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BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn 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 RECEIVED FINDINGS, DELIBERATIONS AND DETERMINATION ~~.~ MEETING OF NOVEMBER 17, 2011 $outh I -Id'Town Clerk ZBA FILE: #6510 NAME OF APPLICANT: Michael and Corrine Slad¢ PROPERTY LOCATION: 1435 West Road (adj. to Wickham Creek), Cutchogue, NY. SCTM~1000-110-7-26 SEQ~ DETE~iNATION: The Zoning Board o~ Appeals has visited the prope~y under consideration in this application ~d determines that this review falls under the Type Il catego~ of the State's List of Actions, without ~uaher 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 September 14, 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 review 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 a recommendation dated October 26, 2011, based upon the recommendation, as well as the records available to us, it is the Board's determination that the proposed action is CONSISTENT with the LWRP, provided best management practices are followed. PROPERTY FACTS/DESCRIPTION: Subject parcel is improved with a 2 V2 story frame house with attached decks and accessory in-ground swimming pool and shed. It has 304.35 feet of frontage on West Road, 220.00 on the eastern prope~ty line, 89.47 feet along the southwestern property line, 348.61 feet along the westerly property line and Wickham Creek and 107.69 on Wickham Creek (northern property line), as shown on the survey prepared by Peconic Surveyors dated April 19, 2011. BASIS OF APPLICATION: Request for Variance from Code Article XXIII Section 280-124 and Article XXII section 280-116 and the Building Inspector's August 11,2011 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling at: 1) less than the code required rear yard setback of 50 feet, 2) less than the code required setback of 75 feet from a bulkhead. RELIEF REQUESTED: The applicant is proposing to construct additions and alterations requesting a rear yard setback of 42.5 feet where the code requires 50 feet and a bulkhead setback of 50 feet where the requires 75 feet. ADDITIONAL INFORMATION: At the public hearing, the applicant's agent submitted a Town of Southold Trustees approval and NYS DEC letter of non-jurisdiction. Subject property received a prior Zoning Board grant #3582 in 1986 for the existing in-ground swimming pool. Page 2 of 3 November 17, 201 I ZBA File#6510 - Slade CTM: 1000-110-7-26 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application November 3, 201 l, 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: 1. Town Law Sec.267-b(3){b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The existing house has been in its location since 1980, it is similar to other homes in the area, including the setbacks. The proposed additions and alterations are in keeping with the size of other dwellings in the neighborhood, and the seaward living space addition will not be visible from the street. 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 an area variance. The dwelling is situated within the 75 foot bulkhead setback and any addition to the waterside of the dwelling will require a variance. 3. Town Law §267-b(3)(b)(3). The variances granted herein arc not substantial based upon the existing location of the dwelling and in-ground swimming pool. In 1986, the swimming pool was granted a variance of 40 feet from the ordinary high water mark, there was no bulk heading at that time. The rear yard setback represents a 14.8% variance relief. The bulkhead setback represents a 33% variance relief and is substantial, however, it mitigated by the existing swimming pool installed prior to the bulkhead and is now located 30 feet +/- from the bulkhead. 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. All rainwater runoff will be retained on site with the use of underground drywells and the sanitary system for the residence meets the Suffolk County Dept. of Health Services standards for sanitary waste water. 5. Town Law l~267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased 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 purchase. 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 additions and alterations to this dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for, and shown on the plans prepared by Samuels & Steelman, labeled as site plan (SP), first floor plan (1), elevations (2) and elevations (3) dated August 2, 2011, subject to the following conditions: Conditions: 1. A five (5) foot wide landscaped buffer, incorporating existing vegetation landward from the edge of the wetland adjacent to the residential structure. 2. A pool de-watering dry well be installed and shown on survey/site plan. 3. The existing 8.2'X12.Y shed on the eastern property line, shown on the survey by Peconic Surveyors dated April 19, 201 I, must be moved to a conforming location. 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. Page 3 of 3- November 17, 201 I ZBA File#6510 - Slade CTM: 1000-110-7-26 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 V~eisman (Chairperson), Goehringer, Dinizio, Schneider. (Absent was: Member Horningj This Resolution was duly adopted (4-O). Ideslie Kanes Weisman, ChairPr~son Approved for filing // / / ~/2011 so~'P 0 LINE ONE SITE PLAN SCALE: 1" = 20'-0" REPLACE WITH NEW WD I~ECKING & RAILING TO MEET CODE SITE DATA SCTM # PROPERTY: ADDRESS OWNER: SITE: ZONING: SURVEYOR: 1000-110-07-26 t435 West Road Cutchogue NY 11935 Michael & Corinne Slade 1435 West Road Cutchogue NY 36,321 SQ. FT. [] 0.8338 ACRES RESIDENTIAL 40 (R-40) PECONIC SURVEYORS, P.C. 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 LICENSE# 49618 DATED APRIL 19, 2011 LOCATION MAP FLEETS NECK ZBA TRUSTEES NOTICE OF DISAPROVAL DRAWN BY: NS CHECKED BY: DATE: AUGUST2, 2011 SCALE: 1" = 20'-0" SHEET TITLE: SITE PLAN SHEET NO.: SP // FIRST FLOOR PLAN SCALE: 1/4" [] 1' -0" EXIST. DEC, Id,. NEI,'~ ~ Ef~R,Ad, E EXIST. EN'I'~"r' DECK-. EXlSTIN~ lip ~ " EXIST. LAUNPt~'r' EXIST. CLOSET K..ITC, HEN NEI~I PlNIN~ ROOM t=XISTIN,~ LIVlN~ LINE OP EXIST.-- Nt=I~I LIVIN~ t~OOH A~DITION EXISTIN~ DEC, t<. I~'HOVE EXI,~T. DEC.,KIN~ ~/ IN~T~ 21 'REIelOVE EXIST. EAILIt, E, ~ IN~TALL NB~ ~ F~,~ILII',I~ TO 1,,'IEtET C, ODg EXIST. POOL FINAL MAP REVIEWED BY ZBA SEE DECISION # ~ DATED ~-/ ~_~ / ~-~'-- ZBA TRUSTEES DATE: AUGUST 2, 2011 SCALE: 1/4" = 1' - 0" SHEET TITLE: FIRST FLOOR PLAN SHEET NO: 1 'ION NORTH ELEVATION SCALE: 1/4" [] 1'-0" SOUTH ELEVATION SCALE: t/4" -- 1'-01" Nt~ ADDITION REVIEWED BY ZBAI ISEE OEC~S,O. #L~_. I ZBA TRUSTEES NOTICE OF DISAPPROVAL 1104 :)RAWN BY: NS :)ATE: AUGUST 2, 2011 3CALE: 114" = 1' - 0" SHEET TITLE: ELEVATIONSI iHEETNO: N~ A~ITION EAST ELEVATION SCALE: 1/4" = I'-0" NtE~ AOOITION WEST ELEVATION SCALE: 114" = t'-0" ZBA TRUSTEES NOTICE OF DISAPPROVAL ~Z. -J~. = )RrO~ ~ I' NO: 1104 DATE: AUGUST 2, 2011 SCALE: 114" -- 1' - 0" SHEET TITLE: ELEVATIONS 3 SURVEY OF PROPERTY AT CUTCHOGUE TOBrN OF SOUTHOLD SUFFOLK COUNTY, N. Y. $c,4r.