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HomeMy WebLinkAbout6532~J~/s ~m BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard R Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.norlhfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064~ 1:5-7 OAt' . t?mG oF 1% 20 2 outhold Town ZBA FILE: 6532 NAME OF APPLICANT: Nelson Family PROPERTY LOCATION: 2955 Bay Shore Rd. (adj. to Peconic Bay) Greenpo~, ~ SCTM~1000-53-6-5 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 December 9, 201 l, 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 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 December 19, 2011, based upon the recommendation, as well as the records available to us, it is the Board's determination that the proposed action is INCONSISTENT with LWRP policy standards and therefore INCONSISTENT with LWRP review policies. PROPERTY FACTS/DESCRIPTION: Subject parcel contains 6,655 sq. iL to tie line (6,178 sq. ft. of buildable area) and is improved with a one story single family dwelling. It has 50.00 feet of frontage on Bay Shore Road, 145.57 feet along the northern property line, 46.25 feet on Peconic Bay and 145.75 feet on the southern property line as shown on the survey dated June 29, 2011 prepared by Peconic Surveyors. BASIS OF APPLICATION: Request for Variances from Articles XXIII and XXII Code Sections 280-124 and 280-116(B), based on an application for building permit and the Building Inspector's November 20, 2011 Notice of Disapproval concerning proposed deck addition to existing single family dwelling, at; 1) less than the code required minimum side yard setback of 10 feet, 2) more than the maximum code required lot coverage of 20%, 3) less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant proposes to construct a deck addition to the waterside of the dwelling with a side yard setback of 7.4 feet where the code requires 10 feet, a 30 foot setback from the bulkhead where the code requires 75 feet and 23.8% lot coverage where the code permits 20% maximum lot coverage. ADDITIONAL INFORMATION: Subject property was granted a front yard setback variance #547 in 1963. The New York State DEC issued a letter addressed to the applicant, dated September 20, 2011, indicating their non- jurisdiction. Two letters from adjoining property owners were received indicting support for what the applicant proposes. Page 2 of 3 - January 19, 2012 ZBA File#6532 - Nelson CTM: 1000-53-6-5 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 5, 2012 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 §267-b{3)(b)(1). Gram of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The adjoining properties and other parcels in this neighborhood have lesser bulkhead setbacks than what the applicant proposes. Waterside decks am common additions in this neighborhood. 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. Due to the small size of the lot, the actual buildable area and location of the dwelling, any proposed addition(s) will require a variance. 3. Town Law §267-b(3)(b)(3). The variance(s) granted herein are mathematically substantial, representing 26% (side yard), 60% (bulkhead), and 19% (lot coverage) relief from the code. However, due to the lot width, actual buildable ama and existing location of the dwelling the variances are unavoidable. The subject property's bulkhead is set back further from the water than any other properties along the waterfront creating a greater bulkhead setback variance requirement than that of the adjoining properties. 4. Town Law l~267-bO){b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The adjoining properties have bulkheads closer to the Peconic Bay and the structures are closer than the subject parcel to the bulkhead. All storm water runoff will be retained on site. 5. Town Law §267-bO)(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 pumhase. 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 a deck 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 Schneider, seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the site plan entitled Nelson Residence, dated October 5,2011 prepared by Robert I. Brown, Architect, revised January 13, 2012. CONDITIONS: 1. The deck shall remain open to the sky. 2. The dimensions of the non-turf buffer as noted on the above site plan shall be determined by the Southold Town Trustees. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Page 3 of 3 - January 19, 2012 ZBA File#6532 - Nelson CTM: 1000-53-6-5 Any deviation fi.om 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 fi.om the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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 l;geisman (Chairperson), Goehringer, Schneider, Dint~io, Horning. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing~v/~,l.t~ /2012 FAIRWEATHER DESIGN ASSOCIATES, INC. & ROBERT I. BROWN, ARCHITECT P.C 205 Bay Avenue Greenport, NY 11944 631-477-9752 (fax) 631-477-0973 fbdainc~optonline, net Transmittal Date: January 13, 2012 To: Southold Town Zoning Board of Appeals Re: Nelson Family Variance Application 2955 Bayshore Road Greenport SCTM 1000-53-06-05 RECEIVE~ JAN 1 2 2012 BOARD OF APPEALS Attached please find the information you had requested concerning the distances of the adjoining neighbors' residences to bulkhead. As shown on our revised site plan the Fasbach's waterside deck to the north is approximately 20 from the Bulkhead, while the Vavas residence to the south's distance is 34'+ house to bulkhead. As we discussed, due to the recessed configuration on the Nelson bulkhead, both neighbors home are well seaward of this application. On request I forgot to make is your consideration of the depth of the non-turf buffer be reduced if allowed by the trustees as this property is small an 9' is a considerable depth of buffer when no slope is involved. Revised plans will be submitted to you if this is allowed. Thank you for your time and consideration of this application. Thank you, Am~as A~gent~ Fairweather Design Associates, Inc. NON-TURF BUFFER <~ LOT COVERAGE ~.17~ so. FT. ~U,L~^~;L~ ^R~^/ EXISTING STP-.UCTUPx~S: I, 144 SQ. FT. / ~, 197.7 5(]. FT. = 18.5 % DECK.: .327 50. FT. LOTCOVEP-.AGE: 1,471 SQ, FT./G 178 50. FI-. = 23.8% 5lYE PLAN SCAL~: I"= 20' s'~O~s~. o~S~ ~o~, S66.09' 