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HomeMy WebLinkAbout1000-52.-2-33.1 O I~'I~'ICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date April 26, 2011 Re: Coastal Consistency Review for ZBA File Ref. CHRISTINE CONTE-BOUTIS #6465 SCTM# 1000-52-2-33.1 - Request for Variance from Code Section 280-124 and the Building Inspector's February 4, 2011 Notice of Disapproval based on an application for building permit existing deck addition at; less than the code required minimum side yard setback of 10 feet, at: 1020 Ruch Lane (adj. to Arshamomaque Pond) Southold, NY. SCTM#1000-52-2-33.1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "F" and "11" which state: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; The variance requested will not affect a regulated natural feature and the parcel is not located within the Coastal Erosion Hazard Area. Cc: Jennifer Andaloro, Assistant Town Attorney BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn Gerard P. Goehringer George Homing Ken Schneider Southold Town Hail ~/ 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 March 16, 2011 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Reft No. #6465 (Boutis/Conti) W 11i Imll Dear Mr. Terry: We have received an application for an "as built" deck addition to existing single family dwelling in Southold. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, /' ~/"~Leslie K. Weisman Chairperson Encls. v' To~ Robert Lehnert for Christine Boutis 32645 Main Road Cutchogue, NY 11935 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: February 4, 2011 Please take notice that your application dated January, 19, 2011 For an "as built" deck addition to a single family dwelling at Location of property 1020 Ruch Lane, Southold, NY County Tax Map No. 1000 - Section 52 Block 2 Lot 33.1 Is returned herewith and disapproved on the following grounds: · The "as built" 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 ofa buildin~ p,mdt for the phncipal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10." On lots less than 20,000 sq. t~., the required side yard setback is 10'. The site plan indicates a side yard setback of 5.8'. Authorized Signature 5URVET' OF PROPERTY SITUATE.- AI::LSHAHOHAG~E TOI~N.- 5UF:F:OLK ~-r'K, 5URVE'r' IO-2,5-2OIO NOTE~: · HONUMENT FOUND O PIPE FOUND ~D' I.'~L=TLAND FLA(~5 5ET BT' 5URVE'r'OR USIN~ BAGARUS AS THE I'"IETLAND IPENTIFIER EI-L='v'ATION~ REFERENCE N~VD'2q ZONED R-40 ~RAPHIC, 56ALE I"= 20' JOHN C. 6 EAST MAIN STREET RIVERHEAD, N.Y. 11901 SURVEYOR N.Y.S. LIC. NO. 50202 369-8288 Fax 369-8287 REF.C:'~Documents and Settings\Owner~Jy Documents'u'Vly Dropbox\l 0\10-184.pro Fee: $ Filed By:. Assignment No. ] APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALg ttouseNo./O,2O Street ~b'&~ ~JO~; ltamlet SCTMl000Secfion ~".~-- Block ,~ Lot(s) 23, / LotSize /~ f't~" Zone I (WE).APP. EAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED BASED ON suRVEY/srrE PLAN DATED /--! q- !1 . Applicant(s)/Owner(s): /'1 O MailingAddress: ~tgtgO ~t~t~a~14/~/ / /~Z~L, 2] ~d .~t~ l;~t~cl~t'o .~ ? ~4 ]]5 Telephone: Fax: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: NameofRepresentative:D~,ttn~. ~¢/r~,/t ~L-Kr~,/,~n~for~Owner( )Other: Please check to specify who you wish correspondence to be mailed to, from t~e above names: ( ) Applicant/Owner(s), ~ Authorized Representative, ( ) Other Name/Address below: WFIF. REBY ]'HE BUILDING INSPECTOR REVIEW-ED SURVEY/SITE PLAN DATED / -/~-'// and DENIED AN APPLICATION DATED ]~] ~]- I (~ Building Pemit ( ) 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: ~ XH} Section: ,~--~'O [,2-4'- Subsection: Type of Appeal. An Appeal is made for: ~l} 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 ~g) has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). I ~ 0 ~' Year(s). ] g~ $ 7 . (Please be sure to research before completing this question or call our office for assistance) APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~"~ f~/I ~ ¢ ~'~r~ ~¢ I. For Demolition of Existing Building Areas Please describe areas being removed: DatePrepared: 3 -- ] ,~ ' ]] II. New Construction Areas (3[ew Dwelling or New Additions/Extensions): Dimensions of first floor extension: ~ '~. '~ ~ I Dimensions of new second floor: Dimensions of floor