~.. I =30 APRIL 19, 2011 · RECEIVED BOARD OF APPEALS FLOOD ZONE FI?OM FiRM MAP NUMBER $6105C0165H SEPTEMBER 25, 2009 ELEVA ~ON$ REFERENCED TO N.A.V.D. The Iocotlon of septic s, wtem shown hereon ore from field observotions ond or from dato obtolned from oth~'~. AREA=36,521 SQ. FT. TO TIE LINE .--MONUME~r rREVIEWED BY ZBA I IDATE".,~ N.Y.S. UC. NO. 49818 PECONIC SURt~EYORS, P.C. (6~I) 76~-~020 tAX (~0 7~5-1~9~ P.O. BOX 909 1230 TRAVELER STREET soumow, ~.v. .~7~ ~-~ou New YOrk State Department of Environmental Conserv on Division of Environmental Permits, Region 1 SUNY @ Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631) 444-0365 · Fax: (631) 444-0360 Website: www.dec.ny.qov LETTER OF NO JURISDICTION TIDAL WETLANDS ACT October 19,2011 Mr. Michael Slade 1435 West Road Cutchogue, NY 11935 Re: Application #1-4738-01140/00014 1435 West Road, Cutchogue SCTM#1000-110-07-26 Dear Mr. Slade: Based on the information you submitted, the Department of Environmental Conservation has determined that the property landward of a retaining wall and rip-rap greater than 100 feet in length and constructed before 8/20/77, as shown on TW Map #712-540 and TW Map#712-542, is beyond Tidal Wetlands Act (Article 25) jurisdrction. Therefore, in accordance with the current Tidal Wetlands' Land Use Regulations (6NYCRR Part 661) no permit is required. Be advised, no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all precautions are taken to prevent any sedimentation or disturbance within Article 25 jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the jurisdictional boundary and your project (i.e. a 15' wide construction area) or erecting a temporary fence, barrier, or hale bay berm. This letter shall remain valid unless site conditions change. Please note that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies or local municipalities. _ ar~k C~arrara Permit Administrator CC: Samuels and Steelman BOH-TW file Jill M. Doherty, President Bob Ghosio, Jr., Vice-President James F. King Dave Bergen John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 September 21,2011 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Mr. Tom Samuels Samuels & Steelman Architects 25235 Main Road Cutchogue, NY 11935 RE: MICHAEL & CORRINE SLADE 1435 WEST ROAD, CUTCHOGUE SCTM# 110-7-26 Dear Mr. Samuels: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, September 21,2011 regarding the above matter: WHEREAS, Samuels & Steelman Architects on behalf of MICHAEL & CORRINE SLADE applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated August 19, 2011, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 21,2011, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of MICHAEL & CORRINE SLADE to construct a one-story addition to the existing dwelling; one-story addition to attached garage; new basement access door; and remove and replace the existing decking and railing at pool enclosure; with a line of staked hay bales with silt fencing to be installed prior to construction; and as depicted on the site plan prepared by Samuels & Steelman Architects, last dated August 2, 2011, and stamped approved on September 21,2011. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees:$100.O0 Very truly yours, Bob Ghosio, .Jr. Vice President, Board of Trustees BG/ec OFFICE LOCATION: Town Hull Annex 54375 State Route 25 ,(cot. Main Rd. & Youngs Ave.) MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROG2,AM (~ ~-( (~ TOWN OF SOUTHOLD l~lr~ ~.g~. 2 7;201h MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: October 26, 2011 Re: Coastal Consistency Review for ZBA File Ref. MICHAEL and CORRINE SLADE #6510 SCTM#1000-110-7-26. _ MICHAEL and CORRINE SLADE #6510 - Request for Variance from Code Article XXlII Section 280- 124 and Article XXII section 280-116 and the Building Inspector's August 11,2011 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling at: 1) less than the code required rear yard setback of 50 feet, 2) less than the code required setback of 75 feet from a bulkhead, located at: 1435 West Road (adj. to Wickham Creek), Cutchogue, NY. SCTM#1000-110-7-26. 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 LWRP review provided the following best management practices are required: If the action is approved, to further Policy 5: Protect and Improve Water Quality in the Town of Southold and Policy 6; Protect and Restore the Quality and Function of the Town of Southold Ecosystem it is recommended that the Board require the creation of a landscaped buffer (incorporating existing vegetation landward from the edge of the wetland adjacent to the residential structure). A sample definition of a landscaped buffer is provided below for your use. LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation similar to that found within the immediate proximity of the parcel Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009] In addition, it is also recommended that a pool de-watering dry well be specified. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE REGE'~/ED BOARD OF APPEAI-~ SARAH LANSDALE, AICP DIRECTOR OF PLANNING September 14, 2011 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair 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 them appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Slade, Michael & Corrine (c/o Nancy Steelman Berglund, Joan (c/o Patricia Moore) Treanor, Patrick Terrell, Barbara & Dennis Municipal File Numbers 6510 6511 6512 6513 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 TO: Nancy Steelman for M & C Slade 25235 Main Rd. Cutchogue, NY 11935 Please take notice that your application dated August 3, 2011 For addition & alteration to an existing single family dwelling at Location of property 1435 West Rd. Cutchogue, NY County Tax Map No. 1000 - Section 110 Block 7 Lot 26 Is returned herewith and disapproved on the following grounds: FORM NO. 3 NOTICE OF DISAPPROVAL DATE: August 11, 20~IEcEiVED4atc.~v 5/'0 AUG 3 '1 2011 BOARD OF APPEALS The proposed construction on this non-conforming 36,321 sq. ti. lot, is not permitted pursuant to Article XXIII Section 280-124 which states; '~i'his section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10." For lots between 20,000 and 39,999 sq. fi., the required rear yard setback is 50'. The proposed addition indicates a rear yard setback of approximately 42.5'. In addition, the proposed addition is not permitted pursuant to Article XXII Section 280- 116 which states: "All buildings or structures located on lots upon which a bulkhead, ... and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." The proposed addition is indicated at 50' from the bulkhead. RECEIVED AUG 3 1 2011 Assignment No.~~EAL$ APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 1435 Street West Rd. SCTM 1000 Section 1 1 0 Block 7 Lot(s) 26 Hamlet Cutchogue Lot Size 36321S.F. Zone R-40 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 8nl/~ BASED ON SURVEY/SITE PLAN DATED 81212011 Michael and Corrine Slade Applicant(s)/Owner(s): 1435 West Rd. Cutchogue, NY 11935 Mailing Address: 631-734-7629 Telephone: Fax: Email: cookieslade@yahoo.com 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: Nancy Steelman .forr~Owne~-"~ther: 25235 Main Rd, Cutchogue, NY 11935 Address: 734-6405 734-6407 Telephone: Fax: Email: nancy@samuelsandsteelman.com Please check to specify who you..