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HomeMy WebLinkAbout6496BERRY t FfI.IL AND EVELYN ~,~,~te_~a~l_.._ _ . E/S Bailey B~a~: ~ituck, Ny _ March 10~ 1960 Pay? ~ ' ion to reduce fronta~e_~_~.- single lot and approval of access, Private ROW, E/$ Ba~!e~ Begqh~ ~t~9~,. ~OUNTY OF SUFFOLK SOIL AND WATER CONSERVATION DISTRICT 423 GRIFFING AVENUE SUITE 110 Paul A. TcNycnhu~, CPESC Proios DISTRICT MANAGER Phone {631)727-2315 x3 FAX (~1)727-~160 CHAIRMAN Phone (631) 698-7691 September 27, 2011 Leslie Kanes Wiseman ChaxrPerson Town of Southold Zoning Board of Appeals P. O Box 1179 Southold, New York 11971 Re: ZBA# 6496 (Cutrone) Dear Cha/rperson Kanes- Wiseman; As requested, a site visit was conducted at the Cutrone residence at 786 Bailie Beach Road, Mattituck, NY to evaluate the impact of the proposed development activities at this site. Observations: The proposed consu'uction is sited on the southeastern side of the existing two story house and will encroach into the eastern side of the property as identified by stakes in Photo 1. To fadlitate the addition, the removal of a mature Bradford Pear will be necessary. Ground disturbing activities will also be necessary to remove the stump and fadflitate the construction of the foundation. The house is fitted with gutters and downspouts which discharge water onto the ground (Photo 1). The backyard (atop of the bluff) slopes towards the house (away from the blufD and mowing occurs up to the edge of the bluff including a two foot section that slopes towards the bluff (Photo 2). The bluff is fully vegetated with a mixed community of woody and herbaceous species and is in stable condition as is the stairway and bulkhead (Photo 3). The red hue on the vegetation is the salt bran from the recent tropical storms. Office Hours: Monday through Thursday 7:30 a.m. to 4:00 p.m. Considerations: Bluffs are sensitive environments and stability is difficult to achieve due to the slopes and poor soil sl~mctural integrity. Erosion caused by water, wind, ground disturbance, and lack of vegetation are the major threats to bluffs. At this site, efforts should be employed to maintain the current level of bluff stability through reducing rtmoff, maintaining vegetation, reducing disturbance, and ensuring toe stability. The expansion of the foot print of the house will increase the impermeable surfaces. As the house is sited in a low spot, it is encouraged that all new development be fitted with gutters, down spouts and dry wells to discharge water directly into the ground. This will help alleviate flooding at this site during ram events. Although the rear yard slopes away from the bluff, the dry wells will provide additional insurance against runoff from large storm events impacting the bluff. Due to the dose proximity of the bluff to the proposed construction and tree removal activities, it is advised that no heavy equipment be staged on the bluff side of the house. This will reduce the potential for soil compaction and damage to the bluff from the weight of equipment. The removal of the tree should be done by lowering the sections rather than dropl/mg them to the ground to reduce impact, compaction and ground disturbance. Removal of the stump and digging of the foundation should be completed with the least amount of ground disturbance as possible. The Bradford pear is a recognized invasive species of grassland areas and edges and tends to have weak structure, breaking apart during storm events and therefore not advised for use espedally near structures or power lines. Water, naturally flowing or being discharged over the bluff edge is a dominant catalyst of such erosion. The establishment of a five foot wide vegetated buffer by eliminating mowing along the top of the bluff is advised. Such a vegetated buffer, slows water velodties and encourages infiltration thereby reducing runoff over the bluff face. If a more manicured buffer is desired, native warm season grasses such as Big bluestem, Indiangrass, Little Bluestem, or Switch grass can be planted at least two feet from the top of the bluff but not on the slope side of the bluff. Natives are the most adapted to the harsh conditions of the site (salt and drought tolerance) and will successfully persist in the landscape, stal/flize soils and eliminate the need for irrigation and fertilizers. Care should be taken to reduce the potential for ground disturbance's impacting the bluff, by excavating small holes in planting and using native plants in the buffer. No further structures such as fences, posts, or trees should be established at the top of or on the bluff. Additionally, the bulkhead is contributing to the stability of this bluff and therefore it is critical that its structural integrity be maintained. The bulkhead should be regularly inspected especially after storm events to ensure the stringers and stayer boards are stable and that no sediment is being pulled between the stayers and that the scour at the base of the bulkhead is not undercutting. Any repairs should be made immediately to ensure proper function. Failure to do so can threaten the stal~flity of the bluff and the house and repairs can be exceedingly costly. Therefore, maintenance and immediate repairs axe strongly encouraged. If you have any questions regarding these recommendations, please feel free to contact our office. Soil Dis~ict Technician Photo 2 Proposed buffer Photo 3 Photo Gutter/Downspouts Cutrone 786 Bailie Beach Rd, Mattituck, NY Southward Northward Survey Stakes D~^~T~ENT OF ~L~ING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE JUL ] ; 011 ~OARD OF APPEALS SARAH L~NSDALE, AICP DIRECTOR OF PLANNING Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman Dear Ms. Weisman: July 19, 2011 Pursuant to the requirements of Sections A 14-14 thru A14-25 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 Boswell, Wm. L. & Others Estate of Curtis William Horton Cutrone, Nicholas 6494 6495 6496 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) 853~t044 Town HM1 ~nex P.O. Box 1179 54375 State Route 25 Southold, ~ 11971 ~. Main Rd. & Youngs Ave.) ~old, ~ 11971 Telephone: 631 765-1938 ~ t~ F~: 631 765-3136 LOC~ WATERF MEMO NDUM AU5 2 3 2011 To: Leslie Weisman, Chair Members of the Zoning Board of Appeals BOARD OF APPEALS From: Mark Terry, Principal Planner LWRP Coordinator Date: August 23, 2011 Re: Coastal Consistency Review for ZBA File Ref. NICHOLAS CUTRONE #6496 SCTM#1000-99-3-7 NICHOLAS CUTRONE #6496 - Request for Variances from Art. XXII Section 280-116A(1 ) and the Building Inspector's May 31,2011 Notice of Disapproval based on an application for building permit for as built deck and proposed addition, at; 1) as built deck at less than 100 foot setback from top of bluff, 2) proposed addition at less than 100 foot setback from top of bluff, located at: 786 Bailie Beach Road (adj. to Long Island Sound) Mattituck, NY. SCTM#1000-99-3-7 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 "as built" 9'.8" x 24.9" deck is INCONSISTENT with the below denoted Policy Standards and therefore is INCONSISTENT with the LWRP. 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. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. The "as built" 9'.8" x 24.9" deck is located within the Coastal Erosion Hazard Area is a regulated activity and not permissible pursuant to Chapter 111, Coastal Erosion Hazard Areas. Figure 1. Subject Parcel. Figure 2 Subject Parcel and "as built" deck. 3. 