above second level: /w/I~ Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, pl~ase provide height (above ground) measured fi'om natural existing grade to first floor: 1H. Proposed Construction Description (Alterations or Structural Changes) (attach cxtm sheet if necessary) - Please deschbe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildhngs on your property: Proposed increase of building coverage: fi/t/t} Square footage of your lot: I ~? SE Percentage of coverage of your lot by building area: V. Purpose of New Construction: VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 Name of Owner: ZBA File # REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties 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: (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 difficulty been self-created? )9(}Yes, or ( )No. Are there Covenants and Restrictions concerning this land: ~ No. [] Yes (please furnish copF). 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 REQUESTE~.~ND PLEASE~t~MPLETE THE ATTACHED USE VARIANCE SHEET: (Please ~J~~ / Si~.~3~J~~iz ed Agent i -~/' ~nt must sub,fit wbk~n-3,uthorization from Owner) Sworn IIo/~e_fore.~e this / ~x'~ ~ N~t]l~y Public* ' GERI C. HENLE NOTARY PUBLIC. State of New York No. 02HEO0! 6025 Qualified in Suffolk~ou~y,q" / JI T.rm E~pir~. November ~0. L~ q/./? March 10, 2011 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 RE: Questions on Application Due to the uniqueness of this application, I will be addressing these questions to each of the four variance requests being made. 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because; As this is an application for an existing deck to legal structure, we feel that it will not change the character of the neighborhood. This deck is in keeping with what is in the neighborhood, and we feel that it will not produce an undesirable change in the character of the neighborhood. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because; Due to the location of this addition, being attached to an existing structure, there is no way to comply with the current setback standards without a variance. The amount of relief requested is not substantial because; The relief of the setback that we are asking for is slightly less than the existing structure that it is attached to. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or the district because; There will be no adverse effect or impact on physical conditions or environment due to this project since it is already an existing structure. QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for gale? Yes ~)( No Are there any proposals to change or alter land contours? ~ No __Yes, please explain on attached sheet. I.) Are there areas that contain sand or wetland grasses? 2.} Are those areas shown on the survey submitted with this application? 3.) ls the property bulk headed between the wetlands area and the upland building 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? ~_~__Please confirm status of your inquiry or application with the Trustees: /~.~n-~t tn.9 and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /~ 0 Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? /V ~9 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? ~0 If yes, please submit a copy of your building permit and survey as approved by the Building Department and please descr/be: Please attach all pm-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please appl)~ 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? ti, re If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel f~_~ ~ J~tI ~ ,~ and the proposed use t'~ $ *~¢ r~t~. .. (ex: existfl~g single family, proposed: same with garage, pool APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of t..hjs 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 as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance ¢~ . Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. '*Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO ~ 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 applicanffagenffrepresentative) 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, parent, or child is (check all that apply): A) the owner of greater than 5% of thc shares oftbe 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 Form TS I APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The To,,~n of Southold's Code of Ethics t~rohibits conflicts of interest on the part of ~,wn officers and emvloveee. The ourooee of this form is to vrovide information which can alert the town of possible conflicts of interest and allow it to take whatever action necessary to avoid same. (L~t name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, iedieate the other person's or company's name.) NAME OF APPLICATION: (Cheek all that apply.) Tax grievance Building Variance ~ Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or chitd) have a relationship with any officer or employee &the Town of Southold? "Relationship" includes by blood, marriage, or business interesL "Business interest" means a business, including a parmership, 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 ~,, If you answered "YES", complete the balance af this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that peman Describe the relationship between yourself(the ~pplicant/agent/representative) and the town officer or employee. Either cheek the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check alt that apply): __.^) 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, diroctor, panner, or employee of the applicant; or ___D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS 1 Submitted this ]~_~_day~f~ ~lf-~ I~ 20~[ _[ Signature ,~", ~,~ PrintName fl~'~,~-'<~- '~L.~$[~ PART 1 ' PROJECT INFORMATION 6'1720 APPENDIX C STATE ENVIRONMENTAL QUALITY RE~IEW SHORT ENVIRONMENTAL AsSEssMENT FORM f~r UNLISTED ACTIONS Only ( To be completed by Applicant or Project Sponsor) I 1'APPLICANT/SPONSOR ~.PRgJECT LOCATION~ SEQR DESCRIBE PROJECT BRIEFLY! 7. AMOU~ OF ~ AFFECTED~ PROPOSED A~TJoN COMPLY WITH EXISTING ZONING OR OT~ER RESTPJCTIONS? if no~ descl~be briery; j WHAT IS PRESENT LAND USE IN V~CINITY OF PROJECT? (chaose as many as app y~) DOES A~!ON INVOLVE A PERMIT APPROVAL~ OR FUNDING, NOW 0R ULTI~y ~0r ~) a.pmva~~ ~Y5 11;DOES ANY ASPECT;OF THE ACTION HAVE A CURP, ENq'L¥ VALD PERMFT OR APPROVAL? RESULT OF PROPOSED AC'ITION WILL ~IS~NG PERM~J ~PROVAL ~QUI~ MODIFI~ I CERTJ~ T~T ~E JNFO~T~ROVIDED ABOVE IS ~UE OF ~E KNO~ If ~e ac~n Is a ~s~! ~, and ~u ~ as~ ashy, ~mpl~e ~e CO~I ~sessmentFo~ ~m pined!nj w~ this ~S~s~nt PART Il - IMPACT ASSESSMENT (To be completed by Lead AgenCy) A. DOES ACTION EXCEED .~NY TYPE I THRESHOLD iN 6 NYCRR, PART 617,47 If yes. coordinate the mvtew process and use the FULL F_~F. B~ WILL ACTION RECE/VE CooRDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN $ NYCRR, pART 6176? I~ NO, a negative C~ couLD ~ION RESULT IN AN?'ADVERSE EFFE~s .e, SSOClATED WITH THE FOLLOWINGS. (Answers may be handwrf~ten, if tegible potemf~aifo~erosk:m, dmmageor fleoding:prot)lems? Explain b~tet~c WiLL THE PEOJECT HAVE AN IMPACT ON THE E~IRONMERTAL CNAPJ~CTERISTIC~, E NVIRONM ENTAL AREA ICEAI? PN[I' Ill - Dtl Ud41NATION OF 61~NIFICN~ICE (To becompleted by ]NSTRUC'FIONS: E~reachadve~see~ect~de~U~dab~ue~determine~hetber~t~ssubetant~a~a~m~t~t~ises~gn~ Each effecl shoed be assessed in connection with its {a) se~r!g ~e, u,~ban ~ rural); (b) probability of ~cc~rfing; (~) duration: (d) irreversibility; geographic scope; ar~l (~ magr~tude., If .nec~?~y, add ~n[s Or mferesce suppod~g materials. Ensure that esplanatio~s contairl sufftcientdetai~ to'show Ihat'al] r~le~rant adverse impacts have been idenfi~ed and adequately ad~easecL If queslion d of part iJ~as checked yes,thedetermirration of sk3niflCance must evaluate,the polentJal impact of the pr~posad action ~n t he envirorm~ental ~aracterist/csofthe,CEA, Name of Lead Agency Signature of Responsible Olficer in Lead Agency 8}grmaJre of Pl*eparer (If d~Jferer;t Imm responsible offtceD Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfxont 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 TRwn Rf SRu~l~d's website (so, tholdtown, northfork.net), the Board of Tv stees 1 ffice, the Planning Depa~ anent, all local h'braries and the Town Clerk's office. B. DESCR/PTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): Town Board ~-~ Planning Dept. ~ Building Dept. [] Board of Trustees [] 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 Wansaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Site