00'' ,~ BASED ON SURVEY OF PROPERTY A T ARSHAMOMOQUE, TOWN OF SOUT;HOLD SUFFOLK' COUNTY, N.Y. TAX MAP B'f PECONIC SUR VE YORS, P.C. JUNE 29, _201 ~ AREA=6,655 SQ, FT. FO ELEVATIONS RE/-~RENCED TO N.G. V.D. '29 LOT NUMBERS REFER TO "AMENDED MAP A - P£-CON!C ~., FRK'c ~A Y ESTATES' FILED IN THE ~UFFOLK COUNTY ~.L~_ Off-ICE AS MAP NO. 1124. FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED / I NELSON R, ESIDENCE JAN 1 3 20E 3ARD OF APPEALS 2955 BAY.SMOP-.E ROAD GREEN?OR.T, NY DROWN REVISED: JAN. I 3, 2OI 2 P-.ODERT I. ARCHITECT, P.C. PAlP.WEATHER DESIGN A550CIATES, NC. 205 DAY AVE., GREENPORT, NEW YORK, I ~44 G3 I 477 9752 FBDAINC@OPTONLINE. NET OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED MEMORANDUM ~OARD OF APPEALS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date December 19, 2011 Re: Coastal Consistency Review for ZBA File Ref. NELSON FAMILY #6532 SCTM# 1000-53-6-5. Request for Variances from Articles XXlII and XXII Code Sections 280-124 and 280-116(B), based on an application for building permit and the Building Inspector's November 20, 2011 Notice of Disapproval concerning proposed deck addition to existing single family dwelling, at; 1) less than the code required minimum side yard setback of 10 feet, 2) more than the maximum code required lot coverage of 20%, 3) less than the code required bulkhead setback of 75 feet, located at: 2955 Bay Shore Road (adj. to Peconic Bay), Greenport, NY. SCTM#1000-53-6-5 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 determination that the proposed action is INCONSISTENT the following below listed policies and therefore INCONSISTENT with the LWRP review pursuant to.' Policy 6. Protect and restore the cjuality and function of the Town of Southold ecosystem 6. 3 Protect and restore tidal and freshwater wetlands. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: Maintain buffers to achieve a high filtration efficiency of surface runoff. Avoid permanent or unnecessary disturbance within buffer areas. Maintain existing indigenous vegetation within buffer areas. If the action is approved, it is recommended that a perpetual, landscape buffer (undetermined width) be required to protect the water body. An example definition of a Landscaped Buffer is as follows: LANDSCAPED BUFFER -- A land area of a certain lenqth and width which is planted with indiqenous, drought-tolerant veqetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% qround 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 removinq veqetation which is hazardous to life and property, trimminq tree limbs up to a heiqht of 15 feet to maintain viewsheds, replantinq of veqetation and establishinq 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] 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 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE December 9, 2011 DEC 1 3 2011 BOARD OF APPEALS SARAH LANSDALE, AICP DIRECTOR OF PLANNING 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 there 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 Municipal File Numbers Mastro, Elizabeth & Louis Nelson, Family 6530 6532 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. BQX 6100 (631) 853~5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 8534044 FORM NO. 3 NOTICE OF DISAPPROVAL RECEIVED DATE: September 26, 2011 Amended: 10/20/11 BOARD OF APPEALS TO: Amy Martin for Nelson Family 205 Bay Ave. Greenport, NY 11944 Please take notice that your application dated September 13, 2011 For deck addition to an existing single family dwelling at Location of property 2955 Bay Shore, Greenport, NY County Tax Map No. 1000 - Section 53 Block 6 Lot 5 ls returned herewith and disapproved on the following grounds: The proposed deck addition on this non-conforming lot, is not permitted pursuant to Article XXIII Section 280-124 which states~ "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10." For lots less than 20,000 sq. tL, the minimum required side yard setback is 10'. The proposed addition indicates a side yard setback of 7.3'. In addition, the proposed deck 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 deck addition is indicated at 30' fi.om the bulkhead. A15j~ the maximum lot coverage is 20%. The proposed lot coverage is 23.8%. /Authorized Signature Amended to reflect change in size of deck. RECEIVED ~nO~_~D OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No.~L~r~o~' Street ."~, ~ t~ ~[~o~a~. SCTM 1000 Section ~g'~ Block ~ Lot(s)_ Ha m I et ~'~;~" Lot Size ~ t'}' gr Zone I (WE)APPI~AL.THE WRITTEN DETERMINATION OF THE BUILDING INSPEC.TOR DATED tOJ20 It t BASED ON SURVEY/SITE PLAN DATED l~/~.[t~ ~ npplicant(s)/Owner(s): ~J~l$o~ ~[Lc[ Mailing Address: .2~/'/ ~..OO~T' ~-' '--~re>~[~l~.v-a ~ [IOq~t Telephone: Fax: Emaih 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: ~t~t ~l~'f-t'~ for(~Owner( )Other: Please check to specify who you wish~rrespondence to be mailed to, frown the above names: ( ) Applicant/Owner(s), ( ~Authorized Representative, ( ) Other Name/Address below: WHEREBY THE.BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED ~0 II~'[ )~ and DENIED AN APPLICATION DATED q/t ] tt ~ (v~Buiiding Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: ~111 Section: ~ft}-'g~t- ~- ~11 - ~g~ -- ~[~, Subsection: Type of Ap/peal. An Appeal is made for: ( v~ 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 (4~ has, ( ) has not been made at any time with respect to this property., UNDER Appeal No(s). D~/?/'7 Year(s). / t~ ~ . (Please be snre to research before completing this question or call our office for assistance) Name of Owner: Zljile # b(~'~ REASONS FOR APPEAL (additional sheets may be used with preparer's signature): ~ ~ C 0 ~: ~ ~ ~ AREA VARIANCE REASONS: BOARD OFAPPEALS (1) An undesirable change will not be produced in the CHA~CTER of the neighborhood or a detriment to nearby prope~es if granted, because: (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: IT i5 ~% TtN'~ t_ar &~oo i~ curren~-¥ Ig'~'°/° I~'~ couevo~e-~ (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficul~ been self-created? (~Yes, or ( )No. / Are there Covenants and Restrictions conceding this land: ~No. ~3 Yes (~lease furn~h coav). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signature o~ppellant or Authorized Agent (Agent must sub~l~it written Aulhorization from Owner) Sworn to before me this '~ day ofPtaO. C'~A~O 0/20 ~1 . Notar~~''~ ~Rfl'TANY A. GENOINO Nolmy Public, S~ate of New Yo~k NO. 01GE6245154 Qualified in Suffolk County ~- Cmnn'~ F~ire~ July 18, ~0 l~:> RECE'rVED APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: I. For Demolition of Existing Building Areas Please describe areas being removed: 8OARD OF APPEALS II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensionsoffirstfloorextension: DtSGI<. ZI K I~, 4 6, x q~ -~ q~ ~ $~t~ Dimensions of new second floor: N//°c~ Dimensions of floor above second level: ~'.//V Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: IlL Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: i:SOtL.h A- D~:8~,t. o~ .5ovT~q b0t~TE~t~tbC Number of Floors and Changes ~ Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: ~0--/~/ Square footage of your lot: ~[~q Percentage of coverage of your lot by building area: V. PurposeofNewConstruction:-VO grl3D ~n Oo-rdoov' ~_.a..~-~q uh'~+~ ~.abe ~4~ a.e.C¢~5 ~rom home.-4zr¢ ,~lder{~, VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and h.l~w it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premis~isted on the real estate market for sale? YesYx No Areph~re any proposals to change or alter land contours? No Yes please e×p]ain on attached sheet. ~ECEzYED ~OARD OF APPEALS 1.) Are there areas that contain sand or wetland grasses? 2.) Are those areas shown on the survey submitted with this/Ibplication? 3.) Is the property bulk headed between the wetlands area and the upland bui~ing area? 4.) If your/property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination ofjurisdiction?~_ __Please confirm status of your inquiry or application with the Trustees:~/~f'~//,)& and if issued, please attach copies of permit with conditions and approved survey. ~C_.E~/~/~$ APO D. Is there a depression or sloping elevation ~a/the area of proposed construction at or below five feet above mean sea level? t'~O Are there any patios, concrete barriers, bulkhea~ls or fences that exist that are not shown on the survey that you are submitting? ~E) 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? /k/~0 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? If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel f:~c~x4 [~- I"PA'~..,rlCP..~ and the proposed use - ~/r~ ~ {' '~" ~L~'m ~ V~t ~ . (ex: existing single family, proposed: same [with garage, pool or other) nature and Date · PROJECT ID NUMBER APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION ( To be completed by Applicant cf Project Sponsor) 1.APPLICANT/SPONSOR ~2. PROJECT NAME 4, PRECISE LOCATION: Street A(fdbsS a~ Road InterseclJo~3s. prOminenl landmarks elc -or ~)rovlde mad 6. DESCRIBE PROJECT BRIEFLY; 7. AMOUNT OF LAND AFFECTED: fitlafly ~ ~)~ acres Ultimately ,~ ~)~ acres 8. W1LL PROi~~ ACTION COMPLY WITH EXI~TING ZONING OR OTHER RESTRICTIONS? ~lYes L~ No If no, describebdefly; lo. W~T tS PRESENT LAND USE IH VICINITY E PROJECT? (Choose as manY as apply.) E~ResIdential E]Indusalal []commercial E~]Agriculture E~]Park/Fores,/OPenSpace [--]O~her (desc~be) 110. DOES ACTION INVOLVE A PERMIT APPROVAL~ OR FUNDING. NOw OR ULTIMATELY FROM ANY OTHER GOVERNNIENTAL y C¥ (Federal, State or LOCal) es r']No If yss, list agency name and pe~mil / approval: 11~_D~S ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT APPROVAL? F-~Yes [~No I! yes, list agency narr~ a~ld permit I appr~/al~ OR C I . AS A E T OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIR~ MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE ID THE BEST OF MY KNOWLEDGE Applicenl / Spo r Name , ~, '--~~ S~natere ~ / Date: ~ If the action is a Costal Area, and you are a state agency. complete the Coastal Assessment Form before proceeding with this assessment ~OARo OF AppEAi~ PART tl - IMPACT A~SES:~MENT ~1'o be complet~ b~ Lead A~enc~) C. COULo ~ RESULT IN A~ ~R~ ~FECTS ~ClA~D WITH ~E F~LO~IN~ (~m ~y ~ ha~n, ~ C1. ~s~.a~ qual~, s~ ~ ~nd~r q~ ~ q~n6~, ~e ~els, ~s~ng ~ pa~em, so~ ~ste p~U~ ordis~aL I I C7. ~er Impac~ (i~udinfl cha~s in use of ~her qua~i~ m ~ of e~ ~plain ~efl~: , / / / D. ~LL ~E PROJE~ 'VE AN-;~CT ONTH~ E''ONME.AL ~' '~RrSTICS T '~T CAUSED ~E ESTABLISHM'E'~'0FA ENVIRO~T~ ~ ~ (C~)? E. ~y~TH~E, ~,lS TF ~ KELY TO B~ C~ROVE~ ~T~ TO POT~N~ ~SE ~NH~. IMPACTS? ~ INSTRU~NS: F~ea~ad~n~a~ve.de~inewheth~lesu~nflal. large, lm~ntmol~es~n~nL Ea~ eff~t S~d be ~s~ ~n ~ wi~ ~ {a) s~ (i.e. u~n m mini); (b) pm~bili~ ~ o~; (c) d~l~n; (d) ~b~; {e) su~cient~ ~ s~ ~t ~1 relevant adv~ lmpac~ ~ve been ~ a~ a~ately a~ress~. If ~n d of pa~ ii y~, ~ determ~ of ~n~n~ ~t e~l~le {he ~alim~a~ Df the ~ a~ion o~{~ environm~l ~ Nama oi' Lead Agency Date Title of Responsible Officer P~int or Type Name of Responsible O~lcer In Lead Agency Signature of Responsible Otficer in Lead Agency Signature of Preparer (if different from responsible officer) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 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 operation located in agricultural districa All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Pianning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: ~J~-L~/(~ 2) Address of Applicant: 3 ) Name of Land Owner (if other' than applicant1: - 4) Address of Land Owner: 5) Description of Proposed Project: ~:~/'3[3 ~ '-Yt~ ~r._/~'~/~.~ ~ ']~O J~{&.z 6) Location of Property (road and tax map number):'-~, ~ {~: ~'~ --/-~ - ~- / 7) Is the parcel within an agricultural district? [~o [] Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? [~o [~Yes 9) Name and address of any owner(s) of land within the agricultural district 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 property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 ~he Zoning Board of Appeals at 765-1809. SignaturJ o f Apl~licant Date Note: 1. The local ~d will solicit comments from ~e o~ers of l~d idemified a~ve in order to consider ~e effect of the pro~sed action on their f~ o~ration. Solicitation will ~ made by supplying a copy of~is stalemem. 2. Comments re~med ~o the local bo~d will ~ ~en into consideration ~ p~ of the overall ~view of~is application. 