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: a. structures which functionally require a location on the coast or in coastal waters, b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. d, sites where relocation of an existing structure is not practical The "as built" 9'.8" x 24~9" deck does not functionally require a location on the coast, is not water dependent and can be located to a location outside of the Coastal Erosion Hazard Area. The proposed addition at less than 100 foot setback from top of bluff is CONSISTENT with the LWRP policy standards and therefore CONSISTENT with the LWRP, Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney TOWN OF SOUTHOLD NOTICE OF DISAPPROVAL To: Peter Gerace for Nick Cutrone 792 Connetquot Avenue Islip Terrace, NY 11752 DATE: May 31,2011 ~49 4~ ~,~ p,~IVI~D JUL 1 1 2011 BOARD OF APPEA~ Please take notice that your application dated May 13, 2011 For permit for an "as built" deck and proposed addition at Location of property 786 Bailie Beach Road, Mattituck, NY 11952 County Tax Map No. 1000 - Section 99 Block 3 Lot 7 Is returned herewith and disapproved on the following grounds: The construction is not permitted pursuant to Article XXII Section 280-116A(I ), 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 bluff or bank." The "as built" deck is noted as being 27' from the top of the bluff. The proposed 2 story addition is setback .~ 1 Authorized Signature F ® '1 (~~-~:~,-~o,,FOUNPATION F:'L. AN TAX LOT LONG ISLAND SOUND GAR GRAVEL DRWEWAY l s c~°~'oo'' w ~.oo' ~ ~ RIGHT OF WAY TAX LOT A-1 RE¥1~ION¢ DEN GLO. BATH CONVERT BEDROOM TO N~ HOt4E OFFICE II II NEH ~ITOHEN B~- - =~% .... ~i_ _1_%/. NEF~DEC~ ~OOF BELO~ I ' I ---I_- I-_ I I I I I I 0/(2. II II BEOROOH OI~ITE NEJ~ d, lO. z I k II ltl _ (~F:~_ONT ELEVATION ~FINAL MAP ~_ ~ [~\~ IREVIEWED BY ZBA| FIN, FIf~ST FL. 1/4" = 1 -0' ELEVATION A-4 h, L (~)LD_F,T,, SLOE] ELEVATION 1/4 : 1-0' TOP.OP PLA~ - ~EV 5 ON5 L .FIN. IP ..... ir 1/4"-~ (0¢'¢.I ,.L,,,.` IREVIEWLD BY ZBA ISEE OEC~S~ON # ID^TED // /_%1 // A-6 TAX LOT 9.4 Z Z LONG ISLAND SOUND HWM 12-~00 HIGH WATER MARK 3-8-11 12pm TOP OF BLUFF 49.15 TAX LOT 6 REceIVED BOARD OF APPEALS COASTAL EROSION HAZARD LINE (10' WIDE - LOCATION ESTABLISHED JOB #10-258-SO SURVEY DF PROPERTY LOCATED AT MATTITUCK TOWN DF SDUTHDLD SUFFOLK CDUNTY, NT S,C,T,M,I 1000-99-3-7 CERTIFIED TDi NICHDLAS CUTRDNE DRWEWAY FR Total Parcel: 29199.6 Sq. Feet 0.7 Acres Area of Hazard Line Forward: 16004.2 Sq. Feet 0.4 Acres Lot Area Coverage Calculations; Total lot area; 29,199.6 Sq. Feet (0.7 Acres) Exisiing Lot coverage; 1,826 Sq. Feet = 6.25% Proposed added coverage; 274 Sq. Feet Proposed resulting lot coverage = 2,100 Sq. Feet = Z19% Lot area landward of existing bluff = 19,004.1 Sq. Feet Proposed lot coverage landward of existing bluff = 11.05% Lot area landward of CZM = 16,004.2 Sq. Feet (0.4 Acres) Proposed lot coverage landward of CZM = 13.12% N 64°23'00" E 257.6' Z S 64°23'00'' W 85.00' RIGHT OF WAY S 64°23'00'' W 31Z0' (REEVE AVE.) BAILIE BEACH ROAD PREPARED BY, DONA£D l.. MALM, .JR LAND SURVEYDR 61 NASSAU AVE ISLIP, NY 11751 631-581-0003 SCALE, 1'= 30' DATE, NAR, 8, 8011 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS RECETVED JUL ii1 2011 HouseNo.~6 Street ~L,[ ~)[&¢H ROAD Hamlet H~TI',rVC~ SCTM 1000 Section ~ 9 Block ~ Lot(s)_ ri Lot Size/O?~( 'Zq~ Zone I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ~t~f ~ ~.)~-°H BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): Mailing Address: ~-~6~ ~/~ ~TgE,~.) ~Sx ~OO~ ~ N~ Telephone: ~ - O~b Fax: 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: NameofRepresentative: ~ G~ for~Owner( )Other: Address: ~ ~N~eT~O~ T' ~51 e~ephone:~qq O[~O Eax:a~l ~ O~ EmaiI:IEV~6~OPTONLINE,NET Please check to specify who you ~ei~ correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), ~ Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED}d~,¢Ctd f$]7_oH and DENIED AN APPLICATION DATED~&~ [% 7..o~ FOR: 6ti' Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy I~ Change of Use Permit forAs-Built Constructio4Htmq'rNN D£a~) ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: Y~Xll Section: ~_~o-IIGA(~) Subsection: Type of A~ppeal. An Appeal is made for: '(,/) A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appealghas, ( ) has not been made at any time with respect to this property., UNDER Appeal No(s). ~.,_~__ Year(s). ~0 .. (Please be st,re to research before completing this question or call our office for assistance) Name of Owner: ~File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: RECEIVED 3UL 1 1 S0I! (l) An undesirable change will not be produced in the CHARACTER of the ditgig,,J~o~.q,oA~/[, ~ detrimenttonearbypropertiesifgranted, because: ~Ro~ ~oo~*~°~ I~ ~ t~] ir (2) applicant to pursue, other than an area variance, because: T~IE Ext$'t'~v~ I~l~lOrdq(~ IS ~E~Y ~LoSE~ (3) The amount of relief requested is not substantial because: The benefit sought by the applicant CANNOT be achieved by some method feasible for the I0oI FRc~ ToP og' BL~I~. ~ ~s~O~ ~E O~ T8~ S~ NA~,~ A ~ ~ I~' F~ ToP ~ (4) The variance wi]] NOT have an aaverse effect or impact on the physical or environmental condiOons in the neighborhood or district because: Fo~P~tNT ~F ~oPO~ p~o~E~T t~ ~//.~T~W~LY SM~ AND Fg~ P~T' G~owr'14 oN I~ (5) Has the alleged difficul~ been self-created? ( )Yes, or ~No. Are there Covenants and Restrictions concerning this land: [] No. dyes (please furnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTt~D, AND PLEASE COMPLETE THE ATTACHED USE' VARIANCE SHEET: (Please be sure to c~ysult y,8~Vattorney.) Sighature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) CATHERINE JOHNSEN NOTARY PUBLIC-STATE OF NEW YORK NO. 01JO6188733 Qualified In Suffolk County My Commission Expires June 09, 2012 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) , I. For Demolition of Existing Building Areas Please describe areas being removed: RECEIVED JUL 1 1 2011 BOARD OF APPEA[.,~ I II. New Construction Areas (New Dwe.l[ing o1' New Al[ditiqps/Extensions): Dimensions of first floor extension: ! ~.- O" ~ ] ~ - ~" Dimensions of new secund floor: ] ['-O~'.)~ Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes please prt~v/de height (above ground) measured from natural existing grade to first floor: 1II. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ] ~AV~btG J<~rcNEN, C-gRI?,T R, cx~I'I;D_FO~J) F$~Tt~,~,(:~.-~'-4 AND olde ,AND TWo ~t~.OR,CX~I /s/vO A, I~Z~TN~yI AT .~f~P Ft..ool~ Number of Floors and Changes WITH Alterations: ~ FLOO~5.~ /~l'rt:ll£N ",NILL 15[: ~.OOl~O To 5F~o/,JD FLo~ IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: ]) ~'Z G c~. FT. Proposed increase of building coverage: ~r]~] cot~. FT. Square footage of yOur lot: q.q10go ~. IT. Percentage of coverage of your lot by building area: r~,,L~ ¢ V. Purpose ofNew Construction: ~-& ~Xff~4D EXes'OUt ~T~g~ VI. Please describe the land contours (tiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Tnt {~Roe~_~.,T¥ IS i~'I~L.ATiV~.by Fiji.T, ~'/,/,~NOF_ WI: F_LEV~,-i-ION iS gRoe~rh' Is Ll~la-rL¥ ~/OoD~D WIT/.I NOSTL'~ LA~/~/ Please snbmit seven (?) 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 Page 3 Assigned Application No. Application by: Office Notes: RECEIVED ~ L JUL ! ~ ~.~ll'- 6OARD OF APPEAL Part B: REASONS FOR USE VARIANCE (~f requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular Dlstrlct Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet}. 