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Home My WebLink About1000-71.-2-4 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NYl1971 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 March 30,2011 Re: Coastal Consistency Review for ZBA File Ref. BLACKLEY #6458 SCTM# 1000-71 .-2-4 The proposed construction of an in-ground swimming pool, with a 54.7' setback to a bulkhead has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards to the .qreatest extent practicable and therefore is CONSISTENT with the LWRP. The existing shed located in the side yard is EXEMPT from LWRP review. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 February 17,2011 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Reft No. # 6458 BLACKLEY, James and Kathleen 1000-71.-2-4 Dear Mark: We have received an application for construction of inground pool. 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 ~ours, ~s2ii~)~/~ ~n BLA CKL£Y Property Situate: *Ir, ltarbor Lig'hts Drix~e; Town of Southold, NY SCTM#: lOOO-O71-o~2-oo~ Photogq-aph indicating the staked out location of the proposed swimming pool (yellow arrows). Photograph taken from the central portion of the property, facing northeast, overlooking Sonthold Bay. (~ q ~. Photograph indicating the portion of existing decking to be removed (yellow arrow) to be replaced both by the proposed dining area house extension (blue arrow) and the pool patio. Photograph taken from the central section of subject property, facing southwest. BLA CKL£Y Property Situate: 1,15 Harbor Lights Drb:e; Town of Southcdd, NY SCTM #: lOOO - 071 - o~ - oo;~ Photograph indicating the existing conditions along the northern side of the dwelling. Photograph taken fi'om the central section of subject property, facing southwest~ BLA CtfL£Y Property Situa re: t, 13 Harbor Lights Drive; Town of Southold, N5 SCTMO: too0--o71-oe--oo* Photograph indicating the aerial view of subject property, facing northeast, towards Southold Bay. BLA CKL£Y Property Situate: H5 Harbor Lights DrNe; Town ofSouthold~ NY SCTM~: 1000-071 -- 0~ --. 004. Photograph indicating the aerial view of subject property, facing southwest. ~eARD 0~ APP~A~ BLA CKL£Y Property Sitm~te: r*15 Harbor Lights Dm ~ To~ oi Sot tt~old, N~ SCTM~: looo----o71-o~ - oo~ Photograph indicating the aerial view of subject property, facing south- southeast. BLA CKL£Y Property Sittmte: 445 Harbor Lights Drixe; To-~n oFSonthold, SCTM~: lOOO-O7I -o~-oo~, Photograph ~ndmann~, the aerial view of subject property, facing southeast. /~- ~/~ Z- ~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STreET ~/~ VILLAGE F~RMER OW~ ~ ' ~ ~ E ACR. . ~ ~' ~.~ S W. ,.. RES. FARM COMM. CB. MICS, Mkt. Velue. ~ND IMP. TOTAL DATE R~RKS ~.' . f ,. AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre V=lue Per I Value Acre Tilleble FRONTAGE ON Wo~lond FRONTAGE 0N ROAD ~ ' M~ed0wl~nd DEPTH: House Plot BULKH~D Tote~ DOCK LOR TKI~~ 71-2-4 10/00 i?~ . ~ ,~0 /~I Basement Breezeway ~ ~Fire Place ~ He~t DR. ~ ~ Patio ' Recreation Room R~m~ 2hd Flo~r qN. B O.B. I Dormer Driveway 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 BuiMing 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# 071 02 004 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals [] 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Applicant proposes to construct a small dining room Addition, construct a Gunite Swimming Pool (~vith associated Drywell & Pool Mechanicals), remove a portion of the existing rear Decking, construct a Patio (w/Wall), install Steps to the remaining existing decking, construct a Deck Addition and legalize and existing detached Frame Shed. Please refer to the attached Survey for all project specifications. Location of action: Site acreage: 415 Harbor Lights Drive; Bayview; Town of Southold, NY 0.459 acre -+ Present land use: Single family dwelling with related appurtenances Present zoning classification: R - 40 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: KATHLEEN & JAMES BLACKLEY (b) Mailing address: 2457 Foxdale Avenue; Oceanside~ New York 11572 (c) Telephone number: Area Code ( 516 ) 238 - 8053 (d) Application number, if any: N/A 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? NYSDEC DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable As indicated within Policy 1, "Development that does not reinforce the traditional land use pattern of the Town of Southold would result in a loss of the community and landscape character of Southold.", this proposal is to construct a small addition, swimming pool, patio and deck addition, all of which are common appurtenances in the Town. The proposal, as designed, will not result in adverse effects to the surrounding environment in that the project bas been desiqned in such a way as to maximize the extent of all required regulatory conditions associated with these activities on a lot situated in proximity to the surface waters surrounding the Town of Southold Accordingly, we believe that this project is consistent with this policy. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] Not Applicable Policy 2 is not applicable in that subject lot and the surrounding neighborhood cannot be deemed a substantial historic and/or archaeological resources. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 5 through 7 for evaluation criteria [] Yes [] No [] Not Applicable Subiect proposal will not adversely impact the visual aualitv of the surroundinq area in that the proposed activities will be lower in heiqht than the existinq improvements thereon. No current visual resources will impacted by these activities. Therefore, we feel that this orooosal is consistent with this policy. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will fully comply with Policy 4 in that the location of the improvement within subiect property is to be situated 49.3' landward from the existim] and fully functional bulkhead, which has historically protected this property from floodinq and/or erosion. The chances of any loss of life or structures from implementation of this project are negligible. Therefore, we feel that the orooosal is consistent with this policy. