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HomeMy WebLinkAbout1000-104.-9-4.2 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, N-Y 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 Apdl 26, 2011 Re: Coastal Consistency Review for ZBA File Ref. THOMAS FRENZ #6466 SCTM# 1000-104-9-4.2 Request for Variance from Article Ill Code Section 280-15B and the Building Inspector's February 4, 2011 Notice of Disapproval based on a building permit application for construction of an accessory two car garage at; at less than the code required side yard setback of 15 feet, at: 1260 Broadwaters Road (adj. to Broadwaters Cove) Cutchogue, NY. SCTM#1000-104-9-4.2 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 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: /~-~/d~0~?lig~/I 53095 Main Road ~ { P.O. Box 1179 ~ Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 17, 2011 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6466 FR~ENZ, Thomas 1000-104.-9-4.2 Dear Mark: We have received an application for co~structi~ of an accessory two car garage. A copy of the Building Inspector's Notice of D~sapprs/val under Chapter 280 (Zoning Code), and survey map, project description form, great, bed for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Encls. Leslie.~ Chai~lS~e By: '~ I o~- Cl-- '-'r, I BROAD~ATERS COVE TOY4N OF SOUTHOLO HAYWATER COVE NOTICE ~.. COUNTY OF SUFFOLK (~) ...,E.,~,,~,~.,,,~S,~E o~ ~L.~'~Real Property Tax ~rvice A~cy Y 83/88/2811 15:47 6317659864 ZONINGBDOFAPPEALS PAGE 81/81 FORM NO. 3 NOTICE OF DISAPPROVAL TO: Samuels & Steclman, Architects For: Thomas Frenz 25235 Main Rd. Cutchogue, NY 11935 DATE: December 9, 2010 Updated: March 8 2011 Please take notice that your application dated Deca'nber 1, 2010: For per,mit to construct aecessorv two car garage at: Location of property: 1260 Broadwaters Rd Cutchogue. NY County Tax Map No. 1000 - Section 104 Block 9 Lot 4._.~2 Is returned herewith and disapproved ot~ the [bllowing grounds: Thc proposed construction of a two car aecessory ~a~ this confomU-3~ waterfront lo~t consistine of 44,128.33 sq. ft. in tb.¢ residential K-40 District is not l~ermittexl. Pursuant to Article III. Section 280-15 (B% "aecessot3t bui.ldings: on lots 40.000 59,99~9 sq. ft. shall have a minimum side yard setback of 15 feet and in the case of waterfront prope'aies, accessory buildings may be located in the front yard, orovided they meet the front yard pdncioal setback...' Surve~ shows proposed ~ara~e at 10.1 feet from the side yard, where 15 feet is required. A Signature Note to Applicant: Any change or deviation to the above referenced application may require furtl~er review by the Sm~thold Town Building Department. CC: file, 7. B.A. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 1260 Street Broadwaters Road Hamlet Cutchogue SCTM 1000 Section 104 Block 9~_Lot(s) 4.2 Lot Size 44,128.33 sq.ft. (Buildable 21,283 sq.ft.) Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED March 8, 2011 BASED ON MAP dated 3/10/10 prepared by Samuels & Steelman Applicant(s)/Owner(s): Thomas Frenz Mailing Address: 117 Queens Court, Massapequa Park, NY 11762 Telephone: c/o Pat 765-4330 Fax #: Email:pcmoorel(~optonline.net NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( X ) Owner, or ( ) Other: _ Agents Address: 51020 Main Road, Southoid NY 11971 Telephone 765-4330 Fax #: 765-4643 Email: pcmoorel~,optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: ~ Applicant/Owner(s), or X Authorized Representative, or ~ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 3/10/10 and DENIED AN APPLICATION DATED 12/1/2010 FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article Ill, Section 280-15 (B): Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. y A Variance due to lack of access required by New York Town Law-Section 280-A. y Interpretation of the Town Code, Article Section y Reversal or Other A prior appeal has, Xhas not been made at any time with respect to this property, UNDER Appeal No. Year_ (Please be sure to research before completing this question or call our offtce for assistance.) None REASONS FOR APPEAL (additional sheets mag be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARd CTER of the neighborhood or a detriment to nearby properties if granted, because: The proposed garage will be setback from the property line in conformity with the neighboring properties. The property is narrow, being only 60 feet in width, therefore placement of the accessory garage at more than 10 feet from the property line will locate the garage in a prominent location, centered on the property, and distracting from the view to the house. The garage on the adjacent property is at 2.6 feet from the property line. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant topursue, other than an area variance, because: A conforming side yard setback for the garage would place the garage at 15 feet from the property line. The garage is not intended to be the predominant structure on the property. At 10 feet from the property line, the proposed garage maintains the residential character of the neighborhood. Circulation into the garage would be hampered by placement of the garage away from the proper~ line. (3) The amount of relief requested is not substantial because: The setback is not proportioned to the width of the property. The property is narrow along the road and widens as the property reaches the water. The amount of relief is minimum given the width of the property. (5) Has the alleged difficulty been self-created? ( )Yes, or ( x)No The property was created as a narrow parcel. Are there Covenants and Restrictions concerning this land: X No. Yes O~leuse furnish coov). 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 ( ) IFA USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Sworn t before me this d 2011 Signature of Appellant or Authorized Agent BETSY A. PERKIN9 Notary Public, State of New York No. 01 PE6130636 Qualifie~ in Suffolk Count~::~"~l Commission Exphes July 18,..~---.~' Thomas & Patricia Frenz 117 Queens Court Massapequa NY 11762 March 10, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: We, Thomas & Patricia Frenz authorize you to make any and all applications and appear on my behalf to the Southold Town Zoning Board of Appeals, Suffolk County Department of Health Services and any other necessary agencies on our behalf regarding properties located at 1260 Broadwaters Road, Cuthochogue (sctm: 1000-104-9-4.2) APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Thomas Frenz Date Prepared: March 8, 2011 I. For Demolition of Existing Building Areas Please describe areas being removed: none II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: garage 20' x 24' Dimensions of new second floor none Dimensions of floor above second level: none Height (from finished ground to top of ridge): 17' 6" Is basement or lowest floor area being constructed no If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: roof of workshop altered- slope of roof changed - no change to footprint IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property:_1940_. Proposed increase of building coverage:480 sq.ft. Square footage of your lot: on survey 44,128.33 sq.ft. Buildable: 21,283 sq.ft. Percentage of coverage of your lot by building area: 11.4 % V. Purpose of New Construction Requested: construction of new garage VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): gentle slope on Broad Waters Cove Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Thomas Frenz 1000-104-9-4.2 ls the subject premises listed on the real estate market for sale? [] Yes E No Am there any proposals to change or alter land contours? E No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses?~ 2) Are these areas shown on the map submitted with this application? e~ 3) Is the property bulltheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: more than 100' from wetlands & landward of the house - no iurisdiction and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show ama of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? __ please submit a copy of your building permit and map as approved by the Building Department and describe: no If yes, G. Do you or any co-owner also own other land close to this parcel? no the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel single family dwelling and proposed use dwellim, with eara~'e .?~s: exl~g: single-family; proposed: same with garage or pool, or other description.) AhthlYfi~zed Signature and Date 2/05; 1/07 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unless ~ou are applying ih the name (_~ ~t.~ of someone else or other entity, such as a company. If so, indicate the ~" other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception If "Other", name the activity: Change of Zone Approval of Plat I 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 l I NO ~ 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): L [ [ t I 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 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 distric~ All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. l ) Name ofApplicant: V~,'X/'/~.(_ s,q C~ 2) Address ofApplicant: ~.