2. The alleged hardship relating to the property is unique because: 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: 4. The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet if necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) / (,,/) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your afforney.) Otherwise, please proceed to the siqnature and notary area below. Sworn to before me this...~/)//~.~.. - NOTARY PUBL~*~TAtE OF NEW YORK NO, 01JO6188733 Qualified tn S~ County ~y Comml~ton Expires June 09. 2012 Signature of Appellant or Authorized Agent (Agent must submit Authorization from Owner) ZBA App 9/30/02 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? __Yes ~/ No A~/there any proposals to change or alter land contours? No Yes please explain on attached sheet. RECEIVED JUL 1 1 20111 BOARD OF APPEAI.~ 1 .) Are there areas that contain sand or wetlancl grasses? 2.) Are those areas shown on the survey submitted with 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 ygu contacted the Office of the Town trustees for its determination of jurisdiction? /V/A Please confirm status of your inquiry or application with the Trustees: 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? /V O Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?_ A/O 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? A/O yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: If 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? ~O If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel ~)qisTiNG ~ m6l[ F~f~IL¥ ~O~.. and the proposed use q~,HE ~rr~ .~oo~Tio~ · (ex: existing single family, proposed: same with II garage, pool or other) PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT I SPONSOR 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by A ~llcan! or Project Sponsor) 2. PROJECT NAME co, my ~,J FFoLIq RECEIVED JUL 1 1 2011 SEQR BOARD OF APPEALS 4. PRECISE LOCATION: Street Addess a~t~ Road Interseotlons. Prominent landmarks etc -or orOvide mad 0 ..w' DESCRIBE PR~E~ B~EFLY: 7. AMOUNT OF LAND AFFECTED: IniUally O' J ac~es uIUmately O. l acres 8. WILL PROPOSED ACTION COMPLY WIT~ EXJ,~TING ZONING OR OTHER RESTRICTIONS?~ [~Yes ~.~_JNo I~no'describebr~eflY;~POCF-C) ~":)oltloi"~ 15 5(,~I ~'~ot-t T~I~ 06' ~LvFF RATIS PRESENT LAND USE IN V$C;INITY OF PROJECT? as as many apply.) esidenltal E]lndustdal E]cemmerclal E~riCUlture i~JPark/F0fe$l/OpenSpac8 E~o~er (describe) 10. DOES ACT ON NVOLVE A PERMIT APPROVAL, OR FUNDING, NOw OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AG CY (Federal, State Or Local) 1~],~S A,~3~ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? es, '?__1 No I CERTIFY THAT THE INFORMATION PROVIDED ASOVE tS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / SponSi,nature ~ .t.__~ Name ~~'~__ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART I! - IMPACT ASSESSMENT (To be completed b~/Lead A~lency) JUL 1 1 2011 ~OARD OF APPEALS DOES ACTION EXCEED AN~ TYPE I THRESHOLD iN 6 NYCRR, PAR~T 617'.47 If yes, c~oralnate the review process and use the FULL EAF. r-]Yes r']No WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? ff NO, a negative dectaraUon may be superae~ed by another Involved agency. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING; (Answem may be handwdhen, if tegtb~e) C1. Existing air quality, surface or groundwater quality or quan6iy, noise isvels, existing ffaffK; pattern, sogd waste production Or disposal. Potenllal for snail, drainage of flooding problems? Explain INflatiV: ....... C5. Growth. subsequer~t development, or related eclivftl,es likely to be induced by the proposed aciion? FJ(piain briefly: C6. LO~I~ term sbo~t term, cumu~at[v~:'~ ;;~e~. ~ttects not Identified in Cl-C57 Explain briefly: ' ' C7. Other im~3acts thcludin~ chan~es in use el~ elth?r quantity or t~pe of ener~ Ex a n brte y: D. V~LL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRrTICAL ENVIRONMENTAL AREA (CEA)? (It yes, explain bhefl¥: E. k~ THERE. OR IS THERE UKELY TO BEICO, I~I'ROVF~Y RELATED I,O POTE~/TIAL ADVERSE ENVlRON~EN'FAL IMPACTS* ff y~ explain: PART III - DETERMINATION OF SIGNIFICANCE (To be ~ompietad by Agency) INSTRUCTIONS: For each adverse afl, ct identified above, determine whether it Is substantial, large, Important or othe~viae significant. Each effect should be assessed ir connection with lte (a) setting (i.e. urban cr rural); (b) probability of occurring; (c) duration; (d) irreversibtilty; (e) geographic scope; and (f) magnitude If rmcessa~, add attachments or reference supper§rig materials. Ensure that expl~naUorm ~ontain sufficient dot, ag to show Ihat ati ralevan~ adverse impacts have been identified and adequately addressed. If question d of pert ii was checked yes, ~he determination of signir~ance taus!evaluate 1he potentialimpact of the proposed ~ctton onthe environmental characteristlGs of the CEA. Check this box if you have Ideng~d ode ~ more potent[ally large or iffgng~ca rff adve rs e Impacts which MAY o~-ur The n proceed dire cgy to the FULI Check this box If yo~l have determined, based on the information and analysis above and any suppo~tin9 documentation, that the proposed acU~ WILL NOT result n any significant adveme environmental impacts AND provide, on attachments as necessary, the reasons suppo~ thi determinagon. Name st Lead Agency Date Title of Responsible Office~ Print o~Type Name of Responsitib; Officer In Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible of 6cer) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS WHEN TO USE THIS FORM: 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 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: ~ET~-J~ GER/h:~ ~- 2) Address ofApplicant: rTe/Q_. ~OP~NETC2uOT A~/Eh/UE, ISL/I'° 'TEgRA.(~ NY ilr/~2. 3) Name of Land Owner (if other than applicani): /~/16K EoT~.ONE 4) Address of Land Owner: q-4~ DEVON %T. ~ t:: 'X sT ~'E~Do ¥~ N ~ II F>~° ~ 5) DescriptionofProposedProject:rRo~osg_.[3' AbDIT~ON ALT£~ATIo~ To St~roL~ F~et~c.¥ REg~C~-~r~ 6) Location of Property (road and tax map number): ?~,G D/Xit-.IE [5~r_,gl [~oAD, HKITITJcK N'( I Iq52- 7) Is the parcel within an agricultural district? ~]No llYes If yes, Agricultural District Number a) Is this parcel actively farmed? ~No [~Yes 9) Name and address of any owner(s) of land within the agricultural district containing 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. Name and Address (Please u.~e back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board al 765-193~or tt~oning Board of Appeals at 765-1809. ~Q~) ~I~lx3~'~ ~ /7_4/ II Signature of Applicant Date Note: I. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed actifh 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 part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk oftbe board to the property owners identified above. The cost for mailing shall be paid by the applicgnt at the time the application is submitted for review. Failure to pay m such time means the application is not complete and cannot be acted upon b~ the board. 