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will comply with Policy 5 in that the proposed pool will be served by a dr/well that will handle any and all runoff. Construction of the proposed activities will utilize hay bales and siltation fencing, thereby orotecting situate surface waters. Therefore, we feel that the proposal is consistent with this policy. Attach additional sheels if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal will comply with Policy 6 in that proposed activities, especially the oroposed oool is designed to meet the environmental guidelines and requirements of both the Town of Southold Board of Trustees and the New York State Department of Environmental Conservation, and consequently, will maintain the integrity of the surroundinq ecosystem. Therefore, we feel that the proposal is consistent with this policy. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal is simply construct incidental improvements which historically do not result in any form of adverse effects to air quality. Accordinqly, this proposal is not applicable with this policy. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve disposal and/or transportation of solid waste~ hazardous waste, toxic pollutants, petroleum products. Attach additional sheets if necessary PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria [] Yes [] No [] Not Applicable This policy is not applicable to the proposal in that subiect parcel is a private lot and has no possibility for public access to coastal waters or public resources. However, as the proposed construction is occurrinq landward of the existing bulkhead, the proposal could in no way impede the use of the contiguous creek off the subject parcel. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependence uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve a water-dependent use (i.e. marina, aquaculture, etc...). 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 Subject proposal is not applicable in that the proposal does not involve any form of marine resource management (i.e. commercial fisheries, recreational fisheries, aquaculture, etc...}. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable Subject proposal is not applicable in that the proposal does not involve agricultural lands (i.e. the conversion of farmland, the establishment and/or maintenance of new coastal agricultural production, etc...) 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 Subiect proposal is not applicable in that the proposal does not involve the conservation of enerqy resources on a commercial level and/or the promotion of alternative energy sources, proper maintenance of fuel storage facilitieq and/or the extraction of mineral extraction. Attach additional sheets if necessary Created on 3-29-2006 @ IO:OOAM 14-16-4 (~/95)-Text 12 617.20 i PROJECT I.D. NUMBER Appendix C : State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1- PROJECT INFORMATION (To be completed by ~ ~pplicant or Proiect sponsor) ]. APPLICANT/SPONSOR 2. PROJECT NAME Suffolk Environmental Consulting, Inc. BLACKLEY Property 3. PROJECT LOCATION: Municipality Tow~ofSouthold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc. or provide map) 415 Harbor Lights Drive; Bayview; Town of Southold, New York (SCTM #: 1000 071 - 02 - 004) 5. IS PROPQSED ACTION: [] New [] Expansion [] Modification/alteration SEQR 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to construct a small dining room Addition, construct a Gunite Swimming Pool (with associated DryweH & Pool Mechanicals), remove a portion of the existing rear Decking, construct a Patio (w/ Wall), install Steps to the remaining eyfisting decking, construct a Deck Addition and legalize an existing detached Frame Shed. Please refer to the attached Survey for all project specitications. 7. AMOUNT OF LAND EFFECTED: Initially < 0.2 acres Ultimately < 0.2 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe bfiefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? []Residential r-Ilndustrial [-]Commercial E]Agriculture E_]Park/Forest/Open space [--IOther Descdbe: Private single family residences with related appurtenances. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENT AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes E]No If yes, list agency(s) and pen'nit/approvals New York State Department of Environmental Conservation; Town of Southold Board of Trustees 1 1. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If yes, list agency(s) and permit/approvals 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] NO I CERTIFY THAT THE INFORMATION PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Mat[~nvironmental Consulting, Inc. Date: February 1,201 l Signature: f.,~"~'~"~"~ -- ~,,,~. If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II- ENVIRONMENTAL ASSESSMENT (To be completed by A~enc~/) A. DOES ACTION EXCEED ANY TYPE i THRESHOLD IN 6 NYCRR, PART 617.127 use the FULL FAF. [] Yes [] No If yes, coordinate the review process and B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. [] Yes [] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archeolegical, historical or other natural or cultural resources; or community or neighborhood character? Explain bdefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitat, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in Cl ~C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: r~Yes []No D. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If yes, explain briefly PART III - 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 be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (Q magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CFA. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL FAF 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: Name of Lead Agency Print or Type Name of Responsible Officer Signature of Responsible Officer in Lead Agency THe of Responsible Officer Signature of Preparer (if different From responsible officer) Jill M. Doherty, President l~ob Ghosio, Jr., Vice-President James F. King Dave Bergen ~lohn Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 Januaw 19,2011 BOARD OF TO~NTRUSTEES TOWNOFSOUTHOLD Mr. Matt D. Ivans Suffolk environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 RE: JAMES & KATHLEEN BLACKEY 415 HARBOR LIGHTS DRIVE, SOUTHOLD SCTM#71-2-4 Dear Mr. Ivans: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, January 19, 2011 regarding the above matter: WHEREAS, Suffolk Environmental Consulting, Inc. on behalf of JAMES & KATHLEEN BLACKLEY applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated December 3, 2010, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on January 19, 2011, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, 2 WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of JAMES & KATHLEEN BLACKLEY to construct an addition to the existing dwelling, in-ground swimming pool, drywell and pool mechanicals, remove portion of existing rear decking, construct a patio with wall, install steps to the remaining existing decking and construct a deck addition; and for the existing flagpole and deer fencing; and as depicted on the survey prepared by Nathan Taft Corwin, III last dated January 13,2011, and stamped approved on January 19,2011. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, Jill '~D°herty ~ President, Board of Trustees JMD/eac Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631 ) 765-1892 Fax (631 ) 765 -6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE X __ Pre-construction, hay bale line __ Ist day of construction ½ constructed Project complete, compliance inspection. BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7471 DATE: JANUARY 19~ 2011 ISSUED TO: JAMES & KATHLEEN BLACKLEY PROPERTY ADDRESS: 415 HARBOR LIGHTS DRIVE, SOUTHOLD SCTM# 71-2-4 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on January 19, 201 I, and in consideration of application fee in the sum of $250.00 paid by James & Kathleen Blackley and subject to the Terms and Conditions as stated in the Resolution, the Southold Tovm Board of Trustees authorizes and permits the following: Wetland Permit to construct an addition to the existing dwelling, in-ground swimming pool, drywell and pool mechanicals, remove portion of existing rear decking, construct a patio with wall, install steps to the remaining existing decking and construct a deck addition, and for the existing flagpole and deer fencing; and as depicted on the survey prepared by Nathan Taft Corwin, Ill last dated January 13, 2011, and stamped approved on January 19, 2011. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. John Bredemeyer~ Absent TERMS AND CONDITIONS The Permittee James & Kathleen Blackley, residing at 415 Harbor Lights Drive, Southold, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no m~reasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Pennittee will obtain all other perm/ts and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. SURVEY OF LOT 46 MAP OF HARBOR LIGHTS ESTATES SECT{ON T~O FILE No. 4681 FILED JULY 26, 1966 £'ITUA TE BAYVIEW TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-71-02-04 SCALE 1 "=20' AUGUST 11, 1998 SEPTEMBER 5, 1998 ADDED PLO'[ PLAN UCTOBER 51, 1998 REVISED PLOT PLAN NOV 19 1998 REVISED SEPTIC SYS LOCATION DEC 8, 1998 REVISED PROP HOUSE MAY 17, 1999 REVISED PROP BEPTIC SYS ,JAN 19, 2000 REVISED PROP GRADES FEB 17, 2000 ADDED ROW OF HAY BALES &' BUFFER MAY 8, 2000 FOUNDATION LOCATION DECEMBER 9, 2000 FINAL SURVEY ,JUNE 25, 2010 UPDATE SURVEY NOVEMBLR ~7, 2010 ADDED PROPOSED POOL & PATIO JANUARY 5, 2011 REVISED SITE PLAN ,JANUARY 15, 2011 REVISED PROPOSED POOL AREA --- 20,000 sq. ff. 0.459 ac. C~ERTIFIED _TO~ JAMES BLACKLEY KATNY BLACKLEY / / / / / / ~ / / / / / / / / / / / ,ED 07 ','i , ,;;! OF $OITf;F ~ , I-I?-// New York State Department of Environmental Conser~at~n Building 40 - SUN'(, 8tony B~ook, New York 11790-2366 Telephone ($18) 444-03~B Far. s~n~ ($1e) 444-0350 Mr. Robert Stickle 62 Lakeehore Blvd. Massapequa, NY 11758 No, ember 20, 1998 1-4738-02053/00001 Harbor Lights Drive SCTM~1000-71-2-4 $outhold Dear Mr. Stickle: BaSed on the inf6i~mati0n Sou have-submitted, the New Y Department of Environmental Conservation has determined The property landward of the bulkhead greater than 19! length, constructed prior to 8/20/77, as enoch on ~ ~repare~ by Joseph Ingegno dated 8/11/98 revised 9/, confirmed by Department technical staff-to he evidenced Wetland Map#718-546 and IR/BW#724, i:; beyond Article Wetland) Jurisdiction. Therefore, in accordance wi~h the current Tidal Wetland; J~hn~Cah~ ~' Sta~e' ~hat: feet in e survey /98, and on Tidal 5 (T~dal Land Use Requlatlons (6NYC~Part 661) no permit is requi=e~ under :he Tidal Wet~ands Agt. Please be advised, ho~,ever, that no cons :ruction, sedimentation, or disturbance of any kind may take ~l~e ~eawar~ of the tidal wetlands Jurisdictional bot~dary, as indlca'~d above, without a uermit. It is your responsibility to en~ure that all necessary precautions are taken to p~.avent any sed~men;ation .or other alteration or disturbance to the ground surface or ~getatlon within Tidal ~etlands Jurisdiction ~ich may result project. Such precautions may include maintaining ads area between the tidal wetland jurisdictional boundary project (i.e. a 15~ ~ 20~-wid~ cunstru=tion..area.).- or .e temporary fence, barrier, or hay bale berm. . Please be further advised ~hat this ½etter does no~ rel~l the responsibility of obtaining any~ecessary permzts/~' from other a~encies. --.~ LIS ~Adm~nistrator C. Mesiano, Inc. File rom your late work and your :ecting.a ..... FORM NO. 4 BUILDING DEP~RTMENT Office of the Building Inspector Town Hall Southold~ CERTIFICATE OF OCCUPANCY No: E-27566 Date: ~2/28/01 T~IE CERTIFIE~ that the building NEW DWELLING Location of Pro~rty: 415 ~AEBOR LIGHTS DR SOUT~OLD (HOUSE NO.) (STREET) (HAMLET) Co%u~ty T~ Map No. %73889 ~ectio~ 71 Block 2 Lot 4 Subdivision Piled Map Lo. Lot NO. conforms substantially to the Application for Building Permit heretofore filed in this office dated JU~E 4, 1999 ~ursuant to wb/ch Build~Dg ~ermit No. 2S934-Z dated AUGUST 10, 1999 was issued, and conforms to all of the recgairements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAmILy DWELLING WITH ATTACHED GARAGE AS APPLIED POR. The ce~clficate is issued to ROBERT & EMMERENCE STICKLE (OWNER) of the aforesaid building. SD~FOLKCOI~T~DEPART~N~OFH~%LT]tA~PROV/%L R10-98-0145 0~/05/01 ELEC~IC~L CERTiFICATM ~O. 100723 1--1./21/00 PLU~4~EP~ CERTIFICATION DA~ED . 