3. Copies of the completed Agrieul~al Da~ S~tement shall ~ ~nt by applic~t ~or the clerk of ~e ~d to ~e pro~ o~ers identified a~ve. The cost ~or mailing shah ~ paid by the applic~ at the time the application is submi~ed for ~view. Failu~ to pay at such time me~s the application is not complete ~d c~ot ~ acted u~n by the bo~d. 1-14-09 T~SACTIONAL 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. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such a~$ a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance ~" Special Exception If "Other", name thc activity: RECEIVED ~OARD 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 v/ 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 thi. s Signature: J~-. 0'( a ~ Print Name: APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics omhibits conflicts of interest on the part of town officers and cmoloveas. The ouroose of this form is to omvide mfummtmn whwh can alert the town of voss~ble coafllC~S of interest and allow it to take wha~ver action n¢cassarv to avoid same. (Last name, first name, middle initial, un,ss you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.} NAME OF APPLICATION: ICheck all that apply.) Tax grievance . Building Variance v/ Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other If "Other'. name the activity.I 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? Relafonsh p" includes by b ood, marriage, or bus~ness interest. Bus ness ntarest" means a business, including a partnership, in which the town 6fficer or employee 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 L~ If you answered "YES". complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the 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 spouse, sibling, carcot, or child is lcbeck all that apply): .- A) the owner of greater than 5% of the shams 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 app cant DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this Signature PrintName ~ ~,~ ~__~ Town of Southold A. INSTRUCTIONS LVVRP CONSISTENCY ASSESSMENT FORM ~OARD OF APPEALS 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 SCTM. 5'5 - 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) (b) (c) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] Financial assistance (e.g. grant, loan, subsidy) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: ~esent land use: ~esent zoning cl~sification: RECEIVED ~OARD OF APPEALS If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code ( (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [~ 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 ora coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. []Yes [] No [~(Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - P~licies Pages 3 through 6 for evaluation criteria [] Yes [] NoF3tlL~I (Not Applicable- please explain) ~EGEIVED ~.. Attach additional sheets if necessary ~IOARD OF APPEALS 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 - please explain) 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 I ~(Not Applicable- please explain) At~ach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southoid. 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 [~QNo! Applicable - please explain) ;~CEIVED Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [~ Yes [] No [~/(Not Applicable - please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. / Yes No I rt~' (Not Applicable - please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Ye~(~ No ~(Not Applicable - please explain) 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. (9~_- [] Yes [] No ~/~Not Applicable - please explain) R£CJiIV£[} RfIARD OF APPEAL~ Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes [] No Not Applicable- please explain Attach additional sheets ifnecessa~ Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes [] No [~'Not Applicable - please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [~ No [~ 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 Approved ,20 Disapproved a/c ~-~,~ [~ Expiration areas, and PERMIT NO. ~IZIVED ~ O~ APPEAL~ Building Inspector BUILDING PERMIT APPLICATION CI-[ECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Cheek Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: FOR BUILDING PERMIT INSTRUCTIONS Date ~ / /0% ,20// be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 plan to scale. Fee according to schedule. location of lot and of buildings on premises, relationship to adjoining premises or public streets or c. ' 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 s~laall be required. ..... A~PPLIC~ ~ r~. ~ eBuildingDepartmentfortheissuanceofaBuildingPermitpumuanttothe ~unom.g Lonel~l~na~e b[t}t~Tdi~v~kf I~i,IIL,~)~I Suffolk Coun~- New" ,,. ,, . ,,, -,-- ~...--. ~.u.u. fy, ~or~, and other applicable Laws, Ordinances or Regulations, fd~tht~]~ o~ buildin~dll3h][ions, or alterations or for removal or demolition as herein described. The aauPtPhl~Cr~zn};~e~lt~mply with al_l appli_c~-~l-~ ~a-x[[] ordinances, .bmldtng code, housing code, and regulations, and to admit P~C~lon I~is~Js~Jm~lbuilrJ~.a~f~r necessary tnspections. [.~ _ IOWN O[ SOUIHOLLJ ~ ~gnam~/jf applicant or name, if a corporation) - c~' ing address of app State whether apphcant ts o er lessee · 's/~eh ._~rchitect, engineer, general contractor, electrician, plumber or broider amc of owner of premises ~/~Z~O/I/ }~r/r~/~/] ' (As on the fax 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 proposed work will be done' o q5 ' - ' ' Hous~ Number Street County Tax Map No. 1000 Section 5'~ Block D fo Lot Subdivision Filed Map No. Lot 3. Nature of work (check which applicable): New Building Repair Removal Demolition State existing use and occupancy of premises and intended u~e and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy Addition / Alteration Other Work Fee 4. Estimated Cost 5. If dwelling, number of dwelling units ! If garage, number of ears / 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front c~.q'i .3 ' Rear o~. 3 ' Height. Number of Stories / (Description) (To be paid on filing this application) Number of dwelling units on each floor Depth Dimensions of same structure with alterations or additions: Front o~ ~ ~ Rear Depth ._,~-~, i~,. Height ~ Number of Stories f 8. Dimensions of entire new construction: Front Rear Height · Number of Stories P/~-r~ d ~. 9. Size of lot: Front ,.