1-14-09 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECEIVED BOARD OF APPEAL~ The Town of Sou~hold's Code of gthlc~ tx~ohibils onnflie~ of interest on the tmrt of town officers aad emoloye~. The ~uroo~e of · m ~ ~s to ~mvlde mf~ ~h~ ~ ~ ~ ~ to~ of ~le ~fll~ ofmt~ ~d allow it to ~e ~a~v~ a~ion ne~s~ to avoid ~e:. (~t ~, ~] ~, ~ddlc initial, u~l~ ~u ~ ~l~in~ in ~ ~ of T~ ~ Building V~n~ ~ Trustee ~ge of~ne C~l Erosion A~oval of plat M~dng ExempOon ~m plat or offi~al m~ Pl~ing Other (If"O~er"_ name the activity.) Do you ~onaNy [or ~mugh your ~mpmy, ~, sibling, parent, or ~ildj have a relationship ~th ~y offi~r or employee of the To~ of Sou~old? .... "- - · Relaaonshtp includes by bl~, m~tage, or bmm~ retell "Busin~ interest" means a busing, including a pa~e~hip, in which ~e to~ 6ffi~r or employ~ h~ even a p~ial omemhip of (or emp oyment by) a m~mtion in which the to~ offi~ 0r employee om mo~ ~ 5% of~e sha~. YES NO ~ If you answe~ "YES". mmplete ~e bal~ of~is fo~ and date and si~ wh~ indim~d. Name of~mon employed by the To~ of Southold Title or ~sition of tha~ person Deswi~ ~e relationship ~w~ you~elf (~e ~pli~agenff~pr~n~ive) aM ~e town offer or employee. Either check · e appropriate line A) ~mu~ D} ~or d~ in ~e s~m ~vided. ~e to~ offi~r or employ~ or his or her s~, ~blin~ p~nt, or child is (~eck all ~at apply): A) ~e o~ of g~ ~ 5% of&e s~ of~e m~rate st~k of~e ~li~t (wh~ ~e ~pli~t isa m~on); ~B) ~e legal or ~neficial o~ ofmy inter in a n~mte ~tity (~ ~e appli~t is ~t a m~on}; C) ~ offi~r, di~, p~er, ~ employ~ of~e applier; or ~D} ~e actual ~pli~c DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this~day~f~l~ E Signature Print Name ~ETEI:~ A. APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECEIVED BOARD OF APPEALS Thc Town of Southold's Code of Ethica omb/bits conflicts ofintorest on the vart of town offio~s and emolov~. The vuroosc of ~his form is to omvide information wb/ch c~ alert th~ town of oossible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, mlddlc initial, unless you are applying in the name of someone else or other entity, such as a company, lfso, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Variance ~ Change of Zone Approval of plat Exemption from plat or official map Other (lf"Other', name the activity.) Building Tmstee Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship ~ith any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or busine~ interest "Business interest" means a business, including a partnership, in which the town 6ffleer or employs: has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% oftbe shares. YES NO s~ If you answered "YES", complete thc balance of this form and date and sign where indicated. Name of person employed by thc Town of Southold Title ar position of that ~erson Describe thc relationship between yourself (the applicant/agent/representative) and thc town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spottse, sibling, parent, or child is (check alt that apply): A) the owner of greater than 5% of the shames of the emporate stock of the applicant (whe~ the applicant is a corporation); __B} thc legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __C) an offie~r, director, partner, or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 ~Submitted this c:~oc' day of~. ~]/~xe- - .~ 'Zoll Print Name Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM ,JUL 1 1 20H ~)OARD OF APPEAL,~ 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. B. DESCRIPTION OF SITE AND PROPOSED ACTION scm '3 q The Application has been submitted to (check appropriate response): TownBoard [~ Planning Dept. [~ Building Dept. [~ BoardofTrustees[~ Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: Present land use: 1195£ GEZVED JUL 1 1 2011 -ROARD OF APPEA[.~ Present zoning classification: ~' ~r O 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: I~.l'lS_~ GI~/~G~ (b) Mailing address: ri c[~_ Cc~t4NE. rquor AVF_.~uE- lc) Telephone number: Area Code ( ) OffFIC~.; G3[-'7_'~r~-O[~o CELL%(~o(_~,q7..-'TS/~, (d) Application number, if any:. Will the actio~_~ directly undertaken, require funding, or approval by a state or federal agency? Yes [] No ~ lfyes, which state or federal agency?_ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~Yes [] No [] (Not Applicable- please explain) W rtl4 - I /',to ~,O~El~,%~- ,~-FEcT o&/ ~/,tFRASTI~r-.T,01Kff. OR. OPEN -qq°ACE. i-~lg' ff~0.jE,C.T ~FUN~O~CE,~ TNE TRAr~oITIo~JAL L~.ND (JSF ~.TtE.~N oF TNE h/EIG/4BoF~HooO I/V ~qlcH IT Is 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) -I"~tE Si're_ js NOT t-o~r~p /~', A~ A~:A TLI~,W' d,~rr~tqS A~t'( Ht~xo~lc. RE.Soto6~c_.ES ~_vr~aE~ /XtgoV~. GR.o,.J/~P o~ t~{-o~ ~,~.ou,~D o~ u P DE.I~-.W ~T ~iK"3 RECE/VED JUL 1 1 zolf Attach additional sheets if necessary BOARD OF APP£AI.S Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [~ Yes [~ No ~r (Not Applicable - please explain) Q-14F_ ff:~lSTtNG co~TF_ AND ~ESo'J~.~ES ~ NOT Vm¢~LE ~'F~OH T(q~ STm-.EET AND 01~. TlqF. CF{oR~.LtNE~ 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 [~ (Not Applicable- please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No~ (Not Applicable- please explain) /.,{AtMrAT E.C,~lRmrC~ N0 6RAN6E 1~ F_/VVIRc~HE.~r~.L. ~otrtoN~. STo~H D~NA~ ~/~63 BOARD OF ~D_Dr:.A.LS AUach 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. [] Yes [] No ~(Not Applicable- please explain) ~,o6~T I~ A ~tNGLE. F~tL¥ ~StDEN~., ~o /~OUgT~/~L WAS~ 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~g(Not Applicable - please explain) Attach additional sheets if necessary WORKING COAST POL1CIES BOARD OF APPEALS Policy 10. Protect $outbold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - t'olicie$; Pages 4'/through $6 for evaluation criteria. [] Yes ~] No ~'(No, Applicable- please explain) /'JO 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 [] NodNot Applicable - please explain or-q, 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~ifNot Applicable - please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWI~P Section III - Policies; Pages 65 through 68 for evaluation criteria. ~Yes [~ No [] Not Applicable- please explain 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 Expiration ,20 BUILDING i~RMIT APPLICATION CHECKLIS~I · , ¢.F.C~.B/I:D ~ C~6~/ Do you~have or need the following,, before applying'? ~'~ [ / I,~ Board of Health · 1[ H i I 2011 4 sets of Building Plans BOARD OF APPEA[,,~ Planning Board approval Survey PERMIT NO. Check Septic Form N.Y.S.D.£.C. Tmstees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: BLDG. DEPT. a aFF,~c~,~un lv[U~ 1 be~ Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,mpletely filled in by typewriter oi' 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 ingpection 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 add'ition 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 all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspectiona x5~ ~} (Signature of applicant or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, ~ngineer, general contractor, electrician, plumber or builder Name of owner of premises I (As on the tax roil or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. . ,, ..~ ,.~ ;,. ,. 1. Location of land on which proposed work will be done: ~ ,~' '~ '"' House Number Street Hamlet County Tax Map No. 1000 Section ~c~ Block '~o Lot r~ Subdivision Filed Map No. Lot 2. State existing use and occupanOfpremises and intended use and occ cy of proposed a. Existing use and occupancy ~. ,~-roP,,"f ~o£~6F_ ' ' b. Intended use and occupancy ¢'~& Nature of work (check which applicable): New Building Repair Removal Demolition Addition Other Work Estimated Cost Fee If dwelling, number of dwelling units j If garage, number of cars RECEIVED c°nst ti ni 20II ~OARD 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 9fexisting structures, if any: Front ~>Z1:1: Rear Z Height 2r=' ¢- Number of Stories Z Dimensions of same structure with alterations or additions: Front z~-~o Depth ~,_%t Height '~;~ I Numberof Stories 8. Dimensions of entire new construction: Front ! 