~j~ correspondence to be mailed to, fro, tt~e above names: [~npplicant/Owner(s), ]~]nuthorized Representative,u Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED Aug 2. 2011 and DENIED AN APPLICATION DATED Aug 3, 2011 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: xxm, xx, Section: 280-124. 280-116 Subsection: FOR: Type of Appeal. An Appeal is made for: ['~A Variance to the Zoning Code or Zoning Map. A Variance due to lack of access required by New York Town Law- Section 280-A. Interpretation of the Town Code, Article Section [--~Reversal or Other a prior appeal[] has, ~- ] has not been made at any time with respect to this property, UNDER Appeal No(s). 35~, Year(s). ~N]0~ [~ ~'[_.0 . (Please be sure to research before completing this question or call our office for assistance) '~ RECEIVED REASONS FOR APPEAl, {,,dditio,,,,I.d,t,t,t~ mar be ,,~ed ¢ith prepa 'er'~ ~i~m,tu,'e): ~UG 3 ] ~Oll (I) Au nndesirable change ~ill not be prodaccd ill the CIIARACTI~R of the neighborhood or a detriment to nearby properties if granted, becanse: SEE ATTACHED (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: SEE ATTACHED (3) The amonnt of relief requested is not substantial because: SEE ATTACHED (4) The variance will NOT have an adverse effect oe impact on the physical or environmental conditions in the neighborhood or district because: SEE ATTACHED (5) ttas tile alleged difficulty been sell'created? ~l'v es, or [~)No. Are there Covenants and Restrictions concerning this land: ~No.~Yes (ldease (urnish copy). This is the MINIMUM that is necessar5 and adequale, and at the same time preserve and protect the character of the neighborhood and the health, sati't3, and ~elfare of the community. Check thix box ~ IF .I USE I:IRI, I.~'CE IS BEIN(~REeUI~STE~ AND PI. EASE co,~ez, er6' THe S~orn to e[ore methis ~v Publi~ - i;o. 01Rt~0~¢2467 ©'"7;;~:'~d in Suffolk Cotmtv TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20__ Approved ,20 Disapproved a/c /C Expiration ,20.__ PERMIT NO. AUG 3 2011 B[DG OEPI. TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIS~I Do you have or need the following, before applying? Board of Health "'~4 sets of Building Plans Planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form atact: Mail to: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date ~g25:1.2. , 20 II I a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for remova)~ or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, houpqng code, and retaliations, and to admit authorized inspectors on premises and in building for necessary inspections.,/-"2/ I/ / ~3i~n~t9~ff~a~ Or n~me' if a cOrpOrati°n, State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises Ml~q:::to] ~ d'or!nng - t- -t (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. Location of land on which r)ror~osed work .kb/-,e House Number Street will be done: Hamlet County Tax Map No. 1000 Section Ik9 Block C~7 Lot Subdivision Filed Map No. Lot State existing use and occupancy of premises and mtende~t use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 4 I(')t9 Fee 5. If dwelling, number of dwelling units If garage, number of cars Addition ,~' Alteration Other Work (Description) (To be paid on filing this application) Number of dwelling units on each floor -~' 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. ' .-' 7. Dimensions of existing structures, if any: Front Height ~---~¢' Number of Stories Rear ~:52. I Depth Dimensions of same structure with alterations or additions: Front (.,~. t Rear Depth L¢~:~ ~- Id) Height ,;:z.F21 Number of Stories ~_ 8. Dimensions of entire new construction: Front ---- Rear --- _Depth Height -- Number of Stories -- 9. Size of lot: Front~Rear ~;~¢[ ,z[-7 ' Depth 10. Date of Purchase //~qO 4.//_ Name of Former Owner 11. Zone or use district in which premises are situated ~ -,,~-o 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ,~ NO 13. Will lot be re-graded? YES__ NO 14. Names of Owner ofnremises l~lc~}~m'~re--~zl,~ddress Name of Architect ~mt,w_,g Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES,,~ * 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. NO 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 · IF YES, PROVIDE A COPY. __NO ~ STATE OF NEW YORK) COUNTY OF,..~)S: ~_. ,Y~21. ~_+~! tVV-~l~ being duly sworn, deposes and says that (s)he is the applicant (Name of in~lividual signing contract) above named, (S)He is the .~i,~t,'~'l-bt~,,-~ (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to pertbrm 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. Sworn to before me this --IA ~> day of~l~.~DS , , N°~i~n~on Expires May 30, ?uO2= / - "~l~ature of Applicant REASONS FOR APPEAL Owner: Michael and Corrine Slade Area Variance Reasons: RECEIVE~ ..- ~) AU6 3 1 Z0Ii BOARD OF APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or be a detriment to nearby properties if granted, because: The proposed one story addition is located at the rear of the house and will not be seen from the street. The adjacent neighboring house is located forward of the proposed addition and will not be affected. (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 existing site constraints limits the options for any increase in area to the existing house. The setback restrictions are substantial due to one side of the site being located along the channel to Wickham Creek. As a result, the normal side yard setback of 20' becomes 75' because of the existing bulkhead and the allowable building envelope becomes extremely limited for a site this size. The existing House is located 126.2' from the front property line. The property tapers to the rear and become narrower towards the rear property line where the house is located. As result the proposed addition encroaches into the rear yard by 7'-6". (3) The amount of relief requested is not substantial because: A. The location of the proposed addition within the 75' setback from the bulkhead is located behind existing house which is 31'-3" from the bulkhead. The existing deck is 19'-6" from the bulkhead. The proposed addition is 50' from the bulkhead. The relief is not substantial considering the location of the existing structures. The location of the proposed addition within the rear yard setback is located behind the existing pool and deck which is 11'-9" and 3'-3" from the rear property line. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The overall increase in square footage to the existing house is minimal considering the overall sizes of the houses within,the neighborhood. APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Michael & Corrine Slade 1. For Demolition of Existing Building Areas Please describe areas being removed: None Date Prepared: August 16, 201.~b~ r RECEIVED -uo o Z0il 1I. New Construction Areas (New Dwelling or New Additions/Extensions): BOARD OF APPEALS Dimensions offirst floor extension: 15'-10" x 21~-0" Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): 22 ' - 3" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: 111. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) ~ Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Single family residence, 2 stories, with attached garage and decks. Separate fencedpool and deck area Numberof~oorsandChanges WITH Altermions: Same- with living room and garage addition IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 4 980.3 7 s. f. Proposed increase of building coverage: 4 82.38 S.F. Square footage ofyour lot: 36,321 S.F. Percentage of coverage of your lot by building area: 15.04 % V. Purpose of New Construction: New living room addition New storage area at garage New basement access VI. Pleased~crlbethelandcontours(flat, slope %,heavilywooded, marsharea, etc.)onyourland andhowitrelatestothedifficul~in meetingthecoderequirement(s): See Attached 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 RECE[VED ~" ~UG 2 ! 201T BOARD OF APPEALS APPLICANT'S PROJECT DESCRIPTION Applicant: Michael and Corrine Slade Question vi. Please describe the land.contours (flat, slope%, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting thc code requirement (s). The existing site is level and partially wooded. The entire southwest side yard of the property is along the channel to Wickham Creek. A portion of this edge has a revetment and the remaining edge has a bulkhead. The required 75" from the bulkhead, which would otherwise be a 20' side yard setback on a non waterfront property, creates a substantial difficulty in meeting the code requirements. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION RL:CEZV'ED 2 201 Is the subject premises listed on the real estate market for sale? [] Yes QZNo BOARD OF APPEALS Are there any proposals to change or alter land contours? ~No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? No 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? Yes 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees:Submitting application for wetlands perm±t: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? None (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? None If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? No the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel Single family /,nl~leds:e~st%/i~rinaand prg~iggle-l'amil?; pro'oPen'ds Ud~wi~ ~,~?or pool, or o~er description.) A~og~e3 ~ature h~d ~ate 2/05;1/07 PROJECT LO. NUMEER 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (To De completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Michael and Corrinne Slade Slade Residence 3, PROJECT LOCATION: Municipality Southold cou.,y SuffDlk 1435 West Road, Cutchog~e, NY: & wickham Creek- Property at inter- RECEIVED section of West Road and West Creek Avenue. /.~/~'/ ~ 5. [$ PROPOSED ACT1ON: DESCRIBE PROJECT BRIEFLY: Construction o£ a new living room addition, and a new garage addition ~UARD OF APPEALS new basement access door SEQR 7. AMOUNT OF LAND AFFECTED: S. WILL PROPOBF. O ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND U~E RESTRICTIONS'/ [] Yes [~No If NO. describe briefly Living room addition will require a variance due to encroachment into rear yard setback and distance to existing bulkhead g. WHAT IS PRESENT LANO U~E IN VIDINIT~ OF PROJECT? IJ~ Raslclent laJ [] industrial [] COrn meteJal [] Agriculture [] p~/IdIF~l~l~O~n $~ ~Oth~r Property abuts a commercial marina ~.0. OOE~ ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVFJ~NMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Ye~ [] NO I~ y~S, list Ige~,'y(s) Ifld pem~lt/ll~l~Vl~ Town of Southold Trustees - Wetlands Permit 11. DOE~ ANY A~PECT OF THE ACT]ON HAVE A CURRENTLY VALID PERMIT OR AR~ROVAL? Yea [] No If yes, list agency name and permlt/~pproval NYS DEC - In receipt of Non-jurisdiction letter Ap mlc~nUspo, sot..-, m~'~: Nanc~r'~qt ~..~ ] mn n. OVER )ART II--ENVIRONMENTAL ASSESSMENT ('Fo be completed ~3y Agency) =~. WIL~. ACTION RECE!vE CO0tqD]NATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS ~N 6 NYCRR. PART 617 $? If NC. a negat=ve cectarahO= '..o,.~ ~.,.~. ~.o. ~*,m, :.,~uia.v., o, o,~ *f,*~,~ .o~ i~.~,.ieo ,~ c~-~? ~. ~n..~. RECEIVED AUG 3 1 Z011 BOARD OF APPEA~ Yes ~ No E IS THERE, OR tS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ~ Yes [] NO it Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) tNSTRUC'/'ION$: For each at, verse effect identified above, determine whether it is substantial, large, important or oHqe~ise significant. Each effect should be asseasecl in connection with its (al setting (i.e. u~oan or rural); (bi I)roba~iiity of occurring; (c) duration; (d) irreversibility; (el geographic scope; and (fl magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain suificient detail to show that all relevant adverse impacts have been identified and adequately addressed. ~ Check this box if you have identified one or more potentially large or significant adverse inl'l~,~cts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive cieciaration. [~ Check this box if you have determined, based on the information and analysis above and any supporting ciocurnentation, that the proposed action WILL NOT result in any significant aclverse environmental impacts AND provide on attachments as necessary, tile reasons supporting this 0etermination: AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED AUG 3 ] 2011 BOARD OF APPEALS gVHEN 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 operation located in agricultural district. Ali 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 ofApplicant: Michael and Corrine Slade 2) Address ofApplicant: 1435 West Rd., Cutchogue, NY 11935 3) Name of Land Owner (if other than applicant): 4) Address of Land Owner: 5) Description ofProposed Project: Additions to an existing single family residence 6) Location of Property (road and tax map number): 1435 West Rd. 1000-110-7-026 7) ls the parcel within an agricultural district? []No []Yes If yes, Agricultural District Number 8) ls 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 numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six properly owners are identified.) The lot numbers may be~~ ~'dvance, when requested from either the Office of the Planning Board at 765-1938 or the~f~ppeals at 765-1809. ~ig~.e~ ~o'~A~i c a~ n tt-~ t t~ Date Note: 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. Commenls 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 of the board to the prope~y owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submined 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 (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessas-/to avoid same. YOURNAME: Nancy Steelman (Last name, flint name, middle initial, unless you are applying in the name of someone else or other entity, such as a company, lfso, indicate the other person or company name.) ~. NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance x Special Exception If "Other", name the activity: RECEIVED BOARD OF