02/21/01 DENNIS FRANKS /~ho~zed signature Rev. 1/81 Town of Southold Erosion, Sedimentation & Sto, m-Water Run-off ASSESSMENT FORM 1000- 071 -02 - 004 THE FOLLOWING ACTIONS MAY REQUIRE THE SUBMISSION OF A STORM-WATER; GRADINGi DRAIIf~.AGE AND EROSION CONTROl. PLAN CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YORK. SCOPE OF WORK - PROPOSED CONS~P, UCTION fl'EM # / WORK ASSESSMENT a. What is the Total Area of the P~ject Parc~ls? t Will thiS Project Retain All Stom~Wate{ Run*Off 0.459 acres < 0.1 sq. ft. b. What is the Total Ama of Land Ctsan~J and/or ~und Disturbance for ~ proposed construction ecf~ PROVIDE BRIEF PROJECT DESCRIPTION Applicant proposes to construct a swimming pool with surrounding patio and additions. Remove a portion of the rear deck. Please refer to the attached survey, prepared by Nathan Taft Corwin III, ES., last dated January 13, ~011. Yes No Generated by a Two (2') Inch ~ oo Site'~ (ThiS item will include all run-off created by site cJeartrtg 8r~ltor cor~struc~an 8cttvllf~ as we~ as all Site Improvements end the pem~ne~t c~eallon of trnC~vio~s surfaces) 2 ooee ~ site Plan and/or Sur~ey Show AJI Proposed Drainage Structures Indicating Size & Localion~ This Item shell Inctude all Pco~ased ~ Changes and Slopes Controlling Surface Water Flow 3 Does ~ Site Plan and/or Survey describe the erosio~ (5,000 S.F) Square Feet Of C-co,nd Surface? S~e? Is ~is P~ ~n ~e tmsl~ ju~i~n ~ ~in One Hu~ (1~') f~ of a We~ ~ ~? 7 Wdl ~re ~ Site ~epa~ ~ E~s~ Grade ~i~ Ex~ Fi~n (15) f~t ~ Ve~l Rise lo ~ Hu~ (1~') of ~1 Dis~? 8 ~1 ~, P~ ~s ~ ~ Imps Suda~s ~ Sl~ ~ Oir~ ~Wat~ Run-~ into a~ ~ ~ di~ ~ a T~ ~ht~f-~y~ 9 ~ll ~ls P~ R~uim ~ ~t of ~al, R~al ~ V~ a~ ~ ~ ~ any SWATE OF NEW YORK, SUFFOLK COUNTY OF .......................................... SS BRUCE A. ANDERSON @ SUFFOLK LN.y. LR.p...N...M..LN.7...&..C.9..N..S...U. ..... AGENT And that he/she is the make aJ;d file this application; that all stalements contained in this application are true to tile ix-si o! his knoMedge and IR-lief: aud thai lhe ~ork will be pclJormcd itl tile nlanncl scl t}nlIl hi die application filed Ilerc~','ith Sv. oln ti) before znc tillS: Nolnrv I)uhlic' FORM - 06/10 C0mnl -I SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Ty~e of Instrument: DEED N~m~er of Pages: 4 Receipt N-~er : 10-0116930 TRANSFER TAX NUMBER: 10-05020 District: 1000 Deed~mount: Recorded: At: LIBER: PAGE: Section: Block: 071.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $1,800,000.00 10/05/2010 04:30:19 PM D00012639 472 Lot: 004.000 Received the Following Fees For Above Instrument Exempt Page/Filing $20.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $5.00 NO RPT Transfer tax $7,200.00 NO Mansion Tax Comm. Pres $33,000.00 NO Fees Paid TRANSFER TAX NUMBER: 10-05020 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Exempt $20.00 NO $15.00 NO $125.00 NO $0.00 NO $30.00 NO $18,000.00 NO $58,430.00 JUDITH A. PASCALE County Clerk, Suffolk County 'Number of pages TORRENS Seria} # Certificate # Prior Cfi. # Deed / Mortgage Tax Stamp I Recording / Filing Stamps 31 FEES Page / Filing Fee ,~e~ 0 Handling ~ O0 TP-584 Notation EA-521 ? (County) pA-5217 (State) Comm. of Ed. Certified Cop~ '~eg. Copy v Other Prope~ Tax Se~ Agenc), Verification- - ~"' -- Sub Total 5.00 Sub Tntal O. dTo,a, I I I 10021824 looo o~xoo 0200 004000 004.000 '1 Satisfaction/Discharges/Release List property Owners Mailing Address RECORD & RETURN TO: LYNNE GORDON, ESQ. WlCKHAM, BRESSLER, GORDON, GEASA 275 BROAD HOLLOW ROAD MELVILLE, NY 11747 Morlgage Amt. 1. Basic Tax 2. Additions} Tax Sub Tots} Spec. / Assit. or Spec. / Add. TOT. MTG. TAX Dual Town Dual County Held for Appointment -- Transfer Tax '-7~ff Mansion Tax The property covered by this motgage is or will be improved by a one or two family dwelling only. YES/ orNO If NO. see appropriate tax clause on page #.__ of this inslrument. Communlt~' Preservation Fund :onsideration Amount $1.800.000 CPF Tax Due $ 33.000 Improved Vacant Land TO ? ID ID Title Company Information Co. Name A(~UEBOGUE ABSTRACT tie # A~-10-8-1684 Suffolk County Recording & Endorsement Page This page forms part of the attached DEED ROBERT ~TICKLE EMERENCE STICKLE ux TO JAMES BLACKLE¥ KATHLEEN BLACKLEY ux (SPECIFY TYPE OF INSTRUMENT) The premisis herein is situated in SUFFOLK COUNTY. NEW YORK. In lhe Township of SOUTHOLD In the VILLAGE or HAMLETof SOUTHOLD made by: BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILINC~ (over) If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact)'our local Town T ax Receiver $o that you may be biffed dlr ectly for alt future property tax statements. Loca~ property taxes are payable t~vice a year: on or before January 10~ and on or before May 31.. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment, Babylon Town Receiver of Taxes 200 East Sunrise Highway North Undenhurst~ N.Y. 11757 (631) 957-3OO4 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead. N.Y. 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes One Independence Hill Farmingville, N.Y. 11738 (631) 451-9009 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton. N.Y. 