~O t Depth 10. Dateof~c~se~; ,, k./qT .NmeofFo~er0~er ~ 11. Zone or US~ dis~ct in which premises ~e situated ~ ~ 12. Does proposed construction wmlate' any zomng law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES N© v//.Will excess fill be removed from premises? YES 14. Names of Owner of premises /~'~L.gOA/ Address Phone No. Name of Architect ~.~r.o~ Address F,~e.~Oct~°~lZ.f~ Phone No Name of Contractor Address Phone No. Depth oqff~ ' NO 15 a. Is Ibis property within 100 feet ora tidal wetland or a f~eshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO '~/ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) ~'-m~ ~ ~ ~r-/A) being duly sworn, deposes and says %~h(~ ~ebi~licant ~me of ~ividml ~ing con,act) above nmed, ~ is the ~~ N~a~ p~, ~e ~ N~ YO~No. 01BU618~ Qualffi~ In ~k ~u~ Come. Ion ~ ~ / (Con~ctor, Agent, Co,orate Officer, etc.) E~ImS April 14, 2~ L/ of said owner or omers, ~d is duly au~orized to peffom or have peffomed ~e said work ~d to m~e and file this application; that fll s~temenB contained ~ this application ~e ~e to ~e best of his ~owledge ~d belief; ~d ~at the work will be perfomed in the m~er set fo~ in the application filed therewi~. Sworn to before me this_ l ~44~ day 20 II Notary Public ignatu~e of Applicant FAIRWEATHER DESIGN ASSOCIATES, INC. 205 Bay Avenue Greenport, N.Y. 11944 631-477-9752 (fax) 631-477-0973 BOARD OF 4ppEALS AUTHORIZATION (where applicant is not the owner) (mailin~ address) do hereby authorize Amy K. Martin, or other of Fairweather Design Associates, Inc. to act as my agent to apply for all permits necessary for the proposed work to be performed at ( Owner's signature ) Print - Maps Page 1 of 1 bi¢-~ Maps 2955 Bayshore Rd, Greenport, NY 11944 My Notes http://www~bing~c~m/maps/print.aspx?mkt=en-us&z=~9&s=h&cp=4~.083626,-72.377959... 1/11/2012 ,beAR~ ePA~P~A~ New York State Departmeni of Environmental Conservat 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 Joe Martens Commissioner TIDAL WETLANDS LETTER OF NO-JURISDICTION September 20, 2011 Mr. Robert S. Nelson 264 Court Street Brooklyn NY 11231 Re,' NYSDEC # 1-4738-04065/00001 2955 Bay Shore Road Greenport SCTM # 1000-53-6-5 :3OARD OF AppEALS Dear Applicant: Based on the information your agent submitted and additional New York State Department of Environmental Conservation (NYSDEC) information, the NYSDEC has made the following determination. The portion of the referenced property that is landward of the existing functional bulkhead and adjacent functional bulkheads having a combined total length greater than 100 feet in length and were constructed prior to 8/20/77, (verified on NYSDEC IR Photo #681; Historic Aerials 1960 Photo), is beyond the jurisdiction of Article 25 Tidal Wetlands. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6 NYCRR Part 661), no permit is required under the Tidal Wetlands Act. Please be advised, however, that 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 necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation with/n Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland'jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the responsibi~y l~cess~'~ermits or approvals fi.om other agencies. and ~ Deputy Permit Administrator CC: Fairweather Design Associates, Inc. BOH TW File RECi~[VED Daniel Vavas and Ursula Vavas 3085 Bay Shore Road Greenport NY 11944 BOARD OF APPEALS November 30, 2011 RE: Nelson ZBA application 2955 Bay Shore Road, Greenport To: Members of 5outhold Town Zoning Board of Appeals & 5outhold Town Trustees We own the property to the south of the Nelson property, (next door) which we understand is before you for a variance and permits to construct a deck on the water side of their home. We realize there are three variances involved, including setback from the bulkhead, setback from the south property line and lot coverage over 20%. We would like you to know that we have no objection to the request by the Nelsons'. This will not have any impact on us and will enhance their property and not effect our neighborhood. The setback from our property line will not affect us, their is ample distance between any of their structures and any of ours. We look forward to your approval for this project for the Nelsons' and repeat we have no objection to their request. Sincerely, , / ~ ~ECE~VED Linda L. Fasbach 2905 Bayshore Road P. O. Box 59 Greenport, NY 11944 &OARD OF APPEALS November 29, 2011 To: Members of the Southold Town Zoning Board of Appeals and the Southold Town Trustees, Re: Nelson ZBA Application 2955 Bay Shore Road, Greenport To Whom It May Concern: I own the property to the north of the Nelson's property. I understand the said property is before you for the approval of the necessary permits to allow for the construction of a deck on the water side of the Nelson's home and for three variances including a setback from the bulkhead, a set back from the south property line and lot coverage of over 20%. I would like to go on record and state that I have no objections to these requests and to the construction of the deck. This addition will be an enhancement to the Nelson's home and to our neighborhood. Very Truly Yours, Linda L. Fasbach TOWN OF SOUTHOLD P-ROPERTY RECORD CARD OWNER E.ORMER OW~LER , , N VI LLAGE DISTRICT SUB. /d ACREAGE .~0I S VL. FARM W COMM. IND. RES. SEAS. IMP. TOTAL ~IoO NEW Farm 1 Tillable 2 Tillable, 3 Woodland NORMAL Acre DATE REMARKS / Lm~DI NG CON D~I-~I~ / BELOW Value Per Acre ABOVE Value BOARD OF APPEALS Tota I Brushla~ ~ Hou~ Plot Swampland ~ ~" 5~" RECEIVED Porch Attic Porch R~ms ]st Flor Breezeway P~tio ~ooms 2nd Floor Garage Driveway... ~ , { o... ~F~ ~ ACT/ON OF THE ZONINO ~ OF APP~ OF THE TOWN OF SO~O~ ~ ~0=~0~, N~ YO~ Ap~llant ~O~Ro O~ ~eP~t$ ........ vt the Zoning Ordtrmnce, and the decision of the Building huspectot ( ) be reversed ( ) be xxx. a~ 3~. ~or ~m~n to re~ ~ ~t ~d s~ ~ Ju(ttth T, Boke~, secretary (Co~t~ued ~rc~ fret) t30A~.D oF APPEAL.5 The Board £And~ that a~.r~ct appl~catLon of ~e Ordinance ~11 produce practical dA££~.cultieo or unno~ hmrdfJhipl tho hard- ship crea~ed La unique and would not ]M abated by all proMrt&e- alike ~n ~he lmmodLate vicinAty of ~h~o property and Ja t~e om uae dia~'~-t.~ and the variance do~ oboorve the 8p~r~t of[ the OEdimmee and wo~l~ not chan~e ~he ehar&c~er of the dJJtrAct. FO~ ~0. 