APPEALS Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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 ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO x Complete the balance of this form and date and sign below 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 Submitt. ed tlti~/~7 t l~la~o f2ugu ~ 2011 Signatu r ~/. / ~/,~/:~/~--~ Print Na~ne~rN~I~e e lman APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the pan of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Michael Slade (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 Variance x Special Exception If "Other", name the activity:. Change of Zone Approval of Plat Exemption from Plat or Official Map Other RECEIVED AUG 2 1 2011 BOARD OF APPEALS 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 ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO x Complete the balance of this form and date and sign below 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, panner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP thl~ ~~--~ 011 Submitted Signature: Print~"Ml'-chael Si'~a ~ APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Corrine Slade (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 Variance x Special Exception If "Other", name the activity: RECEIVED AUG 1 2011 BOARD OF APPEALS Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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 ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO x Complete the balance of this form and date and sign below 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 day o,f Aug_ust 2 011 Signature: ~ ,~/~ PrintName: Corrine Slade Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEALS A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Deparlxnent, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ll0 - 7 26 The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [~ Building Dept. ~ Board of Trustees ~ ZBA 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: Construction of new additions to an existing single family residence. Locationofaction: 1435 West Rd, Cutchogue, NY 11935 $iteacr~age: 36,321 S.F. or .8338 Acres Present land use: Single Family Residence RECEIVED AUG 3 1 Z011 Present zoning classification: R- 4 o BOARD OF APPEALS If an application for the proposed action has been filed with the Town of $outhold agency, the following information shall be provided: (a) Name of applicant: M±chael and Cook±e Slads (b) Mailing address: 1435 West Rd., Cutchoque, NY 11935 (c) Telephone number: Area Code ( ). 631-734-6405 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ~ No ~ If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III -Policies; Page 2 for evaluation criteria. [-~ Yes [] No [] Not Applicable Adding to an existing residence preserves open space around the existing residence and makes efficient use of the existing structure and property. Also the addition to the property is far less than the 20% lot coverage allowed by zoninq. 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 There are no historic or archeological structures on property. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ~-~ Yes [] No ~ Not Applicable The addition to the existing residence is in keeping in style and scale of neiqhborinq structures. ,~uu o I £UII Attach additional sheets if necessary NATURAL COAST POLICIES BOARD OF APPEALS 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 All rainwater runoff is and will be retained on site with the use of underground drywells. 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 All rainwater runoff is and will be retained with nhe use of underground drywells. The sanitary system for the residence meets Suffolk County Dept. of Health Services standards for sanitary waste water. The property 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 No development will take place in the "protected" or "natural indiginous environment". Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. [] Yes [-~ No [] Not Applicable The development will not add pollutants into the air. Ail construction vehicles meet the Federal standards for air pollution discharge. The mechanical systems of the residence meet the federal standards for air pollution discharqe. 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 The construction and use of the residence will make use of the town's disposal and rec¥clinq center. RFCFTVFi') PUBLIC COAST POLICIES BOARD 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 LWRP Section HI - Policies; Pages 38 through 46 for evaluation criteria. [~ Ye~ No [] Not Applicable No public land involved. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No [] Not Applieabie The site has an existing marina with slis for 7-8 boats- This will remain and will not be effected by the proposed construction. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ~-~ Yes ~ No [] Not Applicable This project wxI1 protect and preserve the living marine resources by maintaining all rainwater discharge and sanitary flow from the residence on site by the existinq sanitary system and dr~wells for ra~,Tater runoff_ Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable /~(~/~ There are no agricultural lands on site. RECEIVED ~UG ~ 1 2011 BOARD OF APPSALS Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not App,icab,c The construction will be using equipment approved by the Federal government for energy usage. The residence will meet Federal standards for conserving enerqy "enerqy Star Proqram" and will use "NY State Enerqy Conservation and PREPARED BY _Nancy Steelm . Created on 5/25/05 11.'20 AM ~ DATE $outhold Town Board of Appeals ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 358Z Application Bated November lC, ]986 TO: Mr. and Mrs. Larry Stahl 1435 West Road Cutchogue, NY 11935 Mr. Arthur Sieme'rling as Agent [~pellant (s) ] ~~ r' RECEIVED At a Meeting of the Zoning Board of Appeals held on ~aY]~]] ,' l'98~7 the above appeal on your [ ] [ ] [ X] AUG 3 ] 2011 woe coneidered, and the action indieate~ .below woe taken Eeqneet for Variance Due to Lack of Access to Froperty BOARD OF APPEALS New York Town Law, Section 280-a Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article XI, Section [ ] Request for Application of LARRY AND SANDRA STAHL for a Variance to the Zoning Ordinance, Article XI, S~ction 100-11922, for permission to construct swimmingpool, deck and fence enclosure, within 75 feet of tidal wetlands, or tidal water, whichever is greater, at 1435 West Road, Cutchogue, NY; County Tax Map ·Parcel No. 1000~110-07-26._ WHEREAS, a public hearing was held and concluded on April 23, 1987 in the Matter of the Application of LAR~¥ ~ND~ANDRA STAHL under Appeal No. 3582; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the p'remises in questiog, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. By this application, appellants request a Variance from the Provisions of Article XI, Section lO0-119.2(B) for permission to constru'ct an .inground pool of a s~ze 20' by 40', open deck ' areas, and fence enclosure with an insufficient setback (at its closest point) to the