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smlthtown, N.Y. t 1787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main 5treat Huntington, N.Y. 11743 Southampton Town Receiver of Taxes ~ 16 Hampton Road Southampton, N.Y. 11968 (631) 283-6514 IslipTown Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (631)224-5580 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 11971 (631 ) 76S- 1803 dw 2/99 S(ncerely, Judith A. Pascale Suffolk County Clerk NYCT: $7,200.00 DIST: 1000 SECT: 071.00 BLOCK: 02.00 LOT: 004.000 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the Z.f day of September .2010 BETWEEN ROBERT STICKLE and EMERENCE STICKLE, husband and wife, residing at 415 Harbor Lights Drive, Southold. NY 11971 party of the fimt par(, and JAMES BLACKLEY and KATHLEEN BLACKLEY, husband and wife. residing at 2457 Foxdale Avenue, Oceanside. NY 11572 party of the second par(, WITNESSETH, that the party of the first part, in consideration of ONE ($1.00) DOLLAR and other good and valuable consideration dollars paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the paAy of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, tying and being MORE FURTHER DESCRIBED IN SCHEDULE A A'i-FACH ED HERETO AND MADEA PART HEREOF. BEING and INTENDED TO BE the same promises conveyed to the GRANTORS herein by Deed dated 08/1811999 and recorded 08/3111999 in the Suffolk County Clerk's office at Lider 11986, Page 243. ALSO this Deed is correcting an error ~ocated in the description of the Deed in Liber 11986 cp 243. in the first course, said Deed incorrectly references the division line between Lot 46 and 47; whereas d should have referenced the d~lSlCn tine between Lot 45 and Lot 46. TOGETHER with all right, title and interesL if any, of the party of the flint part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part. the heirs or successors and assigns of the party of the second par( AND the paAy of the first par( covenants that the party of the first par( has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first padg in compliance with Section 13 of the Lien Law, covenants that the party of the first par( will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund ~ be applied first for the purpose of paying the cost of the improvement and will app,/the same first to the payment of the cost of the improvement before using any part of the total of the sen~ for any other purpose. The word "party' shall be construed as if it read 'parties' when ever the sense of this indenture so requi[es. IN WITNESS WHEREOF. the party of the first part has duly executed this deed the day and year first above wdtten. PRESENCE OF: EME]~Et~C E STICKLE ' Form 3290 TO.B_E USEO ONLY WHEN THE ACKNOWLEDGME~NT iS MADE iN NEW yORK STATE Onthe ~--¢~ dayof September inthe Onthe da¥of in the year 2009 · year 2010 before me, the undet~gnecl, personally appeared before me, the undersigned, personally appeared ROBERT STICKLE and EMERENCE STICKLE pees~nally knovm to me or proved to me on the basis of personally known to me or proved to me on the basis of salisfactory evidence to be the individual(s) whose name(s) is satisfactory evidence to be the individual(s) whose name(s) is (are} subscribed to the wlthin instrument end acknowledged to me (are) subscribed to the within inst rumenl and acknowledged to me that he/she/they executed the same in his/her/the/t capacity(les), that he/she/they executed the same in his.her/their capacity(fas), and that by his/her/their signature(s) on the instrumenl, the and that by his/ndrrtheir signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) individual(s), or the person upon behalf of v/nich the individual(s) acted, executed the instrument, acted, executed tnd instrument. NOTARY PUBLIC * STATE OF NEW YORK NO, 01ZA45t 7618 State (or Disttic~ of Cotumbie, Territory, or Foreign Counth/) of ss: On the day of in the year before me, the undersigned, pemonally appeared pe rsonal~y known to me or proved to me on the basis of satisfactory evidence to be the i ndivid ual(s) whoso na me (s) ~s (are) subscribed to the within thstru~tent and acknowledgnd to me It,at he/she/they executed the same in his/her/the~' cepa~ty0es), and that by his/hedtheir signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed U~e instrument, and that suc~l individual made such appearance before the undersigned in the (insert the Ci~/o~ other political subdivision) (and i~sert the State or Co~Jnthj or other place the acknowledgment was tel(eh) (signature end office of individual taking acknowledgment) BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Title No. AQI0S1684 ROBERT STICKLEand EMERENCE STICKLE, husband & wife TO JAMES BLACKLEY and KATHLEEN BLACKLEY, husband and wife SECTION 071.00 BLOCK 02.00 LOT 004.000 COUNTY of Suffolk STREET ADDRESS 415 Harbor Lights Ddve, Southold, NY onwealth Recorded at Request of ;OMMONWEALTH LAND TITLE INSURANCE COMPAN~ RETURN BY MAIL TO: Lynne M. Gordon, Esq. Wickham. Bressler, Gordon &Geasa, Esqs. 275 Broad Hollow Road Me)ville, NY 11747 RESERVE THI~ SPACE FOR USE OF RECORDING OFFICE AQUEBOGUE ABSTRACT CORP. SCHEDULE A TITLE NO: AQ-]0-S-1684' All thal certain plot piece or parcel of land with the buildings and improvements lhereon erecled situate lying and being in the Town of So~q~hold, County of Suffolk and Slate of New York, known and designated as Lot No. 4~,as shown or: a certain Map entitled, "Map of Harbor Light Estates, Section Two, Bayview, Town of Southold, Suffolk County, New York", made by Otto W. Van Tuyl & Son, Licensed Land Surveyors, Greenport, New York and filed in the Office of the Clerk of the County of Suffolk on July 26, 1966, as Map No. 4681, bounded and described as follows: BEGINNING at a point on the northerly side of Harbor Lighls Drive at the division line between Lot 46 and Lot 47, as shown on the aforementioned map, said point of beginning being north 25 degrees 54 minutes 50 seconds easl, ,50.00 feet from the comer formed by the intersection of lhe southerly side of Harbor Lights Drive and the westerly side of Windjammer Drive; RUNNING THENCE along the northerly side of Harbor Lights Drive, north 64 degrees 05 minutes 10 seconds west, 100.00 feet to the division lihe between Lot 45 and Lot 46, as shown on the aforementioned map; THENCE along said division line north 25 degrees 54 minutes 50 seconds east, 200.00 feet to Frederic and Harold Reese Park and Playground (Creek or Canal); THENCE along.said propert:~', south 64 degrees 05 minutes I0 seconds east, 100.00 feet to the division line between Lot 46 and Lot 47; THENCE along said division line south 25 degrees 54 minutes .50 seconds west, 200.00 feet to the northerly side of Harbor Lights Drive and the point or place of BEGINNING. FOR INFOR. I~ATION ONLY: DISTRICT: 1000 SECTION: O71.00 BLOCK: 