Mailin,q (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 August 25th: 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 applicantJagents 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 Posting for receipt by our office before August 30, 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. 9 NOTICE ~ COUNTY OF SUFFOLK (~) K ,~_ .-,-~ ~'"~ SOUTHOLD ;:,;=c.,,,..~.~,,,o, I~RealPropertyTax ServiceAgencyI~I~ '~ __ ~ 1000 SECTION NO O01 PROPERTY MAP filing set