highwater mark at 32 feet. The setback of the pool is shown to be not less than 36 feet from the ordinary highwater mark. 2. The premises in question is located along the south side of West Road, Cutchogue, ~ore particularly identified on the Suffolk County Tax Maps as District lOOg, Section IlO, Block 7, Lot 26, and contains a total area of one acre. 3. The subject premises is located in the 'A-40" Residential and Agricultural Zoning District and is improved with a single- family, two-story framed dwellieg with porch areas, having a setback of 34± feet from the ordinary highwater mark as shown by survey prepared November 25, 1980 by Roderick VanTuyl, P.C. DATED: May ]5, ]987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) age 2 - Appeal No. 3~J2 Matter of LARRY AND SANDRA STAHL Deci sion R'end~red~ 4. The site in question is devoid of vegetative cover along the water side and is adjacent to Wickham Creek. Soils on the site are mapped as filled land, dredged material. This soil con- sists mainly of coarse sands with gravel and shell fragments. Slopes on the site are flat; however, along the creek there is a short steep slope of approximately a 1.5 feet horizontal to I foot vertical, which extends from slightly above the highwater line, up to the yard elevation. The proposed pool would be approximately 12 feet away from the top of this slope. Along the toe of the slope there is a wooden fence-like structure (or rip-rap type) with horizontal planks. The lowest plank is partially buried about 4-5 inches deep be the creek side. ' Under storm conditions and/or during Spring tides, scouri~ng may be caused along the lowest plaq~ ~nd w~u]d'undermi~e possibly jeopa~gizjng the stabil]:ty of the Slope. 5] It is the o~inion of ~i~iB~rd that ~n alternative and very similar location in the rearyard with a setback of not closer than 40 feet to the wooden (rip-rap type) structure, or retaining wall, or the ordinary ~highwater mark, whichever is closer, is more feasible under the above circumstances. The deck areas between ~he house and pool can be reduced is size without difficulty, or in the al. ternative, a smaller pool can be considffyed... 6. It is noted for the record that by Building Permit #10587Z, the existing dwelling was constructed, and accordingly, the difficulties are self,imposed. 7. In considerin~ ~his appeal, the board also finds and determines: (a) the relief requested is substantial in relation to the requirements, being a variance of 57 percent; (b) the relief as requested is not the minimal necessary; (c) the difficulties claimed are sufficient to warrant the granting of alternative relief, as noted below; '(d)' there is another method feasible for appellants to pursue other than a variance; (e) the circumstances of the property are unique; (f) the granting of this alternative relief is within the spirit of the zoning ordinance add criteria set by the (g) the difficulties claimed are self-imposed, particularly to the location of the dwelling with a setback from the front (road) property line at more than lO0 feet; (h) in view of the ~anner in which the difficulties ' justice would be served by granting the alternative relief, as indicated below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance under the Provisions of Article XI, Section 100-119.2 for permission to construct pool, deck areas, and fence enclosure, in the Matter of the RECEIVED AUG 2 ?0 1 BOARD OF APPEALS - Pa~e 3 - Appeal No. 3\~62 Matter of LARRY AND SANDRA STAHL Decision Rendered May 11, 1987 Application of LARRY AND SANDRA STAHL, under Appeal Ne. 3582, SUBJECT TO THE FOLLOWING CONDII~]FONS: 1. No construction closer than 40 feet to the existing retaining wall, or ordinary highwater mar~, whichever is closer; 2. Placement of railroad ties or similar material approved at a minimum depth of three feet below grade along the south and east sides (facing water); 3. No runoff or discharge of pool waters into waterway and Cove areas; 4. No overhead or obstrusive l'ighting (lights to be shielded to the ground); 5. Minimum setbacks on all other property lines as required by Code (particularly the southeast property l_in~). [Column A-40 of the Zoning C~e presently requires a minimum of 15 feet in one sideyard, minimum of 20 feet in the other sideyard..] Vote of the Board: ~ Wes: Messrs. Goehringer, Grigonis and Sawicki. (Members Doyen and Douglass were absent.) This resolu- tion was duly adopted. GE~RD P. GOE,RINGER, 'C~i~IRMAN May 15 , 1987 RECEIVED AUG 2 1 20U BOARD OF APPEALS FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of Occupancy BOARD OF APPEALS THIS CERTIFIES that the building ................................................ ~/~5 West Road, Cutchogue, N.Y. Location of Property ..... ': ........................ 's't/e~i ....................... House Ivo. 110 County Tax Map No. 1000 Section ............ Block ..... 7. ......... Lot.. ~6. ............ Subdivision .............................. Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore filed in this office dated ....~I.a?.qh.. ~.0. ......... 19..8.0pursuant to which Building Permit No .... ]..9,5.8.7...Z .......... dated ,..l~..a.r.c.h..~..P-., .............. 19..8.0, was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... Private One-Pemtly Dwelling Friede Stahl The certificate is issued to ..................... ~d~,n'~'r,~ ..................... of the aforesaid building. Suffolk County Department of Health Approval ..... ~.0..-.~.0.-.0..6..l.J:./..~.6/.~..0..R.o.b..e?.t..A.:..V.~.I. 1 a UNDERWRITERS CERTIFICATE NO. N50089'1 Rev 4/79 FORM NO. 4 TOWN OF SOUT~OLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY 3 BOARD OF APPEALS ~o: Z-34060 Date: 11/06/09 THIS u~KTIFIEE that the building SOLAR PANELS "AS BUILT" Location of Property: 1435 WEST RD CUTCHOGUE (HOUSE NC.) (STREET) (F.~MLET) Cotuaty Tax ~4ap ~o. 473889 ~ectio~ 1t0 Bl(~_k 7 L~)b 26 Subdivision Filed Map No. __ Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 18, 2009 pursuant ho which Building Permit No. 35051-Z dated OCTOBER 6{ 2009 was issued, and conforms to all of the requirements of the applicable provisions of the law. The OCCupancy for which this certificate is issued is "AS BUILT" SOLAR pD/gEL ~d)DITION TO AN EXISTING ONE FA24ILY DWELLING A~ APPLIED FOR. The certificate is isaued to MICHAEL & CORINNE SLADE (OWNER) of the aforesaid building. S~FOLKC~DEP~OF~{;%P~o~rl%L N/A ~L~CTRIC~%L tu~K-~IFIC3%~NO. 8549 05/10/08 ' Au~orized Signature Rev. 1/81 FO~ 1~0. 4 TOWN 01~ ~OUT~DLD Office of the ~ldi~ T~ H~11 Sout~ld, N.Y, RECEIVE~ p AUG ~ 1 20~ BOARD OF APPEALS ~o=a~ion of ~xo~er~y: . 143S...W~.~T ~D .