4 TOWN OF SOUTHOLD BUILDING DF-PARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ~o~Ro or aPpr~s CERTIFICATE OF OCCUPANCY THIS CERTIFIES that the building located a,~e~[.n., l~.V..~...,.~...~,~.e.~!x~E~! ............. Street _Map N~.~ .................. Block No ........... ~.~...Lot No ......... ~.~ ............................................................. conforms substsntia]ly to the Application for Building Permit heretofore filed in this office dated .............. ~.~...~.~ ........... X9.P.Q.. pursuaut ~o which Building Permit No ..... ~..~ .... April 22 19~0..., was issued, and conforms to all of the requirements 4ated ................................................. of the applicable provisions of the law. The occupancy for which this certificate is issued is ~a~...9~...~..~l~ ................................. This certifma~e is issued to ........... ~phra~t Cro~s, o~er ....... (owner, lessee or tenant) of the aforesaid building, FORM NO. ~ TOWH OP SO~THOLD BUILDIHG DEPARTMEHT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. BUILDING PERMIT R£CEzvEI~ BOARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N.° 1043 Z Dote .......................... ]~D~L.....~. .......... 1~.0. .... Permission is hereby granted to: Bake~...& .Ftekeiss.er~....A/C...F~hr~.:l.m..C~.os~ ....... ~outho-l~ ....... ~, ~ .................................... to ...~,Jbl~..en...a,~l~-~.t,~:on..en.-.a~..e.~:~t*/~§...~l~e.~..~./.ng ....................................................... at premises located at .....Lof,..~....~-'Tl.....~.eeoH~...]~&~...~.~;a.t~e,~ ................................................. ...................................... ~.~.s~o~e.. ~o~d s.....O,~enpo~.t~.....~./*, ....................................... pursuant t,o application dated ...................... ~.~)Z~.jL.].. ......... .~.......~ .......... 19~O..., and approved by the Building Inspector $;~ DO...pd~.. cheek FOH. i~I 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 located et .~.,-Ln,..B'Iv~...e...G~e~I~.¢~.~.~, ............. Street Ma~pel~l~..~,.?...~..~..~.....~,?.~ock No .......... *.* ........ Lot No ...... ,~Z .......................................................... conforms substantially to the Application for Building Permit heretofore filed in this office dated .............................. .~f~..~.~.....~., .................... , 19....~.3 pursuant to which Building Permit No...~....~.?..~.?. d(]ted ..................... j'e~....]..~, .................. , 19,.,..6jwas issued, and conforms to all of the requirements of the applicable provisions of the law, The occupancy for which this certificate is issued is ........ · ' J .................. ']PI1.'X~A~'' 'Obl~'" '~4 'ZuT~r'' D~I'~T.~T~rL~J~ ........................................................................... The certificate is issued to ...l~..oh.~e,.J.ia.,g~'~a,~....o~xlez ............................... ......... .. ....................... (owner, lessee or tenant) of the aforesaid building. FORM NO. 2 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, iq. Y. ~ECEIVED BOARD OF APPEALS BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N.° 1986 Z Dote ............ ~,3'-~1~ ...... J~ ....................... 19-63. Permission is hereby granted to: .......... ~,ou~,-ho'~d .................................................. to ... Bui'td"-m~" add~t~'on" ~" Ira.- ~. s.~g...d~ t.l.l~q ...................................................... at premises located at ...t~t,...~t.r..~ee~n:~e...Bay...F,~t~te~ ........................................................ ......................................... ~a,~.. ,e.~ ~r. ~...Re~d.~ .......... ~r~ ~n9o~ ~, ................................................... pursuant to application dated ...................... ~$~) ......... ~ ...................... 1963..., and approved by the Building Inspector tee $,$:.130 ............. Building Inspector ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville December 9, 2011 Zoning Appeal No. 6532 Transmitted herewith is Zoning Appeals No. 6532 of Amy Martin for Bonnie & Robert Nelson- 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 Amended October 20, 2011, Copy of Application for Building Permit with Disapproval Dated September 26, 2011, Authorization Letter from Robert S. Nelson to Amy K. Martin or Others of Fairwcather Design Associates, Inc to Represent Them in This Matter, Four Pages of Photos of Property as it Exists, One Page Letter from New York State DEC in Reference to No-Jurisdiction and No Permit is Required from Them Dated September 20, 2011, Letter fi.om Daniel & Ursula Vavas (Next Door Neighbors) to Southold Zoning Board of Appeals and Trustees Letting Them Know that they Have No Objections to the Construction or Setback Dated November 30, 2011, Letter from Linda L. Fasbach (Next Door Neighbor) to Southold Town Zoning Board of Appeals and Town Trustees Letting Them Know that she Have No Objections to the construction or Setback Dated November 29, 2011, Copy of Property Record Card (Both Sides), Two Pages of Action of the Zoning Board of Appeals No. 547 Dated February 29, 1963, Copy of Certificate of Occupancy No. Z 849 for Private One Family Dwelling Dated October 20, 1960, Copy of Building Permit No. 1043 Z for Build an Addition on an Existing Dwelling Dated April 22, 1960, Copy of Certificate of Occupancy No. Z 1723 for Private One Family Dwelling Dated November 4, 1963, Copy of Building Permit No. 1986 Z to Build an Addition on an Existing Dwelling Dated March 4, 1963, Two Pages of Drawing Showing Elevations, Copy of Site Plan Showing Proposed and Existing Construction Prepared with Corrected Sq Ft Prepared by Robert I Brown Architect P.C., Copy of Site Plan Showing Proposed and Existing Construction Prepared by Robert I Brown Architect P.C., Copy of Survey Showing Property as it Exists Dated June 29, 2011 Prepared by Peconic Surveyors, P.C. OTown of Southold P.O Box 1179 Southold, NY 11971 Date: 12/08/11 * * * RECEIPT * * * Receipt~: 116997 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6532 $1,500.00 Check#:6799 Total Paid: $1,500,00 Name: Clerk ID: Nelson, Robert & Bonnie P O Box 41 2955 Bay Shore Rd Greenport, NY 11944 CAROLH Internal ID: 6532 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12-8-11 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP 6532 NELSON FAMILY 6799 $1500.00 TOTAL $45oo.oo Sent via Inter-Office to Town Clerk by: Thank you. ES ROBERT S. NELSON BONNIE R. NELSON 264 COURT ST. BROOKLYN, NY 11231 S799 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 ht~:~ou~oldtown.no~.net BOARD OFAPPEALS TOWN OFSOUTHOLD ~1.