~ ~ ~--t~ar ~ kD 3) Name of Land Owner (if other tJ~on apl21icant): '-~ 4) Address ofLand Owner: }l~/ C~M~3 CT 5) Description ofProposed Project: Cc~c-, s.~c, r ~ 6~ ~cation o~Prope~ (road ~d t~ ma9 number): 7) Is the p~cel within an agricultural dis~ict? ~No ~Yes lfyes, Agricult~al Dis~ct Number 8) ls this parcel actively f~ed'~ ~Yes 9) Nme ~d address of ~y owners) of l~d within the agficult~l dist~ct containing active f~ operation(s) located 500 feet of the bo~d~ of the proposed project. (lnfo~mion may be available through the Town Assessors O~ce, Town Hall location (765-1937) or from ~y public computer at the Town Hall locations by viewing the p~cel numbers on the Town of Southold Real Prope~ Tax System. 1. ~"~/ ~ Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbe~rmy-b-~tained, in advance, when requested from either the Office of the Planning Board 765-19~,~.o'f t~oard of Appeals a~.t 765-1809. Signature of Applicant Date at Note: 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for ~eview. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 PROJECT I,D. NUMBER 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR I 2. PROJECT NAME 3, pROJECT LOCATION: I '~ (--.~'~ ~:~ ~ ~?)~/'O'"'~7~'~'~'& ~ 4. PRECISE LOCA~ON (Street address and road Intersections, prominent lanyard, etc., ~ ~lde m~) SEQR 5, IS PROPOSED ACTION: 6. DESCRIBE PROSECT BRIEFLY: AMOUNT OF LAND AFFECTEB'. ~,- ",.,,,.,,, 8, WIlL PRO~S~ A~O~ ~MPLY ~H ~I~ING ZONING OR OTH~ ~NG ~ND USE [] Yes ~No I1 No, des~flbe briefly 9. W~T IS PRE~ENT LAND USE IN VICINITY OF PROJECT? (~,~Resldentl&l F-] Ifldu~bi~J [] C~mmemJal [] I:~t/Open space [] Other 10. DOER ACTION INVOLVE A PERMIT APPROVAL OR FUNDINg, NOW OR ULTIMATELY FROM ANY OTHER GOVE.RNM~rrAL AGENCY STATE OR [] Yes ~] No I! y~s, lilt 1gaaP. Dy(S) 11. DOER ANY ~_PECT OF THE ACTION HAVE A CURRENTLy VAUD PEP~MIT OR APPROVAL'/ [] yffi ~] NO If ye~ list agenoy name and permlt/appro~l 12. A~ A RERUL?.,0L~ PROPOSED ACTION WIII EXISTING PERMITIAP~VAL REQUIRE MOCII=iOATION? [] Ye8 [~ NO I cERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE I If the action Is in the Coastal Area, and you em a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER WILL ACTION RECEfV~ COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS tN 6 NYCRR. PART 6175'~ O. WILL THE PROJECT HAVE AN ~MPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTAeIJSHMENT OF A CEA? ..~ Yes [] No E. I$ THERE, OR tS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMIaACTS? ~--~ Yes [] NO If Yes, explain ela~efly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should I~e assessed in connection with its (a) setting (i.e. u~Oan or rural}; ('o) probability of occurring; (c) (turstion; (d) irreversibillty; (e) geographic scope; and (l) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that ali relevant adverse impacts have boer identified and adequately a~tdrossed. Question D of Part II was checked yes, the determination and significance must evaluate the potential impact ct the proposed action on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse inflects which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Date TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET /~ ~ VILLAGE DIST. SUB. LOT ..... ' ' ' F~ER OWNER N E ACR. u ~~ s w ~ o~ .u,~,N~ R~. ~ ~ ~ S~S. VL.~ FARM C~. CB. MICS. Mkt. Velue ~D IMP. TOTAL DATE R~RKS " ~ ~ ~ / Tilloble FRONTAGE ON WATER / W~la~ FRONTAGE ON ROAD ~ ~ DEPTH H~ PI~ , BULKH~D i To~i 104-9-4.2 4/01 I1 tl III ? J zo,,"7= z4,o ~.?s'- 19~ Foundation p~ Bath M Btdg. Extension Extehsion I xte~sion = ~o ~o ~/o Porch ~ ~ /~ . ~o ,~o Pool A~ie Deck Patio Rooms 1~ Floor J/ Garage 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 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 Deparlment, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION conslruction of new garage SCTM# 1000-104-9-4.2 AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees Zoning Board of Appeals X 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capi[al construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: [] Type: Town of Southold LWRP Consistency Assessment Form 1 Nature and extent of action: Construction of an accessory garage landward of the dwelling Location of action: Broadwaters Road, Cutchogue Site acreage: 44,128.33 sq.ft. Present land use: single family home Present zoning classification: r-40 2. 