~UTC~ cO~O~ s~st~ially to the A~t~tion for Bu~ldimg Pe~i~ ~xeto~o~ was ~ssued, ~ co~o~s to ~1] of the re~m~n~s of the applic~le p~visio~ of ~h~ law. ~e ououpancy for wh~ ~ u~Timz~ATI0~ DATED Rev, 1/8i N .5~6238 ~th~i,f. ~ig~tum 12/27/oo /L # FORM NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY RECEIVE / BOARD OF APPEALS No Z19326 Date AUGUST 30¢ 1990 THIS CERTIFIES that the building Location of Property 1435 WEST ROAD House No. Street County Tax Map No. 1000 Section 110 Block 07 Subdivision Filed Map No. ACCESSORY Lot Lot No. Hamlet 26 conforms substantially to the Application for Building Permit heretofore filed in this office dated OCT. 1, 1986 pursuant to which Building Permit No. 16026Z dated MAY 29, 1987 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY INGROUND POOL, DECK AND FENCE. The certificate is issued to SANDRA & LAWRENCE STAHL (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N833588 SEPT. 23r 1987 PLUMBERS CERTIFICATION DATED N/A Z.B.A. APPEAL #3582 Rev. 1/81 r ' /7 ilding Inspector LETTER OF AUTHORIZATION Michael and Corrine Slade 1435 West Road Cutchogue, NY 11935 631 734-7629 cookieslade@yahoo.com RECEfVED AUG 2 1 201~ BOARD OF APPEALS August 16, 2011 We hereby authorize Nancy Steelman of SAMUELS & STEELMAN ARCHITECTS to act as our agent in obtaining all permits required by SOUTHQLD TOWN, SUFFOLK COUNTY and NEW YORK STATE for the construction of our residence located at 1435 West Road, Cutchogue, NY. Michael Slade, Owner Date Corrine Slade, Owner Date ,K -- ~o TOWN OF SOUTHOLD P PERTY,,.,i~CORD CARD OWNER STREET I ~ VILLAGE DIST. SUB. LOT <--~.~..~/~,.,'1,.~ "~,, ~F~ ~ ~ ~%kJ S W ~PE OF BUILDING/ :~. ~/o L~ s~s. 'VL~ FARM CO~. CB. M~CS. Mkt. ~.D IMP. TOTAL DATE RE~RKS ~/)C~ /O 'IIII. ' I ~ . liable , , FRONTAGE ON WATER '~la~ FRONTAGE ON ROAD ~ Z/, ~ - ~ , ea~ DEPTH ~ Plat BULKH~D ~R 110-7-26 2/01 Garage Patio O,/B./y T~al Foundatio~ Ext. Walls Fire Place b:x~f Both Floors Interior Finish -teat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette FIN. I DR. BR. 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: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 2, 2011 RE: Zoning Appeal No. 6510 Transmitted herewith is Zoning Appeals No. 6510 of Nancy Steelman for Michael & Corrine Slade- 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, Notice of Disapproval from Building Department Dated August 3, 201 l, Three Pages of Board of Appeals No 3582 for Mr. & Mrs. Stahl Dated November 19, 1986, Copy of Certificate of Occupancy No Z10275 for Private One-Family Dwelling Dated November 26, 1980, Copy of Certificate of Occupancy No.Z-34060 for Solar Panels "As Built" Dated November 6, 2009, Copy of Certificate of Occupancy No. Z-27775 for Second Story Addition with Deck Dated June 27, 2001, Copy of Certificate of Occupancy No. Z19326 for Accessory In ground Pool, Deck and Fence Dated August 30, 1990, Letter of Authorization fi.om Michael & Corrine Slade to Nancy Steelman to Represent them in this Matter Dated August 19, 2011, Three Pages of Photos of Property, Two Pages of Property Record Card, Copy of Survey Showing Property as it Exists Dated April 19, 2011 Prepared by Peconic Surveyors, P.C., Four Pages of Plans Showing Site Plan, Floor Plans and Elevations Dated August 2, 2011 Prepared by Samuels & Steelman. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 08/31/11 * * * RECEIPT * * * Receipt~: 113905 Transaction(s): 1 1 Application Fees Reference Subtotal 6510 $1,000.00 Check#: 16054 Total Paid: $1,000.00 Name: Clerk ID: Samuels, & Steelman 25235 Main Rd Cutchogue, NY 11935 CAROLH Internal ID: 6510 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, NOVEMBER 3, 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, NOVEMBER 3, 2011: 11:50 AM - MICHAEL and CORRINE SLADE #6510 - Request for Variance from Code Article XXlII Section 280-124 and Article XXll section 280-1t6 and the Building Inspector's August 11, 2011 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling at: 1) less than the code required rear yard setback of 50 feet, 2) less than the code required setback of 75 feet from a bulkhead, located at: 1435 West Road (adj. to Wickham Creek), Cutchogue, NY. SCTM#1000-110-7-26. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki. Toth~,Town. Southold.n¥.us. Dated: October 11, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box '1179 Southold, NY '1'197'1-0959 #10423 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 20th day of October, 2011. Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY NOVEMBER 3, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur suant to Sectinn 267 of the Town Law and Town Code Chapter 280 (Zoning), Town i of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on THURSDAY NO- VEMBER 3. 2011: 10:00 AM - .lOAN BERGLUND g6479 - Applicant requests a Special Exception under Article III, Section 280-13B(13).The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure at; 75 Edwards Lane (aka 25605 Main Road) Orient, NY. SCTM#100O 18-3-14. 10:15 AM - .lOAN BERGLUND ~6511 - Request for Variance from Ar- ticle III, Code Section 280-13C and 280- 15, based on an application for building permit and the Building Inspector's June 20, 2011 Notice of Disapproval, concern- ing "as built" art studio; 1) "as built" construction of an art studio is not a per- mitted use, 2) less than the code required rear yard setback of 20 feet, located at: 75 Edwards Lane (aka 25605 Main Road) Orient, NY. SCTM#1000-18-3-14 1~45 AM. DAVID MOORE #6515 - Request for Variances from Art. XXII Code Section 280-116A(I), Art. XXIII Seefion 280-124 and Art. III Section 280-15 and the Building Inspector's June 17, 2011, updated September 16, 2011, amended October 4, 2011 Notice of Disapproval based on a building per- mit application for "as built" additions and alterations to existing single family dwelling and accessory hot tub at; 1) at less than the code required setback of 100 feet from the top of bluff, 2) more than the code required maximum lot coverage of 20%, 3) accessory structure located in other than the code required rear yard or front yard on waterfront properties~ located at: 21075 Soundview 11:15 AM - ~ENN.E_TH__HEID~T 06516 - Requesi for Variances from Code Article XXI1 Section 280-116 and A r ticle XXIII Section 280 124 and the Building Inspector's September 21,201 t Notice of Disapproval based on an application fo~ building permit for demo[i0on and con- struction of a new single family dwelling at: 1) less than the code required setback of 75 feet from a bulkhead, 2) less than the code required single side yard set- back of 15 feet, 3) less than the code re quired combined side yard setback of 35 feet, located at: 8530 Peconic Bay Blvd., (adj. to Great Peconic Bay) Laurel, NY. SCTM#1000 126-11-22 1!;_30 AM - BARBARA TERRELL #6513 - Request for Variance from Arti cie XXIll Code Section 280-124 and the Building Inspector's August 2, 2011 No tice of Disapproval based on a building permit application for construction of a porch addition and "as built" deck addi lion to existing single family dwelling at; 1) less than the code rdqulred front yard setback of 35 feet, 2) less than the code required rear yard setback of 35 feet, at: 2630 Gillette Drive East Marion, NY. SCTMg1000-38-2-27 11:50 AM - MICHAEL and COR- RINE SLa~DE g6510 - Request for Vari- ance from Code Article XXIII Section 280-124 and Article XXII section 280 116 and the Building Inspector's August 1/, 2011 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling at: 1) less than the code required rear yard setback of 50 feet, 2) less than the code required set- back of 75 feet from a bulkhead, located at: 1435 West Road (adj. to Wickham Creek), Cutchogue, NY. SCTM#1000- 110-7-26. Carryover Hearings, continued from prior meetings and pending additinna[ information: Adjourned from Public Hearing Oc tober 6,2011 1:00 P.M. - TAUBIN FAMILY TRUST IORRI g6509 Avenue (adj to Long Island Sound) day Principal Clerk _. _2011. ~Ht?