51Rear Height '~3~ Number of Stories '2__ Size of lot: Front ~ Rear ~ 0 ~ 4- .Depth 10. Date of Purchase Depth 7..000 Name of Former Owner ·; Rear ZG: Z- Depth 11. Zone or use district in which premises are situated p,,,- z~O 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES__ NO 7 Wifl excess fill be removed from premises? YES 7 14. Names of Owner of premises Name of Architect [:[TeR. ~g-~ac[ Name of Contractor NO AddressT_AC,8 pt~ ~'.:6.He, mo, q P_tko. ne No~,[6 9q~r c89t~ Address~~¢.,P"r~onC~NoGZ{ '2.99 0 I°~O 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. PERMIT~ 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: COUNTY OF ¢~..T~.~-,, ~ECRA~E~ teeing duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the /~¢-Cf4 er EoT (Contractor, Agent, Corporate Officer, etc.) of said owner or ownersl ind is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this apl~j~cl~l}r$c~$t-o.the best of his knowledge and belief;/.% and that the work will be performed in the manner set fo~l~$~t~t~e~[~e{~th' · No. 01,106!85733 Sworn to ~ore me t~is _ ~ Qual~ea In. ~fo~ County ~ day offal ~un, 09, ~012 ~ ' - Notaw~ ' S~gnamreo pp TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. JUL 1 ! 201 BOARD OF APPEAL,~ CERTIFICATE OF OCCUPANCY No....~...6.~.0 ......... Date .......................... t~J~...~ ............. , 19..~., THIS CERTIFIES that the building located at .~At,..~O~.¢l...~,~...~.~.],e~'...~.e. aO,l~l..~l~Street Map No.....;~,X;~ ............ Block No....,3:3r~ ............ Lot No. 3g~;:~ ....... ~..~..1~.~.~..1~ .~...~,.....]~.~(., .............. conforms substantially to the Application for Building Permit heretofore filed in this office dated .......................... ~.~,~ ...... .~ ........ , 19..~.~., pursuant to which Building Permit No..,~..~.~3..0. ......... dated .......................... ~]~,~..~,,i~.....~,~, ..... 19..(~.0.., was issued, and conforms to oil of the requirements of the applicable provisions of the law. The occupency for which this certificate is issued is ................ .................... I~'JL.V~ ~e .. ~me...~'e~L]~r.. ~ e~ ~0.e~ee .......................................................................... This certificate is issued to ...... ..]~..~.~-.e~l~lJ~"J..~..~J~.~:J~/~L ......... -(~e~'~J,~ ............................ ;.. (owner, lessee or tenant) of the aforesaid building. ' Building Inspect;r~ OF $OUTHOLD BIm.I~ING DEPART~O, gNT Clerk's OIRce Southold, lq. Y. ~ECEIVED BOARD OF APPEALS Cerlificale C~ Occupancy THIS CERTIFIES that the building located at 7..8~....B~..~..e~...B.c..a.c.h..R..d: .... Street Map No ............. Block No ........... Lot No .................................. conforms substantially to the Application for Building Permit heretofore filed in this office dated .5.ep.~..e~..b.e.r.....~,~. ..... , 19.,77.. pursuant to which Buildinll Permit No .... 9..~.5.2.Z dated .S.et!.~..cC..b.e.~ .... 1.~. ...... , 19.77.., was issued, and conforms to all of the require- merits of the applicable provisions of the law. The occupancy for which this certificate is ~u~ is ....~..~.v.a.t.e., ~..~..~.~!y..~..~..~.~ ! ?~. ~i..~.. ~a..d.~!o..~ ..................... ~ne certiricat~ is issued to It.~'ber~ (lolds~l~S.d.~ of the aforesaid building. Sth~olk County Department o! Health Approval ............ I~..~. ..................... m~avnm~as c~mTH~zcA~ Mo ........ .~..~..c~.. ,~ ............................. HOUSE NUMBER ... 7.8~.. ....... Street ...... .B..~.l.?lr' Beach Road ................................. l~t~:ltuck? N~ ¥o~'k Building Inspc~or TOWN OF SOUTHOLD Office of the Building Inspector Town Hall Southold, N.Y. ACCESSORY (HOUSE NO.) (STREET} FOR. The certificate is issued to NICHOLAS A & CAROLt"N A C~THON~ {OWNSR) of the aforesaid building. N 574096 10/24/01 Rev. 1/Bi JUL 1 1 2011 /~OARo OF APPEAI.~ BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7650 & 7650C DATE: SEPTEMBER 21~ 2011 ISSUED TO: NICK CUTRONE PROPERTY ADDRESS: 786 BAILIE BEACH ROAD, MATTITUCK SCTM# 99-3-7 RECEIVED OCT 2 5 20~ AUTHORIZATION BOARD OF APP 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 September 21, 2011, and in consideration of application fee in the sum of $500.00 paid by Nick Cutrone and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trastees authorizes and permits the following: Wetland Permit to construct a 15'x18'3" second-story addition to the existing one-family dwelling; add wood deck at first floor 29'7"x8'8"; and maintain existing 9'8"x24'9" wood deck at rear of residence; with the condition of the establishment of a 5' wide no-mow area along the top of the bluff; and as depicted on the site plan prepared by Gerace Architecture Studio, last dated June 24, 2011, and stamped approved on September 21, 2011. 1N WITNESS WHEREOF, the said Board of Trustees 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. LONG ISLAND SOUND JUL 11 ZO~ BOARD OF APPEALS SURVEt LOCATE TO~N [ SUFFOL ~.CiT,M.i CERTIFi NICHOL~ z RIGHT OF WAY 16o04.2 Sq. Feet DON, View looking North at front of residence - proposed addition is staked out to right of residence. Date taken; 6-18-11 786 Bai[ie Beach Road, Mattituck NY 1~.952 Owner; Nick Cutrone Applicant; Peter Gerace View looking North at front and right side of residence - proposed addition is staked out to right of residence. Date taken; 786 Bailie Beach Road, Mattituck NY ~1952 Owner; Nick Cutrone Applicant; Peter Gerace View looking Southwest at right side of residence - proposed addition is staked out. Date taken; 786 gailie Beach Road, Mattituck NY 11952 Owner; Nick Cutrone Applicant; Peter Gerace View looking West at right & rear side of residence - Existing "as built" deck and railing are behind bush. Date taken; 6-:~8-11 786 Sallie Beach Road, Mattituck NY :1.1952 Owner; Nick Cutrone Applicant; Peter Gerace View looking South at rear of residence and existing "as built" deck. Date taken; 6-18-11 786 Bailie Beach Road, Mattituck NY 11952 Owner; Nick Cutrone Applicant; [~eter Gerace View looking East at left side of residence - Existing "as built" deck is visible behind bushes. Date taken; 786 gailie Beach Road, Mattituck NY 11952 Owner; Nick Cutrone Applicant; Peter Gerace View looking North at right side of residence showing main area of proposed work. Date taken; 6-18-11 786 Bailie Beach Road, Mattituck NY 11952 Owner; Nick Cutrone Applicant; Peter Gerace , .TOWN ,Of. SGUTHOLD, NE~V,Y. ORw. Appeal No. ~6 Dated ~ 2Z, ~0 RE~Z~D . u~ ..... m~ ~. : 2GARD OFAPPEA~ ' at a meetln~ of ~he Zoning Boa~ of Appeals on ~, ~ ~0, ~0 t~e a~eal ' was co~ider~ and the oction ihdicat~ below was taken o~ your (~) Request for ~rionce due to I~k of access to prope~ . ( ) R~uest for a ~ial exertion under the Zoning Ordinance (~) Request ~r a variance to the Zoning Ordinance. ' ' ( ) I. SPECI.~L EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be ~ronted ( .i I:~ d~nie~l pumuant to Article: ............... .~ctian ................ 5ubsectkm, .: .............. p~gral~: . ............... , of the Zoning; Ordinance, and the decision. . of the Building Inspector, : '. ( ). be reverged ( ) belcOVlfirmed b~couse I 2. VARIANCE. By resolutioh df the Board it was determined tl~ ' (~) Strict o~olk;a(ion o;[ the Ord{~ance (~ould)~llll~DrOduce undue hard§hip b~cause 30. ~fe nd ollke ~n the i~m~iote vicJni~ o~ ~is prepe~y ofld in ~e s~e use distr~t ~ouse ~l ~ ~ ~e*The wr~once (.