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: Thomas Frenz (b) Mailing address: c/o Patricia C.Moore (c) Telephone number: (631)765-4330 (c/o Pat Moore) (d) Application number, if any: __ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section II1 - Policies; Page 2for evaluation criteria. Yes No [] Not Applicable X Discussion (if appropriate)-' Project is located in a fully developed subdivision. The proposed ~,araoe is landward of the existing waterfront house Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable X Discussion 0fappropriate) developed subdivision- not applicable Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section Ili - Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable X Town of Southold LWRP Consislency Assessment Form 2 Discussion (if appropriate)- not applicable 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 16for evaluation criteria Yes No [] Not Applicable X Discussion (if appropriate): not applicable Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section III- Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): no impact on water quality- residential use 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 II1 - Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): not applicable Policy 7. Protect and improve air quality in the Town of Southold. See L WRP Section III - Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): No impact on air quality Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section IlI-Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): no hazardous waste on site. 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 111- Policies; Pages 38 through 46for evaluation criteria. Town of Southold LWRP 3 Consistency Assessment Form Yes [] No [] Not Applicable X Discussion (if appropriate): not chanhge to public access along mean high water WORKING COAST POLICIES Policy 10. Protect SoutholWs water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section IIl- Policies; Pages 47 through $6 for evaluation criteria. Yes No [] Not Applicable X Discussion (i£appropriate): Private residential use 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 $7 through 62for evaluation criteria. Yes [] No [] Not Applicable X Discussion (ifappropriat¢): Garage is landward of house Policy l2. Protect agricultural lands in the Town of Southold. See LWRP Section lll- Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): no agriculture is conducted on the land Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): All construction will comply with applicable energy codes *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 March 17, 2011 Zoning Board of Appeals Town of Southold hand delivered RE: THOMAS FRENZ PREMISES: 1260 BROADWATERS ROAD, CUTCHOGUE SCTM: 1000-104-9-4.2 Dear Chairman & Board members: Enclosed please find nine (9) sets of the following: 1. Notice of Disapproval last dated March 8,2011 2. Application together with client's authorization 3. Project description, questionnaire form 4. Transactional disclosure 5. Site plan with survey 6. Agricultural data statement 7. Town property card 8. LWRP form 9. EAF 10. My clients check representing your filing fee is also attached. Please note that photos of the staking of the proposed garage will follow under separate cover prior to the Board's inspection. Please place this matter on your next available calendar. Thank you for your continued courtesies. Very truly yours, PlatrJcJa C. MO~' t PCM/bp encls. SITE DATA SCTM # 1000-104-09-4.2 PROPERTY: t260 BROADWATERS ROAD ADDRESS CUTC.O=UE,.Y 11936 BROADWATERs OW. ER: TOM & PAT FRENZ S 82..'_10'46- E COV~_~ 117 QUEENS COURT MASSAPEQUA, NY 11762 TO SPOt LITE AT ~ ~~ ¢¢. SITE: ~,128.33 sf = 1,0t3 ac ~ A % ~~ ~ }~ SURVEYOR, NATHANTA~CORWIN PO BOX 1931 ~ ~ X ''~ ~ ~ [~I ~ RIVERHEAD, NY 11901 ~ DATED 6111199 ~ ~ ~ ~ _~ ~ ~ ~¢/ [~ ~. 6/t3/002/2101 FINALFOUNDATIONsuRVEY LOCATION CONTOURS PER NGVD 19~9 VERTICAL D~TUB LOCATION MAP ~ALL BBLO~ k FLOOR PLAN HOUSE TO S~tlTC, H AT rL Ii EAST ELEVATION SCALE: tl4" = 1' -0" I® SOUTH ELEVATION SCALE: 114" = 1' -0" LI Ij NORTH ELEVATION SCALE: 114" = 1' 4)" WEST ELEVATION SCALE: tl4" = 1' -0" · " PROPOSED ., COVERAGE 2~120 sf = 11.4% NOTE: LAN SCALE: 1" = 30' -0" MAR 1 7 2011 BOARD OF APPEAI.,.~ FLOOD ZONE INFORMATION TAKEN FROM: FLOOD INSURANCE RATE MAP No. 36103C0164 G ZONE AE: BASE FLOOD ELEVA'rlONS DETERMINED ZONE YE: COASTAL FLOOD WI~-I VELOCrIY HAZARD (WAVE ACTION); BASE FLOOD ELEVA'FIONS DETERMINED ZONE X*: AREAS OF 500-YEAR FLOOD; AREAS OF IO0-YEAR FLOOD WiTH AVERAGE DEPTH OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM 100-YEAR FLOOD. ZONE X: AREAS DETERMINED TO BE ZBA SET PROJECT NO: 0709 DRAWN BY: RJB CHECKED BY: TCS DATE: 3/10/11 SCALE: AS NOTED ~HEET TITLE: SITE PLAN FLOOR PLAN ELEVATIONS SHEET NO: 1