acreage: Present zoning classification: If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name ofapplicant: (b) Mailing address: (c) Telephone number: Area Code ( ) (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency? A/~5 fl~: ~ 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 Sel~n "' - PolIldas; Page 2 for evalua~I6n criteria. ~ v es [] No ~ Not Applicable Attach adflifional sheets ff necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LW-RP Sel~Ibn '" - Pol/l~S Pages 3 ~i¥ough 6 for evalua~16n p-lWrla [] v es [] No ~ Not Applicable Attach additional sheets if necessary Policy 3. Enlmnce visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria Atlach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See i t o p Section III - Policies Pages 8 through 16 for evaluation criteria ~ v es [] No ~ Not Applicable Atlach additional sheets if necessary Policy 5. Protect and improve water qnallty and supply in the Town of Southold. See i t o p Section fff - Policies Pages 16 through 21 for evaluation criteria [] v es ~-~ No ~'Not Applicable ARach 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 HI - Policies; Pages 22 through P2 for evaluation criteria. [] v es ~ N° ~ Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages P2 through P4 for evaluation criteria. [] NoS Not Applicable 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 m - Policies; Pages P4 through P8 for evaluation criteria. 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 m - Policies; Pages P8 through 4S for evaluation criteria. Attach additional sheets if necessary WORKING COAST POLICIF__.S Policy 10. Protect Southoid's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section II/- Policies; Pages 47 through IlS for evaluation criteria. ~ Yes ~ No [~R~Not Applicable 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 HI - Policies; Pages R7 through S2 for evaluation criteria. Yes No ~ Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section HI - Policies; Pages S2 through SRfor evaluation criteria. [] Yes ~ No .~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See i t o p Section HI - Policies; Pages 65 throUgh S8 for evaluation criteria. Created on 5/25/05 11.'20 .dM PECONIC PERMIT EXPEDITING I~u~ldm~j / DEC / Var~anca / Manna 32645 Main Road - Cutchogue, NY 11935 E-Mail peconicpermits~optonline.net Ph 631.734.8361 · Fx 631.734.2276 January 17, 2011 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 RE: ZBA Authorization Letter To Whom It May Concern, This letter is to authorize employees of"Peconic Permit Expediting Inc." to act as my agent in obtaining a variance/appeal from the Zoning Board of Appeals of the Town of Southold. If you have any questions, please feel free to call me at any time. Respectfully yours, Christine Conte - Property Owner AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD }FHJEN TO USE THIS FORM: The form must be completed by the applicant for any special use permff, site plan approval, use variance, or subdivision approval on property within an agricultural district' OR within $0.0 feet of-t~ farm operai~on located in agricultural district. Ail applications requiring an agricultural data s~etn~nt must be referred-to the Sltffolk CounO, Department af Planning ~n accordance with Sections 259~ m and 239~nofthe General Municipal Law. 2)AddressofApplicant:2~a Bt'~ttJ'~t~ .. ~t~' 214, 5~,~ /rr~t~tt~tt,ZAt. qqllf 3j Name Of Land OWner (it'0ther than applicant~: ' ' - ' ' 4) 32ddre~ of Land OWner:. $)D~eriptionofProposedProject: Z ~.~ b'~ ~ '~/- .2 7 ~- 0 ~ ' ~g"~" ~ ~ ]C 6) LocationofPropemy(roadand~taxmapnumber): /tff~-~ /~t/~'~ · ~.~,*e., ~.,~L~/r~ 7) Is the parcel Within an' agricultural district? ~qo [] Yes If yes, Agricultural District Number $) Is this parcel actively farmed? [~/~-No []Yes 9) Name and address of any owner(s) 'of land within the agricultural district confalniug active farm operation(s) located 500 feet of the boundary of the proposed project. Clnformation 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 o£ Southold Real Property Tax System. and Address (pleaSe a,~ back,side of page if more than six property owners are identified.). The lot numbers may be obtained, in ad. vance, when requested'from either the Office of the Planning.Board at 765-1938 ortti_'e~fl~g Board 0f.