~STINA VO ' *~ NEW on an application fpr bffiIding ~r~t for office at, (631) 765-I~, or by email: 0cie III, Code Section 2~-i5, and {he 5~5 Hain Road (~aifin~SPS) 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 October 7, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, November 3, 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 October 20th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_J owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the 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 mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or during the hearing, providin.q the returned letter to us as soon as possible; AND not later than October 26th: Please either mail or deliver to our office your Affidavit of Mailinq (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 October 26th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Postin.q for receipt by our office before November 1, 2041. 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 Ends. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: SLADE, M. & C. # 6510 SCTM #: 1000-110-7-26 VARIANCE: ADDITIONS & ALTERATIONS REQUEST: BULKHEAD & YARD SETBACK DATE: THURS., NOV. 3, 2011 11:50 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 TOWN OFSOUTHOLD ZONING BOARD OFAPPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS ('Name of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK ST^TE OF NEW YORK I, r'~O.4yS(_),a._- ~(.M~v~ residing at (0q~- ~rm. ~o._C~--. /?c] _.~oo~x~ New York, being duly sworn, deposes and says that: On the Iq day of C~d/%, , 20 II, I personally mailed at the United States Post Office in 0_.CtJff,?xt) ~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUES"ICI~D, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the (f.) 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. (Signature) Sworn to before me this day of ~c:d4,d~.q ,20 [ / (Notary Public) CONNIE D. BUNCH Notary Public, State of New York No. 01BU6185050 Qualified in Suffolk County ~, Commission Expires April 14. 2 t~ ],;;,3.., 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. .~ $1.28 ~sen'TMered th Forsberg or PO · ' ......................... [;3 I-~ Certified Fee $2.~ ? ~ Restricted Delive~ Fee~ __ ~;~.~ ~ ~ ~ Restd~ed Delive~ Fee . (~.dorsementRe,u,md) ~ ~ 5~ _ /' ~ (EndorsementRequ'md) "-" Total P~tage & Fees $ ~.~3 ~ Tota{ Postage & Fees { $ ~,'3 llo/~L' ~ ..... ts~'~Thomas ~lcK~am & Omers I ~ ~d Care Wlllumstad ................................................... Apt. 7B .................. · Complete items 1, 2', and 3. Also complete item 4 if Reetdeted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. ArtlcleAddmssedto: Thomas Wickham & Others P.O. Box 928 Cutchogue, NY 11935 [] Agent [] P~ldressee s der~vs~y address different f~om item 1 ? If YES, enter delivery address b~ow: [] No ~V~ce~ad Mall O Expmss MaiI 2. Article Number 7010 PS Form 3811 2004 8932 · Complete items ~nd 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: New-Suffolk'Pro~). New Suffolk Shipyard 6775 New Suffolk Rd. New Suffolk, NY 11956 Attn: Lawrence Willis 2. /~ticle Nurnber Signature Name) Agent ~/~dressee Certffied Mall ~ Registered [] Express Mail [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Daiive~y? fE,,'dra F~e) [] Yes 7010 1670 0002 1168 8703 PS Form 3811, February 2004 Domestic Retum Receipt 1(~595-O2-M-1540 ! · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can retum the card to you. · Attach this cad to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Daniel ~, Carol Dugan 9 Prospect St. Glen Head, NY 11545 A. Signature B. Received by ( Pr/nted krame) [] Agent '~] Addressee C. Date of Delivery D. Isdelive~addressd~=,,,[ from item 17 [] Yes tf YES, enter delivery address below: [] No 3. ~Rice Type CerUfied Mail [] Express Mail egistered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. /~cle Number (Transfer f~orn se/vice label) 7010 1670 0002 1168 8956 PS Form 3811, February 2004 Domestic Return Receipt · Complete ifems 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. 1. Article Addressed to: Robert and Carol Willumstad 829 Park Ave. Apt. 70 New York, NY 10021 [] Agent · [] Addressee y (Prfn~l Name) Date of Delivery D. Is delivery address different frem item l ? [] Yes If YES, enter delivery address below: [] No ~ertifled Mail [] Express Mail [] Registered [] Return R~caipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delive~j? (Extra Fes) [] y~ 2. Article Number- (Tm~om~ice~ 7010 1670 0002 1168 8963 PS Form 3811, February 2004 D~mesflc Return Receipt 10259r~o2-M-t$~ · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. 1. ~icle Addressed to: Mered~h Fombe~ 1310WestRd. Cutchogue, NY 11935 address different from item if YES, enter delivery address be]ow: [] Agent Delivery [] No 2. Article Number (rr~s~-fmmser~ce[a~ 7010 1670 0002 1168 8949 PS Form 3811, February 2004 Domestic Return Receipt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- II 0 - COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~X~t0~b~O ~O.J[q~l~/"~ residingat 70~ ¥~PMa.,IX~ t~,0fiA) .,IAi, ! ~-~ ,New York, being duly sworn, depose and say that: Onthe I~[0 dayof (~)~'N ,2011 , 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 pr. ior to the date of the subject hearing date, which hearing date was shown to be ~ / "' '~/"~ (~ignature) Sworn to before me this ~ Dayof OG~z-.~, 201/ (Notary Public) * near the entrance or driveway entrance of my property, as the area most visible to passerby. 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 1197143959 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 September 1,2011 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southotd, NY 11971 Re: ZBA File Ref. No. #6510 (Slade) ii s[P -1 2011 Dear Mr. Terry: We have received an application for additions/alterations to an existing dwelling in Cutchogue. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Wdisman Chairperson Encls. 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 September 1,2011 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 #6510 Action Requested: Within 500 feet of: Owner/Applicant: Slade Additions/Alterations; setbacks ( ) 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 K. Weisman ZBA Chairperson 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 November 18,2011 Nancy Steelman 25235 Main Road Cutchogue, NY 11935 RE: ZBA Application #6510 - Slade Dear Ms. Steelman: Transmitted for your records is a copy of the Board's November 17, 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. UNE 2 MATCH ~7_ UNE SEE SEC. NO. 1~7 NOTICE 3F SUFFOLK