~) ~ ~serve the spirit ~f the Ordinance 0~ (~ (would ~t) c~flge th~ c~mcter of the district bec'ouse ~e ~m~ ~e &e ~&~ ~ X~ ~ ~e aha, offal therefo~ i~ wos ~urthe~ de~erm~ned ~hot the requested vorioflce (X) be Gmnt~ ( ) he denied ond t~ot th~ previous decisi~s o~ the ~uiJd~n9 Inspector ( ) ~ confirm~ (X) ~ reve~. ZONING BOARD OF APPEALS 80,~D OF: Nick Cutrone 2468 Devon Street East Meadow, NY 11554 Letter of Authorization ~ECElrVED JUL ! ! 2011 BOARD OF APPEA/.~ Phone: (516) 794-0878 Let it be known that Peter Gerace & Gerace Architecture Studio, 792 Connetquot Avenue, Islip Terrace, NY 11752, Tel: 631-277-0190 Has been retained to Act as Agent to Perform All Acts for Development on My Property Identified Below. These Acts Include; Pre-Application Conference, Filing Applications and/or Other Required Documents Relative to All Zoning Applications, Building Permit Applications, New York State DEC Applications. 786 Bailie Beach Road, Mattituck, NY 11952 Described in Records of Town of Southold Under Suffolk County Tax Map # 1000-99-3-7 ! understand that ! remain fully responsible and liable for all acts performed under said permits. This authorization is valid for 2 years Property Owner:, ~ Date: Printed name: I~,c~ b~x Address: ~~,~ City/State/Zip: ~~ ~ / //~ Before me the above signed personally appeared tL ~ OJ ~ ~ ~d~ , who is personally known by me or has produced ~rs~n~ll~j ~o~m to the person described and who executed the fore~ing instrumant for the purpose therein and it is true and correct. Sworn to and subscribed before me this J State or xjo~ County of ~J ~(~ © Witness my hand and official seal, this day of Notary Signature My Commission Expt~s DOROTHY FRANCO ',Jotary Public State of New York TOWN OF SOUTHOL~ .-~OPERTY RECORD CARD VILLAGE DISTRICT ACREAGE SUB. LOT JUL I 1 2011 BOARD OF FORMER, OWNER ,., ,.. · ), /~4~ ~'n,y ND IMP. TOTAL /2-.-~ AGE Tilleble 2 Tilloble 3 Woodlond Swompland B rushl~;[ ~.~ 3o~e~ / ,,.,"7oo,,,. House Plot Toro I FAP~ W DATE , TYPE OF B~ ILDING REMARKS . CB. MISC. /o~/~ ~ ~ RECEIVED 'JUL 1 BOARD OF APPEALS M. Bldg. ~f sr.d x~ens on Extension Breezeway Garaae 99-3-7 2/04 ,tion /? /_.~, Bath ,> ~; Floors ..~ 70 / Basement Ext. Walls Fire Place Porch 1/7 Porch /~--o Patio .¢~ ~, Driveway ~o0 Interior Finish Heart ROoms 1st Flor Rooms 2nd Floor Attic Mm Bldg. ~E1 xtension Extension ..370 ~Foundation Basement Ext. Walls Fire Place Porch Porch Patio Drivewoy ,/ '> 'l ( F__ Bath Floors Interior Finish Hear~ Attic ROoms 1st Floor Rooms 2nd Floor Jd Extension Breezeway L~oro e ~.Z~ /.23-' Foundation ~ 70 Basement Ext. Walls Fire Place //? /~---~ Patio g4' ~' Driveway ,200 Porch Porch Bath Floors Interior Finish Heat Attic Rooms 1st Floor Rooms 2nd Floor *JUL 1 1 2011 BOARD OF APPFAL~ ' ~t +dtc d. RECEIVED BOARD OF AppEALS 99-3-7 gar apt 2/04 M. Bldg. E.~rff xtens on Extension _E~ion Breezeway .370 117 Foundation Basement Ext. Walls Fire Place Porch Porch Bath Floors Interior Finish He~ Attic Rboms Ist Floor / I/~/ Patio Driveway Rooms 2nd Floor RECeiVED JUL ! 7. ~H L, /. M. BUg. [c~tensibn Extension 99-~-7 gal' apt ~ r //7 Foundation Bath Basement /;~ ~-, Floors Ext. Walls Interior Finish Fire Place Porch Heat I ~/~ (?) H-d I,.c ~. I Attic Porch ROoms 1st Floor Rooms 2nd Floor . . ,.,. .' . , ~ : RECE'IVED: "'" JUL !! zO ' :' "' ": :',~;:i:" ,': BOARD OF APPEALS SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 12/06/2000 Number of p'~ge~: 7 At: 03t24:22 PM TRANSFER TA~ N~3%XBER: 00-17865 LIBER= D00012088 PAGI~: 8 4 8 DimtIiCt; ,Nect£o~: ~lock: Lot: 1000 [)99,00 03.00 007.000 E)~A]4INED AND CHARGED AS FOLLOWS ~ceive6 the Followin~ Fe~s For Above Instrument Exem] COE $$.00 NO EA-CT¥ $5.00 NO ~A-ETAT~ $2~.00 NO T~-584 $5.0~ NO Cert.Copies $?,00 NO RPT $15.00 NO SCT~ $0.00 NO Tr&nsfer tax $0.00 NO Co~.~reS $0.00 NO F~es Paid A PART OF THE INSTR?3~4EN~ County Clerk, Suffolk County JUL 1 1 ~011 BOARD OF APPEALS --~ ' y R ding & Endorsement P_age_ ,, Suffolk Countecor_ .... (SPECiFf 'I%~E OF or; IAIvlLET ,ff ~_~I',: .... '( INK ONL'~ pglOP. TO REC~ )RDI~'G OR FJLD,;G gO),~.% - THI 'U 9 h43..j $1' BE T i~¥EO OR pR [i',-'t'g-.D IN BLAC ~ICROLA5 A. C~JTRON~ ani C.~OLYN &. CUT, ONE, husband a~d wife, ¥1TNESSETH, that the pa fL,' of thc first pa.~, in cotk*idaration of Ten Dollan~ ,md ~her val~.bl¢ considoration aid by t~ pa~ &~¢ s¢~nd ~, do~ hetty ~n[ ~d ~[¢~ unto the ~ of th~ s~nd pa~. lbo hein or TO~ ETH.F~ wi~h a)l fight, title m'~d inter,st, if any, of the party of the first pm", of, in ~ to eny s~ and roa~ abua~ ~e above~e~fi~d ~e~es ~ ~ ~t~ lines ~f; T~ETHER ~th the ~AT~ OF NEW YORK Cou~Y OF SU~O~ I, EDW~D R R~NE, CL~K O? [= [[ COUN~i ~ SUFFO~ AND CL~RK OF ~E ~PREME C~RT OF THE STATE OF N~ YORK IN AND FOR S~O ~U~ (~lD COURT BEING A COURT OF R~D) DO HEREBY CER~ ~AT I HAVE ~F~ED THE ~N~ED COPY OF ~, ~ AND ~T IT IS A JUST AND TRUE ~Y ~ SUCH ORIGINAL ~ ~D OF ~E WHO~ IN IES~MONY WHEREOF, I ~VE HEREUNTO SET MY ~ND AND ~FIXED ~E SEAL OF CLERK RECE'VED~o L~ ~ JUL 1 1 ZOll BOARD OF APPEALS 8ignatlt~,~) on th~ ll~rum¢*li, th~ individu~l(s), or t~* p~, ~on la ._t~~ JUL 1 ! 2011 BOARD OFAPPEALS D*r~fT.*rc"~ 10o0 SI~C~:O}~ 099.00 ~'r,OCK 03.00 O~ :~ ~ ~ O~ ~0~ ~0~ ~ ~ac :er~a~ ~Xo~, Di~Oe Or paro~l o~ l~, wihh JUL ! ! 20~1 BOARD OF APPEALS JUL 1 1 ~011 BOARD OF APPEALS RECEZVED JUL ~! 2011 BOARD OF APPEALS ,JUL 1 1 2011 BOARD OF APPEA/..~ Town of Southold P.O Box 1179 Southold, NY 11971 Date: 07/13/11 * * * RECEIPT * * * Receipt~: 110260 Transaction(s): 1 1 Application Fees Reference Subtotal 6496 $1,000.00 Check#: 713 Total Paid: $1,000.00 Name: Cutrone, Nicholas 2468 Devon Street East Meadow, NY 11554 Clerk ID: CAROLH Internal ID: 6496 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 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 13,2011 Zoning Appeal No. 6496 Transmitted herewith is Zoning Appeals No. 6496 of Peter Gerace for Nick Cutrone- 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, Copy of Application for Building Permit with Disapproval Dated May 31,2011, Copy of Notice of Disapproval from Building Department Dated May 31, 2011, Copy of Certificate of Occupancy No. Z 680 for Private One Family Residence Dated June 18, 1960, Copy of Certificate of Occupancy No. Z9187for Private One Family Dwelling with Addition Dated August 24, 1978, Copy of Certificate of Occupancy No. Z-28098 for Accessory Three Car Garage with Non- Habitable Storage Space Dated December 3, 2001,Two Pages of Action of Zoning Board of Appeals No. 266 Dated March 11, 1960, Authorization Letter from Nicholas A Cutrone to Peter Gerace to Represent Him in this Matter Dated April 13,2011, Four Pages of Property Record Cards (Some Both Sides), Five Pages of Deed Between Marion & David Goldschmidt to Nicholas & Carolyn Cutrone Dated April 3, 2000, Four Pages of Regal Title Agency Schedule A Continuation, Copy of Survey Showing Proposed and Existing Construction Dated March 8, 2011 Prepared By Donald L. Malm, Jr., Six Pages of Plans Showing Foundation, Floor and Elevations Dated June 24, 2011 Prepared by Gerace Architecture Studio. #10392 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 22nd day of September, 2011. Sworn to before LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THIJRSDAY OCTOBER 0, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 207 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings wi]] be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at thc Town Hall, 53095 Main Road, PO, Box 1179, Southold, New York 11971-0959, on IHURSDAy OC- 1~507 - Request for Variances from Ar ticle XVII Code Section 280-70J, based on an application for building permit to extend and coqocate