02.00 LOT: 004.000 To~ FORM NO. 3 NOTICE OF DISAPPROVAL Suffolk Environmental for K & J Blackley P O Box 2003 Bridgehampton, NY 11932 DATE: January 19, 2011 Please take notice that your application dated January 19, 2011 For construction of an inground swimming pool at Location of property 415 Harbor Lights Drive, Somhold, NY County Tax Map No. 1000 Section71 Block2 Lot 4 Is returned herewith and disapproved on the following grounds: The proposed construction 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 adiacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." The site plan indicates a setback from the bulkhead of 54.7'. Also, the existing 8' X 12' shed is not permitted pursuant to Section 280-15, which states accessory structures shall be located in the rear yard. The existing shed is even with the attached decking, therefore in the side yard. Authorized Signature cOUNTY OF SUFFOLK (~) APPLICATION TO THE SOL'FHOLD TOWN BOARD OF APPEALS House No. +15 SWeet Harbor Lights Drive Hamlet Bayview SCTM 1000 Section. ov I Block oo Lot(s).. oo* Lot Size ~o,ooo sq.ft ~one R - *o 1 0NE),APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED January 19,~2Oll BASED ON SURV'EY/Sr]FE PLAN DATED January ls,~Oll (last revised) Applicant(s)lOwner(s): RATHLEEN,,, & JAMES BLACKLEY Mailing Addrwss: ~2~57 Foxdale Avenue; Oakdale, New York 11~7~2 Tclephone:(S16) ~88- 805~ Fax: - N/A Emaih N/A NOTE: In addition lo Ihe at}oven p~ease complete below if application ls signed by applicont's attorney, agent, a~tect, b~tldtr~ contract vende~ el~ and name of penon who age~l r~r~en~: Nnme of R~presentafive: Bruce A. Anderson (S~ffolh for ~ Owner ( )Other: Enwronmental Conszdting, Inc.) Ad.ess: P.O. Box ~oos; Brid~n, NY~ Telephone:.{~& 1) 5s7-316o, Fax: ~6~1) 537-5egl Email: suffolkenvironmental~otmail.com Ple~se chug to ~c~y ~vho ~u wi~corr~ndence to be mMled to, from the a~ve name: ( ) Appliean~Owner(sL (~ Au~or~ed Representative, ( ) Other Nam~ Address below: I~H IC. Rl~.llY TJ~ BUILDING INSPECTOR REVEEWED SURVEY/SITE PLAN DATED 3anuary }~, ~.o~) and DENIED AN APPLICATION DATED Jan. is, ~o~ ~ FOR: (v~ Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupanoy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: ............ Provision of the Zoning Ordinance Appealed. (indicate Artlch~, Section, Subsection of Zoning Ordinance b~ numbers. Do not quote the code.) Article: XXIIl Section: ~28o Subsection: 116 (pool) & 15 (shed) Type of A}zp~ai. An Appeal is made for: 60 A Variance to the Zouiug Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ( ) has,~as not been made at any time with re~pec~ ~0 tl~sproo~rtV. UNDER Appeal No(s). ~ Year(s). J .' (PIe°';e be :ute to rezearc~ before completing ~lli~ que:rtion or call our officeJ~r as~iztance) Name of Owner: ZBA File g [^ L~C~7 REA~O..IN~. FOR APPEAL £additio~tal sheets maF be used ~ith prepar~'s ~i~nature~: ~RE~ V~RI~NC~' REASONS: (1) An undes~able change w~ll not be pr0du~d in the C~CTER of the neigh~ood or a de~imen~ to nearby prope~es tf granted, b~au~: LEA E REFER to thc Aq TACtIED ADDENI)[ M. (2) The ~eflt ~ught by ~e applicant C~OT be achieved by ~me me~hod feasible for the appH~nt to pa~ o~er than an ar~ va~nea, becau~: (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 enx~ronmental conditions in the neighborhood or district because: ($) Has the alleged difficulty been self-created? ( )Yes, or ( )No. Are there Covenants and Restrictions concerning this land: L] No. ii Yes {fL~v~rn/~&~a_gy.3 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 tldz box ( ) 11; A USE VAmANCE ]'S BE~NG REQIJESTEI~ /Dy~4D PLEASE COMPLETE THE /t~cl-~amre of"J~ppellant or Authorized Agent Sworn to before me this 2/~'r- (Ag~nll ma S~ submll ~-iaen Allthor~z~a/iol~ from O~ n er) Mat/hew D, Ivans Notary Public of N~w Yore N'o 01[V6053859 Oualified in Suflo]k County / Commission Expires January 22, 21)1~' Application by: ,, Office Notes: Assigned Application No. N/A Pad B: REASONS FOR USE VARIANCE (if requestec~: For Each and Every Pemn~ited Use under the Zoning Regulations for the Padicular Dislflct Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permifled use under the zoning regulations for the pmticula~ district where the properly is located, demonstrated by competenl financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating to the properly is unique because: 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: 4. The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not been self.created because: 6. This Is the minimum relief necessary, while at the same time preserving and prolecling the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate shee! If necessa~.) 7. The spirit of the ordinance wTll be observed, public safety and welfare will be secured, and substantial Justice will be dane because: (Please explain on a separale sheel if necessary.) ( ) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the slanature and notar~ area below. Sworn to before me this day of .................... 200_. Signature of Appellant or Authorized Agent (Agent must submit Authorization from Owner) (Nala~' Public) z~^ ~p 9~emz AGRICULTURAL DATA STATEMENT ZON G BOAR OF TOWN OF SOUTaOLD N/A ~HEN TO USE THIS ~0~: The form re:tat be comple~ by ~e ap~icant for anj, special ~ per~g s~e p~n approml, ~e va~n~ or s~di~ion approval o~ prope~ ~th~ $~0 f~t p~a f~m o~r~on leered in a~ic~mrai d~et ~1l ~ns requ~g an agrie~u~l data ~m~t m~t be ref~red't~ ~e ~ffMk :Conn~ De~ent of Planning in accqrdanee w~h Set, OhS 239- ' m.aA~ 2~9-n of ~e G~eral Munici~l L~. 