~j~als at 765.1809.. '- 1. The local board w/Il solicit comments from the owners of tand identified above in order tO cons/der the effect of theproposed act/on on ~ir lama operation. Solicitation w/It.b{: made by supplying.a copy of this stat~ne~t: 2~ Con~n~mt~ r~umed to the Io~a! board will be ~kan into consideration as pa~t of thc owrall ~ of this applicatign. 3. Cq~ias .6t' the compl~ed Agricultural Da~a Stat~anant shall be sant by applicant and/or the ¢!~rk of the board tb thc proplaay owmws idantificd above. The cost fo~ marling shall be paid by the aplffim, nt at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by thc board. 1-14-09 T0~rN OF SOUTttOLD OFFICE (F BUILDING INSPECTOR TOWN I-I-iLL SOU?HOLD, NEW YOP, K CERTFICATE OF OCCUPANCY NONC~NF OI%MING PREMISES THIS IS TO cERTIFY the the ~X! Building(s) ~_! Use(e) located al 1020 Ruch Lan~ Southold Pre C.0. ~- ~.15&71 Date- December 8, 1986 Street Hamlet shown on County tax map a~ District I000, Section 052 , Block 02 I~ot 33 · does~not~e~nform to the present Building Zone Code of the Town of Southold for the f011o~g reasons: insufficient total area; accessory garage in side-yard. On the basts of information preeented to the Building Inspector's Office, it has been determIned that the above nonconforming ~_~/Land /X_--~ Building(s) /~!Use(s) existed on the effective date the present Building Zone Code of the Town of Souihold. and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon irdormation presented to the Building Inspector's' Office, the occupancy and use for which this Certifi- cate is issued is as follows: Property contains a one story, one family, carport; and situated in A-Residential Agricultural zone, with access to Ruch Lane; a private road. The Certificate is issued to JUDITH PITMAN (owner, of the ~foresald building. Suffolk County Deparlment of Health Approval N/A UI~qDERWRITERS CERTIFICATE NO. NOTICE IS HEREBY GIVEN that the owner of the above premises FL~S NOT CONSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply with al% applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certlfieate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. LLA. L$. and appro~d and od~ t( SURVEY OF PROPERTY AT ARSHAMAMC UE TOWN OF SOUTHOLD SUFFOLK COUNTY , N.Y. tO00 - 0~2 02 33 SCALE I" = 30' NO~ 20, /986 (~16) 320 P.O. BOX 909 MAIN ROAD SOUTHOLD ~N.Y. 11971 CERTIFIED TO ; A~ERICAN TITLE INSURANCE CO. Y, S. L/C. NO, 49668 ,..~~D MORTGAGE RS 8 ENGINE~.R$, PC. 86 - 702 P~CO~R P.O. BOX 909 SURVEY OF PROPERTY AT ARSHA MA MOQU E TOWN OF SOUTHOLD SUFFOLK COUNTY , N.Y. ~000 052 02 33 SCALE I" = 30' NOV; 20 , 1956 CERTIFIED TO ; AMERICAN TITLE INSURANCE CO. Y.S. L/C. NO. 49668 /{.~~MORTGAGE CORP. ,~ ED BOUTI5 ~ 50UTHOLD ,N.Y. 11971 86 - 702 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN KiLL SOUTHOLD, NEW YORK CERT~ICATE OF OCCUPANCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the Land Building(s) use(s) Pre C.0. #- ~15~71 Date- December 8, 1986 located at 1020 Ruch Lane Southold Street Hamlet ahown on County ~ax map as District 1000, Section 052 , Block 02 Lot 33 , does[not]conform to the present Building Zone Code of the Town of Southold for the folinwing reasons: Insufficient total area; accessory garage in side-yard. On the basis of information presented fo the Building Inspector's Office, it has been determined thai the above nonconforming ~_~/Land /X_--~ Building(s) /_--/Use(s) existed on the effective date the present Building Zone Code of the Town of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFr~D that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cate is issued is as follows: Propert~ contains a one story, one family;, carport; and situated in A-Residential Agricultural zone, with access to Ruch Lane; a private road. The Certificate is issued to of the aforesaid building. JUDITH PITMAN (owner, Suffolk County Deparlment of Health Approval N/A UNDERWRITERS CERTIFICATE NO. NOTICE IS HEREBY GI%rEN that the owner of the above premises t~_~S NOT CONSENTED TO AN //~SPECTION of the premises by the Building Inspec- tor to determine if the premises comply with al% applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. Th/s Certificate, therefore, does not, and is not intended to certify that the premises comply with all other applicable codes and regula- tions. FORM NO. 4 TOWN OF SOUTHOLO BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Occupancy No ..... Z.