on an existing wire- less telecommunication facility and the Building Inspector's July 12, 2011 Notice of Disapproval concerning proposed antenna support structures at; 1) more than the ma:dmum code required height of 45 feet, 2) less than the code required distance to adjacent residential property lines of 500 feet. Location: 415 Elijah's Lane Mattituck, NY. SCI~M~1000-108_ Disapproval based on an application single family dwelling at; 1) less than the 1hrop Drive) (adj. to Silver Eel Cove) Fishers Island, NY. SCTM#1000-9-8-3.2 son Road (adi. to Long Island Sound) 10:.40 A.M. - THOMAS R. & WEN- ~ - Request for Variance from Code Article XXIII Sec- tion 280-124 and the Building lnspector!s July 8,2011 Notice of Disapproval based on an application for building permit for additions to a single family dwelling at: 1) less than the code required front yard setback of 40 feet, 2) less than the code required rear yard setback of 50 feet, lo- cated at:350Wampum Way (Tepee Trail), Southold, NY. SCTMg1000-87-2-29 ~ - Request for Variance from Article III Code Section 280-13 based on an application for build- ing permit to build an accessory building on a vacant lot, and the Building Inspec- tor's July 20, 2011 Notice of Disapproval stating that an accessory building is not permitted on a vacant 'lot (without a principal dwelling), located at: 700 Bay- view Drive (adj. to Spring Pond) East Marion, Ny. SCTM#1000-37-54 ~6fl04 - Request for Variance from Ar- ticle XXIII. Code Section 280-122, and Article III Code Section 280-15 and the Building Inspector's June 2, 2011 Notice of Disapproval based on an application for building permit for additions/altera- bons to a non-~onforming accessory garage at; 1) a nonconforming building larged as long as the action does not crc ate any new nonconformance or incre :~ s ~' of nonconformance with regard to the regulations pertaining to such buildings, 2) less than the code required side yard setback of 15 feet, 3) second floor roof donners at more than the code required 40% of the rOof width, located at: 2000 Nassau Point Road (adj. to Broadwaters Cove) Cutchogue, NY. SCTMgl000-104- 10-IL1. 11:40 A.M. - pl~lll,IP and JENN[- - Request for Variance from Article III Code Section 280-15 and the Building Inspector's August 10, 2011 Notice of Disapproval based on an application for building per- barn at; 1) height at more than thc code 522 Town Creek Lane and 845 Maple Lane (adj. to Town Creek) Southold, NY. SCWMg1000-64-1-14.7 & 29 Principal Clerk CHRISTI OLI I NOTARY PUBLIC*STATE OF NEW YORK 12'00 P-M. * TAUBIN FAMii,~O' 01-V06105050 TRUST ~'~09 - Request for Variance ~led In SUffolk Counly 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 1 t971-0959, on THURSDAY~ SEPTEMBER 1,2011: 10:30AM - NICHOLAS CUTRONE #6496 - Request for Variances from Art. XXll Section 280-116A(1) and the Building Inspector's May 31, 20tt Notice of Disapproval based on an application for building permit for as built deck and proposed addition, at; 1) as built deck at less than 100 foot setback from top of bluff, 2) proposed addition at less than t00 foot setback from top of bluff, located at: 786 Bailie Beach Road (adj. to Long Island Sound) Mattituck, NY. SCTM#1000-99-3-7 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. 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 (MailinglUSPS) 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 Peen regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 25th day of Auqust, 2011. Principal Clerk day of eLL 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 August 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 all 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 tn 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 hearing, providing 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 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 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 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 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME-. CUTRONE, NICK # 6496 SCTM #: 1000-99-3-7 VARIANCE: BLUFF SETBACK REQUEST: "AS BUILT" DECK & ADDITION DATE: THURS., SEPT. 1,2011 10:30 AM If you are in.terested in this. project, you may review the file(s) prior to the hearing dunng normal bus,ness days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name 6ff Applicants) SCTM Parcel # 1000- ~e] _~ _r1 CO~T¥ O~ SU~O~a STATE OF NEW YORK AFFIDAVIT OF MAILINGS residing New York, being duly sworn, deposes and says that: On the I *] day of ~06xJ~~r ,20 ~, I personally mailed at the United States Post Office in ~'5clf' '['ISI~R~C~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property ownersfihown on the current assessment roll verified from the official records on file with the ('4) Assessors, or ( ) County Real Property Office for every property which abuts and is across a pubic or private street, or vehicUlar right-of-way of record, surrounding the apaJ~t's~p~. ~ (Signature) Sworn to before me this ~ dayof/ff,~C~- ,20 II (Notary Public) CONNIE D. BUNCH Notary Public, State of New York No. 01BU6185050 Qualified in Suffolk Commission Expires ,~pril 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. LoT H~.'Trcru~:l<: NY 11~157_. m ,~J .~I~'~]AL USE 0~'~2 r-- E~ Certified Fee r--i Return Receipt Fee ~r~ (Endorsement Required) RestriCted Delivery Fee O {Endorseme~lt Required) Totat Postage & Fees ru ~.~ 0/52 %'>- pOst~r~ . $2.~0 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as scm Parcel#1000- qq - 3- COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~T~_... ~___~_t-e. tkG~_, residingat r]~7- ~oNNF-.'f'G~,.uoT ]$L.I p TEt~t~/x,(_.~ Nx( {1 t75%New York, being duly sworn, depose and say that: On the ~1 day of /~O~ouS'[ ,201{ , I personally placed the Town's 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 to the date of the subject hearing date, which heating date was shown~o be co[f, re[~P~E~ (Signature) Sworn to before _ (Not y * near thc entrance or driveway entrance of my property, as thc area most visible to passerby. · Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. · Prfnt 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: 2. Article Number 7010 2781 PS Fom3 3811, February 2004 [] Addressee ~(~ecaived by (~°flr/t~d/~) C, e ~ ~e~ D. Is~d~d~l? []Yes If YES, ent~ delive~ add~s ~low: ~ No 3. Service Type [] Cmtlfied Mail [] Registered I'-1 Insured Mail 4. Restricted Delivery7 (Extra FTe) [] Express Mall [] Return Receipt for Merchandise [] C.O.D, []Yes 0000 2725 7325 Domestic Return Receipt · COmplete items 1 2, and 3. Also complete item 4 f Res~cted Delivery is desired. · Pdnt your name and addmes on the mveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or ~.~,~e front if space permits. 1. ArticleAddressed to: [] Agent C. Date of Daiivery 1 item 17 ~]Yes If YES, enter delivery address below: [] No 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 SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 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 July 12,2011 JUL 1 3 Re: ZBA File Ref. No. # 6496 CUTRONE, Nicholas 1000-99.-3-7 Dear Mark: We have received an application for an "as built" deck and proposed addition, 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. Encls. 