(631)765-1809 Fax(631)765-~ December 6, 2011 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 DEC - ro 2011 Re: ZBA File Ref. No. # 6532 NELSON FAMILY 1000-53.-6-5 Dear Mark: We have received an application for a deck addition. 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. Very truly yours, By: 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 SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 5, 20t2 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~ JANUARY 5, 2012: 2:20 P.M. - NELSON FAMILY #6532 - Request for Variances from Articles XXlII and XXll Code Sections 280-124 and 280-116(B), based on an application for building permit and the Building Inspector's November 20, 20tt Notice of Disapproval concerning proposed deck addition to existing single family dwelling, at; 1) less than the code required minimum side yard setback of 10 feet, 2) more than the maximum code required lot coverage of 20%, 3) less than the code required bulkhead setback of 75 feet, located at: 2955 Bay Shore Road (adj. to Peconic Bay), Greenport, NY. SCTM#1000-53-6-5 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and priorto 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: December 6, 20tt ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS 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 December 5, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday,Januar~ 5, 2012 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 December 19 th: 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 to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran,qements were made in either a written statement, or durin,q the hearin,q, providin,q the returned letter to us as soon as possible; AND not later than December 26th: Please either mail or deliver to our office your Affidavit of Mailin.q (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later December 28 th: 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 January 3, 2012. 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, 5:3095 Main Road, Southold: NAME: SCTM #: NELSON FAMILY 1000-53-6-5 # 6532 VARIANCE: BULKHEAD/YARD SETBACK & LOT COY. REQUEST: DECK ADDITION DATE: THURS., JAN. 5, 2012 2:20 PM If you are in.terested in this project, you may review the file(s) prior to the hearing dur, ng normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 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 Sduthold, 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 I._L week(s), successively, commencing on the 22nd day of December, 2011. Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY JANUARY 5, 201~ PUBLIC HEARINGS NOTICE I~ I~ER~B¥ ~N, pur- suant to Section 267of the Town Law and Town Code Chapter 280 (Zonmg),Town of Southold. the following public hear- ings will be held.by the SOD'THOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hail, 53095 Main Road EO. Box 1179. Southold, New York 11971-0959,on ~ Carryover Hearings, continued from prior meetings and pending additional informanon: Adjourned from Public Hearing De- cember L 2011 10:00 A.M. - JOSEPH and ELIZA- IBETH BRrVrMAN #6522 ],0:30 A.M. - DAVID MOORE #6515 H)~45 A.M. - pATRICK and DIANE 11:00 A.M. - BRUCE and ELIZA- ~ETH and DONNA COLLURA #6527 quired maximum square footage of 660 sq. ft, on lots up to 20,000 sq, ft., located at: 280 Pine Wood Road, Cutchogue, NY, 11:40 A.M. - THRESHOLD BLUE. LLC (Soarkling Pointel #6526 - Re- quest for Variances from Article XV Code Section 280-63 (Bulk Schedule) and thc Building Inspector's October 21, 2011 Notice of Disapproval baaed on an application for building permit to construct new commercial warehouse at; 1) less than the code required minimum side yard setback of 20 feet, 2) less than the code required minimum combined side yard setback of 40 feet located at: 1270 County Road 48 (aka North Road), Southole.. NY SCTM#1000-69-3-3 Carryover Heari0gs, continued from prior meetings and pending addlli.onai information: Adjourned from Public Hearing De- cember 1, 2011 ]~00 EM. - HERNAN MICHAEL 0TANO #6525 MASTRO # 6~0 - Request for Varianc- es from Articles XXI1 and XXllI Code Seeuons 280-11~£B~ and 280-124. based on an appUcation for building pernut and the Building Inspector's November 23. 2011 Notice of Disapproval concern- ing proposed demoliUon and construe- zion of a new single family dwelling, at; 1 less than the code required bulkhead setback of 75 feet, 2 less than the code required minimum side yard setback of 10 feet.3] less than the code required to- tal combined side yards of 25 leer, 43 less than the code required rear yard setback of 35 feet, at: 1595 Bayview Avenue, (adj. to Arshamomque Harbor) Southold, NY. SCTM#1000-52-5-9. 2~0 P.M. - MELANIE M.. MAR1- - Request for Variance from ~rlicle XXllISe?0~0-124 a~ ~!~in, g A'~?~AEL SEL~N. ~ ten- Inspeetor-~ ~v~ber 4,~f ~%~n ~d JANE G~DEN Vis~a~ ~n ~ ~r ~.~t for Variance unde, Ar- the cod~ re~ed rear y~d S~tback of ve~b~? ~2, ~11 Notice of Disapproval 35 feet, located at; 170 Manor Road, (corner Gillette Drive and East Gillette Drive) East M~on, NY. SCTM#1000- !1:20 A.Mi - DOROTHY and STE- FAN KOTYLAK ~65~9 - Request for Variance from Article III, Code Section 280-15, and the Building Inspector's No- vember 16, 2011 Notice of Disapproval, based on a building permit application to construct an addition to an aceessesy garage, at: 1) mdre than the code re- based on an application for building per- mit for a sub~tivision, al: Proposed Lot 1; 1) les$ than the code required minimum tot size of 40,000 sq. ft.~ 2) less than the cod~ requi~ed tnt width of 150 linear ft., 3) less than the code required lot depth of 175 linear feet; Proposed Lot 2; l) at less than the code required minimum lot size of 40,000 sq. ft., 2) leas than the code required lot width of 150 linear ft., 3) less than the code required lot depth of 175 linear feet; located at: 200 and 150 Three Principal Clerk day o~'.