-~!.5.7.2.6. ..... Date May 5, 1987 THIS CERTIFIES that the building . .C.o.n.v.e..c.c..t.o,..y.e.a.r., .r.o.u..n .d..o.n.e...f.a.m..i .1.y..d..w.e.l.l.i.n g Location of Property 1020 Ruch Lane Southold, New York County Tax Map No. 1000 Section . . .0..5 .2 ...... Block . . .0.2. .......... Lot 3 3 Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to the Application for Building Permit heretofore filed in this office dated · P. e..b.r.u.a..r .y..2. 3. !..1.9. 8..7. pursuant to which Building Permit No. 15718 z dated ............................ February 28, 1987 wasissued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... CONVERT TO YEAR ROUND ONE FAMILY DWELLING AS APPLIED FOR ED BOUTIS The cel~ificate is issued to ..................... ~o~n~,./~rv,~.,,x~,X .................... of the aforesaid building. Suffolk County Department of Health Approval N/A N8069 I 7 UNDERWRITERS CERTIFICATE NO .................................................. N/A PLUMBERS CERTIFICATION DATED: Building Inspector New York State Department of Environmental Conservation 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.state.ny.us LETTER OF NO JURISDICTION TIDAL WETLANDS ACT January 12,2011 Ms. Christine Conte-Boutis 2000 Broadway Apt. 214 San Francisco, CA 94115 UPA# 1-4738-04017/00001 Facility: 1020 Ruch Lane, Southold, NTY. SCTM#1000-52-2,33.1 Dear Ms. Conte-Boutis: Based on the information you have submitted the Department of Environmental Conservation (DEC) has determined that the property landward of the "top of bluff" line, as shown on the survey prepared by John C. Ehlers dated 10/25/10, is beyond Tidal Wetlands Act (Article 25)jurisdiction. 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 other alteration or disturbance to the ground surface or vegetation within Article 25 jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional bo~QLmdew aPpLy, our project (i.e. a 15' to 20' wide construction area) or erecting a tempera, barrier, or halS'b~y berm. . Plea/~ note th~3t'this letter does not relieve you~ of the responsibility of obtaining any necessary peTItl or,royals from other agencies or Io/~al municipalities. D~ ~ut~dministrator cc: Peconic Permit Expediting, Habitat-TW, File View of Deck from Yard 1020 Ruth Lane Southold~ N.Y. View of Water from Deck OWNS. ~ TOWN OF SOUTHOLD I)'kOPERTY RECORD CARD RES. ~ i~,d ~ ~ VL. DISTRICT SUB. ACREAGE TYPE OF BUILDING LOT CB. J MISC. LAND ~00 IMP. ~orO /~-oo TOTAL ~-~oo ZgO o DATE /~o o , :om B ELOWK',,,):~ Value Per Acre Farm ~ ,~O1~RMAL <~ Acre Tillob. le 1 Tillable 2 Tillable, 3 Woodland Swampland Brushland House PIo~" ~ ~ ~,~ Tara I ~_~ ABOVE - Value M. Bldg. Extension Extension Foundation Basement Ext. Walls Extension Fire Place /,~'X ~'? '~ ,2 7~) . Porch Breezew0 Goo Garage o ~J Patio ~iveway Porch / Bath Floors Interior Finish He~t Attic Rooms 1st Floor Rooms 2nd Floor '%, 5 7 2G"W SITE AND ZONING DATA ZONING REQUIREM~NTB R-40 ~D(I~TING CONDITIONS PROPOSED CONBTP-,UCTION A5 PER I 00~244 LOT ARI-A MAX 40,0005,F I ~, 5G5 ~.P. I G, 5G5 5.P, FRONT YAI~,D SETBACK 35.0 PT 35. ,R~AR YARD SETBACK 35,0 FT 70. 25 PT 70. 25 PT 51DE YAR, D BETBACK I 0,0 PT 5 ~, PT 5. 8 FT TOTAL M~, G~055 FLOOR A~EA 20% 2350 DF ~ 4. 0% 2350 DF 14, 0% LOT COVE~GE NEW YO~ STATE D.E.C, 2350 5F 1G, 4% 2350 5F M~rMUM HEIGHT 35.0' THE~ A~ NO G~DE CHANGES, EXCAVATION, FILLING, AND/O~ CLEA~NG BONE TO TH[5 PROPE~ SUBJECT PROPERTY- LEGALIZE EXISTING DECK AT THE BOUTIS RESIDENCE 1020 RUCH LANE SOUTHOLD, NY S.C.T.M. # 1000-52-2-33.1 REViSIONS DATE; PLOT PLAN SCALE I"= 20'-0" .~ PECOMC PERMIT ~' EXPEDITING PHONE: G31.734.8341 DATE: 1-5-11 DR BY: R WL SCALE: AS NOTED CHKD: KEY MAP 1008 SP-1 EXISTING ', .... _ ,, 7,_7~A" ;1-g 7 7Vz 7'-7" ~. ~' REAR ELEVATION I ",, ~ N ., 22'-5" ~'-11" FOU~DATIO~ P~ ~ ~s,_~. __ EXI~ING UPPER DECK. ~ , LE~ EL~ATION ~ ~ , ' GIRDER TO PO~ ~ ., LEDGER BOARD TO HOUSE 2. ~RAPPING: ~5ER SD~ ~ ~-DO~N$ AT GIRDE~ TO JOl~S ~x~ ~E~aE~ S~. 3. FOOTING: ~ A~SUMED 2'-7" '-~0~., 7'-4" ~'-10',. S'-IO' ' 3'-H" :~ ~'r> ~ ~"~ r~ ~'-2" 2fl'-4" - SE~ION A-A FLOOR P~N s~[[: S~k~: 1/4" = 1'-0~