1) Name of Applicant; 2) Add~ of Applicam: 3) Name-of Land Owner (ff0ther than applicant): 4) ~Cddi~ss o£L~qd Owner; ' .. · 5) Description of. Proposed pxo?Ct: 6) Looation Of Property (road and tax map number): 7) Is-the parcel .within an agricultaral distcici? I~No I~ Ye, s If yes, Agricultural District Numb~ 8) Is this parccl actively fam~ed? 9) Nan~e and address of any owner(s) of land within the agrk:ultural district containing active farm operation(si'located 500 feet of thc boundar~ of the proposed project; (Information may be available through thc Tbwn Assessors Office. Town Hall loc. a~ion (765-1937) or fi-om any public computer at the Town Hall location~ by viewing thc parcel numbers on th~ Town of Southold IZeal Property Taxx Syztcm. · ~am¢ and Address · (PlCaScoT~.cbacksi&ofpag¢{fmorethansixpropcrtyowncrsareidenfific~L) The lot numbers may be obtained, in advance, ,~hen r~quested fi.om either the Office of the plamaing Board at -765-1938 or the Zoning Board of Appeals at 765~1809. ! ! ? signature of Apphcant Date Not< I. The local board will Solicit cccnme~)ts from the owners of land identified abo~e iii orck:r to consider the effect of the p~oposed actio'~ on ~eir fan~ op~rafior~ Solicitation will be made by supplying a e~)y of~ia statement'. · ' 2. Comments returned to ~¢ local board will be taken into consideration as pa~t of~e overall reyi=w of this application. 3. Copie$ ·of the completed A&ricuhural Data Statement shall be sent by applicant and/of the ¢1¢dc of the boa~d to the property ovmecs ide~atified above, The cost for mailing shall be paid by the applie~, nt at the ti~¢.)he application is submittec] for review, Failu?e to pay at such time mi:aris th= application is neT compi=t¢ and cannel be acted upon by Ih= board. 1-14-09 Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Bruce A Anderson @ Envtronmental Consulting, Inc. Date Prepared: January Lt 1, c2011 I. For Demolition of Existing Building Areas Please describe areas being removed: N/A H. blew Construction Areas (New Dwelling or New Additiom~Extensinns): Dimensions of first floor extension: Dim~msions of new second floor: ]~]A Dimensions of floor above second level: Height (from finished ground to top of ridge): ,, Iz basement or lowest floor area being comtruetecl? If yes, please provide height (above ground) measured from natural existing grade to first floor:. III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet ifnece~ry) - Please deseffbe building areas: Nmnb~r of Floors and General Characteristics BEFORE Alteratiom: Please refer to the attached Addendum. Namber of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from sm'veyor): Existing square footage of buildings on your property: 3, $53 square feet + Proposed increase of building coverage: 5o 1 o sq. ft. +_~ (dining extension, swimming pool) Square footage of your lot: ~o, ooo sq. ft. + Percentage of coverage of your lot by building area: 16.8 % exis'ffng vs. ~o~prop-6'~ed 'v'. Purpose of New Construction: For u~ZELEos? ,of this application, contra propo~gumte sxwmmmg pool, and legalization of a detached fi'amc shed. VI. Please describe ~e land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relate~ to the difficulty in meetit~ the code reouirement(s~: The tovography of the property is characteristically flat. The property is improved with a lawfully existing single family dwelling, garage, various decking and walkways, driveway, bulkheading and dockage. The grounds are improved with lawn and typical residential landscaping Difficulties in meeting the code requirements include for the inability of placing a typical residential swimrmng pool outside of 750' from the bulkhead due to the location of the lawfully existing dwelling, the lawfully existing sanitary system, the prohibition of placing accessory structures within a front or side yard, etc.. 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 PROJECT DESCRIPTION ADDENDUM for the BLACKL£YApplication Situate: 415 Harbor Lights Drive; Bayview; Town of Southold, New York SCTM#: 1000-071- For purposes of the attached Town of Southold Zoning Board of Appeals Application, applicant proposes to perform the following within subject property: (1) Construct a Swimming Pool containing 600 square feet, located 5'~.7' from the existing timber bulkhead and 1~.0' from the westerly side yard property boundary; and (~) Legalization of a detached Frame Shed containing 96 square feet, located 89.0' from the existing timber bulkhead and 6.1' from the westerly side yard property. QUESTIONNAIRE FOR FILING WYI'H YOIJR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes X No Arc there any proposals to change or alter land contour? X No Yes, please explain on attached sheet. 1 .) Are them areas that contain sand or wetland gra,ssgs? No. 2.) Are ~os'~ areas shown on thc survey subtmtted with this application. N/A 3.) Is the p~operty bulk headed betwee~ the wetlands area and the upland building area? Yes. 4.) If your property contains wetlands or pond areas, Ilave you contacted the Office of the Town trustees for its determination ofjurisdictien? Yes. Please confirm status of your inquiry or application with th~ Trustees: Approved· and if issued, please attach copies of permit with conditions and approved survey. .D. I~ there a depress/on or sloping *levati0n near the area of proposed construction at or below five fcct above mcan sea level? ' No. Are there any patios, concrete barrier-s, bulkheads or fences that exist that are. not shown on the survey that you are submitting?_ No. Please show area of the sl:'ucturea on a diagram if any exist. Or state none on the above line. I~_ you hav~ any consh-ucti0n taking place at this time concerning your premise.s? No. Ill, cs, please submit a copy of your building permit and SUrvgy as approved by the Building Department and please describe: Plea.ag attach all pre-certificates of occupancy and certificates of occupancy for the subject premises., if any arc lacking, please apply,to the Building Department to either obtain them or to obtain aa Amended Notice of DisapprovaI. Do you or any co-owner also own other land adjoining or close to this parcel? No. If yea, plea.~ label 'the proximity of}our lands on your survey, Please tia present'use or qpemtions conducted at this parcel Residential Use and the proposal u~ __ Residential Use · (es; exisl~lg stllgle farri/ly, ix-opOs~: sa~ne wifl3 garage, pool APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM Town of Southold's Cod~ ofE~hlc~ rtrohihits c~nfliets of iale~it on the mar~ oft~ o~ ~ ~p~p~ of f~ ~ lo ~vide inf~~ ~o~ of ~bk confl~s ofin~e~t ~d n)~ it to ~ w~ ~ i$ vo~: Bruce A. Anderson (~ Suflblk Environmental Consultina. Inc ~n~ *~ ~ o~ ~fi~, ~ ~ a ~y, If ~, ~e ~ ~ T~x gflevan¢~ Building Vsdanee ........ 