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 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 July 12, 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 # 6496 Owner/Applicant: CUTRONE, Nicholas Action Requested: "As built" deck and additions, 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. /Veisman ~e,/~on '~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehfinger 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 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 August 31,2011 Re: ZBA File Ref. No. 6496 (Cutrone) Dear Sir or Madam: We have received an application for a project adjacent to Long Island Sound in Mattituck, NY, and shown on the enclosed site map. The hearing on this application is expected to be held on September 1,2011. 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. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI'IOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 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 November 4, 2011 Peter Gerace 792 Connetquot Avenue Islip Terrace, NY 11752 RE: ZBA Application #6496 - Cutrone Dear Mr. Gerace: Transmitted for your records is a copy of the Board's November 3, 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. NOTICE ~ COUNTY OF SUFFOLK """'E.~CE,~LTE,.,~S~LE 0, I~'~C.--~ Real Properly Tax Service ~.~,~. o~ ~,. ~.~T~ o~ ~ ~.k__~y.~l c~ C..~e~ ~i~rh.~,, ~ mol ~,, a~ SOUTHOLD ~"~ 1000 SECTION NO PROPERTY MAP 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.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-90~ FINDINGS, DELIBE~TIONS AND DETE~I~T~l~ MEETING OF NOVEMBER 3, 2011 ZBA FILE: #6496 NAME OF APPLICANT: Nicholas Cutrone SCTM# 1000-99-03-07 PROPERTY LOCATION: 786 Bailie Beach Rd. (adj. to Long Island Sound), Mattituck, 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 19, 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 DETERMINATION: 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 23, 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 "as built" 9.8'X24.9' deck is INCONSISTENT with certain Policy Standards and is therefore INCONSISTENT with the LWRP. Additionally, the proposed addition at less than the 100 foot setback from top of bluff is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Subject property is improved with a single family dwelling and an accessory garage it contains 29,199.6 sq. ft. It has a 20.00 foot right of way on Bailie Beach Rd., 85.00 feet on the south property line, 310.00 feet on the west property line, approx. 97 feet on Long Island Sound and 310.00 on the East property line as shown on a survey prepared by Donald L. Maim, Jr., Land Surveyor dated March 8,2011. BASIS OF APPLICATION: Request for Variances from Art. XXII Section 280-116A(1) and the Building Inspector's May 31, 2011 Notice of Disapproval based on an application for building permit for as built deck and proposed addition, at; 1) as built deck at less than 100 foot setback from top of blurt; 2) proposed addition at less than 100 foot setback from top of bluff. RELIEF REQUESTED: The applicant requests relief to maintain an as-built 9.8' x 24.9' deck at 27 feet from the top of a bluff; where the code requires a 100 ft. setback. The applicant also requests relief to construct a proposed two-story addition at 5 1.3 feet from the top of a bluff; where the code requires 100 feet. ADDITIONAL INFORMATION: A letter from Suffolk County Soil and Water dated September 27, 2011, advises that no heavy equipment be staged on the bluff side of the house. Additionally, the existing bulkhead is contributing to the stability of the bluff and the bulkhead should be inspected regularly and any repairs should be made immediately to ensure its proper function. The as-built subject deck is partially located in the Coastal Page 2 of 3 - November 3,201 l ZBA File#6496 -Cutrone CTM: 1000-99-3-7 Erosion Hazard Area. The Board of Appeals adjourned the first public hearing on September 1, 2011 to October 6, 2011 so that the applicant could appear before the Town of Southold Board of Trustees on September 22, 20l 1 to obtain the required coastal erosion hazard permit under Chapter 111 and a setback permit under Chapter 275 of the code. These permits were subsequently granted as applied for with the condition that a five foot wide "no mow zone" (non-turf buffer) be established along the top of the bluff. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on September 1,2011 and October 6, 2011 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(l). Granting of the requested variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The as built non-conforming waterfront deck existed for many years without a CO prior to the applicant's purchase of the subject property in 2007, and is a common feature to dwellings in this neighborhood. The proposed two-story addition is modest in size at 15 ft. x 18 ft. +/- and is appropriate to the size and character of the subject dwelling and other dwellings in this neighborhood. Both, the as-built deck and proposed two-story addition will be screened from view by mature vegetation. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The entire dwelling exists within 100 feet from the top of a bluff and consequently any proposed and/or as-built additions to the dwelling will require a "top of bluff" setback variance. 3. Town Law §267-b(3)(b)(3). The variances granted herein for the as-built deck at 27 feet from the top of a bluff and the proposed two-story addition at 51.3 feet from the top ora bluff, respectively requiring a 73 foot (73%) and 48.9 foot (48.9%) variance from the Code required 100 feet are both mathematically substantial. However, the proposed addition is landward of the existing dwelling's setback from the bluff of 36.6 feet, and there is less potential adverse environmental impacts by allowing the deck to remain than by requiring its removal. 4. 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. It is advised by Suffolk County Soil and Water that no heavy equipment be staged on the bluff side of the house. Storm water mn-off shall be contained on site per town code requirements. The Town of Southold Board of Trustees have reviewed this application for adverse environmental impacts and granted the necessary permits to allow the as built deck to remain and to proceed with the proposed addition.. 5. Town Law §267-b(3){b)($). The difficulty has been self-created. The applicant acquired the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purehase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the as-built deck and the proposed two-story addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: in considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to Page 3 of 3 November 3,2011 ZBA File#6496 -Cutrone CTM: 1000-99-3-7 GRANT, the variance as applied for, and shown on the Architectural drawings entitled "Proposed Addition For: The Cutrone Residence" drawing #'s, A-1 through A-5 all dated 6-24-11 and drawing #A-6 dated 6-26-11, subject to the following conditions; CONDITIONS: · 1. No heavy construction equipment is permitted on the bluff side of the existing dwelling. 2. A five (5) foot wide "no mow" (non-turf) buffer be established and continuously maintained along the top of the bluff. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued 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 of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals· 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 nonconlBrmity. Vote of the Board.· Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Homing. (Absent was.' Member Schneider) This Resolution was duly adopted (4-O). Leslie Kane~s Weisman, Chairperson Approved for filing// /177 /2011