~ ~- ' 11. , ,- ~ ~ ' OF NEW YORK NOTARY r J~t,~ ~. T~ No. O{-VO610~050 Waters Road, Orient, NY. S~M~'s Q john:( (~ in Soltolk County TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS (Name of Applicants) SCTM Parcel # 1000- .53 -/- - ff' COUNTY OF SUFFOLK STATE OF NEW YORK I, residing at New York, being duly sworn, deposes and says that: On the o~8? da~,of .~m ~{4~,v~ ,20//,I personally mailed atthe United States Post Office in , New York, by CERTIFIED MAIL, RETURN RECEIPT RI~QUE~'TED, 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 ( ) 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 t{~day of 3 0J~ ,20[2_ (Notary Public) NO. 01GE6245154 Qualified in Suffolk County ,,... Commission Expires July 18, 20 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. Postaoe Certified Fee ILl ~ Totatl Postage & Fees 12/28/2011 · -El Postage Certified Fee ru $0,44 12/2B/~11 i ~ttacn ~h!s card to the back of the maJlpiece, · n~ oy(~nntecf'Na~e,I lC. Date of Delivery or on the front if space pemdts. J 1. Art}cleAddms~edto: O. Isde~addm~dllfamritfromlteml? [] Ye~ If YES, miter delive~y addrese below: [] No / ri Registered [] Return Receipt for Merchandise [] Insured Mall [] C.O.D. Article Number (Transit from sew/ce/abe/) PS Form 3811, February 2004 7011 1150 0002 4601 3389 Domestic Return Receipt 10~595.02.M.1540 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 SCTM Parcel #1000-,Y3 °6 - g'~ COUNTY OF SUFFOLK) STATE OF NEW YORK) residingat 3/0, ,.5 · New York, being duly sworn, depose and say that: Onthe ~9~ dayof ~)~g¢~'~q~ve..~ ,201! , I personally placed the Town's Official Poster, with the &ite of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior date of the subject hearing date, which hearing date was shown to be (Signature) Sworn to before me this ~{~ Dayof 3OJ~t~.] ,2012 (Notary rublic) BRITTANY A. OENOINO Not~y Public, State of New York No. 01GE6245154 Qualified in Suffolk County ~ Co.~on Expires July 18,~ t_2.TM * near the entrance or driveway entrance of my property, as the area most visible to passerby. · Complete items 1, 2, and 3. Also complete Item 4 if Reet~cted Delivery is desired. · print your name and address on the mveme so blat we can return the card to you. · Attach this card to the back of the mailpiece, or on the front If space permits. B. Receivedby(PrlntedName),,~._~_ C. D ,ate~of De!ivery / ?~ -':~ ~-/( D. Isdelive~/addmssdiffemntfmmiteml? DYes if YES, enter dailve~ address below: [] No [] Registered [] In~umcl Mail [] ~Mall [] Return Receipt for Merchandise [] C.O,D. 4. Restflcted Delivmy? (Extra Fee) r'l yes 2. Article Number (Transfer flora service label) 7011 115~ 0002 4601 3396 i PS Form 3811, February 2004 Domestic Return Receipt Fairweather-Brown Page 1 of 1 From: insfam@aol.com Sent: Friday, December 30, 2011 1:43 PM To: fbdainc@optonline.net Subject: Nelson Hearing Amy, We are aware of the hearing on Thursday regarding the construction on the Nelson property.. Happy New Year Regards Sue Vavas I/3/2012 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 6,2011 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 Ct 6532 Owner/Applicant: NELSON Family Action Requested: Deck addition. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K ZBA~ By: BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 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 January 23, 2012 Fairweather Design Assoc. 205 Bay Avenue Greenport, NY 11944 RE: ZBA Application #6532 -Nelson Family Dear Ms. Martin: Transmitted for your records is a copy of the Board's January 19, 2012 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 Deparlment. If you have any questions, please call the office. Sincerel~,~ ~ J ¥icki Toth Encl. Cc: Building Dept. .11 ~IEC~:It/ED ;IOARD OF APPEALS ~ECEIVED BOARD OF APPEALS N 51TE PLAN SCALE: I"= 20' tO1 6~ NON-TURF BUFFER bO.1 5© NE 566.09' 00'' ,~ BASED ON SURVE-Y OF PROPERTY AT ARSHAMOMOQUE, TOWN OF SOUTHQLD SUFFOLK COUNTY, N. X TAX MAP NO. BY PECONIC SURVEYORS, P.C. JUNE 29, 2011 AREA=6,655 SO. FZ TO 77E fINES ELEVATIONS REFERENCED TO N.C-. V.D. LOT NUMBERS REFER TO "AMEAIDED M/P A - PECONIC BAY ESTATES' F/LED IN THE SUFFOLK COUNTY CLERK'S OFFICE AS MAP NO. 1124. LOT COVEP, AGE /~,, 78 ~0. FT. BUILDA~LE AREA) EXISTING ~TRUCTURE~: I, 144 ~O. FT. / ~1~"~@. FT. = 18.5 % PROPOSED DECK: 327 5Q. FT. PROPOSED LOT COVERAGE: 1,471 SQ. FT./G 178 SQ. h-q-. = 23.8% ~OARD OF APPEALs NELSON RESIDENCE 2c955 DAYDHORE ROAD GREENPORT, NY Oct;. ,5, 201 I RODERT I. DROWN ~T l$ A VIOLATION OF THE LAW FOR ANY PERSON, UNLESS ACT,~/.~G UNDER THE ~f2, ECflOi.i OF ~, LICENSED /" qC ~:'I'ECT, TO ALTER ANY -; '7F~.'=T~Of~ MUSY BE } ! ED, 5. EALED, ANO "SCr;~;9 [* ACCORDANCE I=AIRWEATHER DESIGN A550CIATED, INC. 205 BAY AVE., GREENPORT, g3 I 477 9752 NEW YORK I 1944 FDDAINC@OPTONLINE.NET ITE ?LAN SCALE: I"= 20' bO1 5'~ NON-TURF BUFFER uO-~ 5© 966' 09' 00'' ~ BASYD ON SURVEY Of- PROPE/?TY A T ARSHAMOMOOUE, TOWN OF .30UTHC,LD SUFFOLK COUNTY, N.~( TAX MAP NO. i000-5~ 06 05 BY PECON/C SURVEYORS, P C. JUNE 29, 2011 AREA~5, F. 55 SO. FT. T(? fTf ~' :'/A TIO,¥c REFERENCED LOT NLJM~t_,~ /~L, ~R ?0 "AMENDED M~P A - , EC~N~C r/~ED /N THE SCF, UL~ COUNTY ~ ~ ' ": OFF/CE AS MAP NO. 1i24. LOT COVEPJ~GE (~.,~ ¢o. ~. ~u,~D^~^~^) EXISTING 5TI~UCTUI~ES: I, 144 6Q. FF. / ~, 197.7 ~0. FT. = 1~.5 % PR.OPOSED DECK: 327 SQ. FI. PI~OPOSED LOT COVEP-.AGE: I ,47 I SQ. FI. / g 17& SQ. FI. = 23.6 % NELSON RESIDENCE 2cj55 BAY.SHORE ROAD GR. EEN FOI~T, NY Oct. 5, 201 I ~OI~E~xT I. BP. OWN W/ FAII~WEATH ER. DESIGN 205 DAY AVE., GREENPORT, G3 I 477 ~752 A._~5OCIATE._~, INC. NEW YORK, I I ~44 FBDAINC@OF'TON LINE.NET N SURVEY OF PROPERTY AT ARSHAMOMOOUE TO WN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-53-06-05 SCALE: 1'--20' JUNE 29, 2011 ~0~ 5° _ a, oo ~ECE~vED ~OARD OF APPEALS AREA--6,655 SO. FT. TO TIE LINES ELEVATIONS REFERENCED TO N.G.V.D. '29 LOT NUMBERS R,'iFER TO "AMENDED MAP A - PECONIC BAY ESTATES' F~L£D IN THE SUFFOLK COUNTY CLERK'S OFFICE AS MAP NO. 1124. ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SEcTiON 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNA 71JRE APPEARS HEREON. /P~CONIC':'~S~R'~/EYORS, P. C. ~6..Zl) 765'5020 FAX (631) 765-1797 P.O. BOX 909 12J0 TRAVELER STREET SOUTHOLD, N.Y. 11971 11-166 15¸1 N 'S-3- 6-~tl