'Tm~..* Change of Zm~ ................ C~ml E~ion ~al ofplat ,, , M~in8 E~on ~ ~al ~ offi~ ~ Pl~ng ~r ~ yo~ ~lly (or ~ yo~ ~mpmy~ ~ ~i~i~ ~l, o r Incl~g · p~, ~ ~i~ fi* ~a offi~r or ~pJ~ has ~ a pa~l o~ 0l,(or YES NO Il'you auswcmd"YES", complete the balance oFthis roma ami d*te a~d sign ~ indicated, N~me 0fp~ employed by ~ To~ of So~d Title or ~sMo~ of~ ~ ~ ~ ~hlp ~tw~ yo~f (~e ~i~ffa~U~lativ~) and thc ~ officer or emOoyce~ Ei~r check · ~e m~ Offi~ ~ ~ ~ his ~ ~.A) ~ ~ of~ ~ 5% of~ s~ of~ ~* ~ of ~e a~i~t . .__._~B) ~ I~ ~ ~fi~ ~ of~y in~ in a ~omc ~ (~m the DF, S CKI PTION OF RELATIONSHIP Form TS 1 OWNER'S ENDORSEMENT (TO BE SIGNED IF APPLICANT IS NOT OWNER) STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: KATI-I!,~,EN & JAMES BLACKLEY being duly sworn, depose and say; We reside at: 2457 Foxdale Avenue; Oceanside In the County of Nassau and the state of New York , and We are the (owners in .fee) (officer/agent of the Corporation which is owner in fee) of the premises described in the foregoing application and that we have authorized. SUFFOLK ENVIRONMENTAL CONSULTING~ INC. to make the foregoing application as described herein. LOREEN M. GOHEN If Corporation, name of corporation and Officer Before me, this '7 day of e /e vhe-7- ,2o o Officer's Title TOWN of SOUTHOLD ZONING BOARD of APPEALS ADDENDUM regarding the IILAUKLEY Situate: 415 Harbor Lights Drive; Bayview; Town of Southold, New York SCTM#: lOOO o71-o~ 004 AREA VARIANCE REASON~$? (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: Referring to the attached aerial photograph, please note the property located to the south, directly across Harbor Lights Drive, the adjacent property to the west and the following property to the west are all improved with similar residential swimming pools. These swimming pools have been in-place and in-use for over ten (10) years without resulting in any change in the character of the neighborhood or detriment to nearby properties, including the Blackley property. Additionally, the proposed swimming pool will be substantially screened from the surrounding neighborhood by existing landscaping, fencing and the actual dwelling. Furthermore, the proposed swimming pool will be proposed at grade, further decreasing its visibility from the surrounding neighborhood. Consequently, we do not anticipate that this proposal will create a detriment to nearby properties. With respect to the existing frame shed, this structure is a typical residential appurtenance for storage of lawn & gardening equipment, and has existed hereon for the past five (5) years without resulting in any form of change in the character of the neighborhood or detriment to nearby properties. Additionally, the existing shed is also substantially screened by existing landscaping, fencing and the existing dwelling itself. (~2) The benefit sought by the applicant CANNOT be achieved by some method feasible fbr the application to pursue, other than an area variance, because: With respect to the proposed swimming pool, due to the pre-existing/non-conforming nature of the property in terms of size, opportunity to place any accessory structure within the rear yard is substantially limited from the north by the 75.0' setback required from both the wetlands boundary and the existing bulkhead, and from the south by the location of the actual dwelling and decking. Relocation of the proposed swimming pool into a designated side yard, if possible, would result in further non-conformity with respect to zoning. Relocation of the proposed swimming pool into the front yard would be permissible as per § e80-15 (F), however, it would not be able to meet the required front yard setback of 50.0'. Consequently, the applicant requests a variance of ~0.5' for the construction of a proposed swimming pool located 54.7' from the existing bulkhead. With respect to the existing frame shed, this structure has existed harmoniously within this site for over five (5) years without any form of detriment to this property or surrotmding properties. The applicant requests a variance of $.9' for the existing shed located 6.1' from the side yard property. (3) The amount of relief requested is not substantial because: With respect to the proposed swimming pool. the variance requested amounts to only ~7% of the required setback and which can be represented as being non-substantial. Please note that the existing swimming pool located two (~) properties to the west is situated 5~.0' from a bulkhead and was permitted via Town of Southold Zoning Board of Appeals Determination No. ~685 on May 10, 1999. To date, this swimming pool has existed harmoniously within this property without resulting in any form of detrimental impact to surrounding properties. In that our requested relief is slightly less, we believe that this variance is non-substantial. With respect to the existing shed, this structure has existed hereon for the past five (5) years without any apparent detrimental impact to the surrounding neighborhood due to its minor size and use, as well as it being visually screened from all surrounding neighbors. The shed is situated at 6.1' from the side yard property botmdary, where 10.0' is required. Consequently, relief of only 8.9' is requested, which is slightly less than the width of the shed itself. Consequently, we believe that this variance is non-substantial. (+) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Again, referring to the attached aerial photograph, please note the property located to the south, directly across Harbor Lights Drive, the adjacent property to the west and the following property to the west are all improved with similar residential swimming pools. These swimming pools have been in-place and in-use for over ten (10) years without resulting in any form of negative impact to the surrounding area, including the Blackley property. Additionally, please note that this project benefits from a New York State Department of Environmental Conservation (NYSDEC) Permit, and will be issued a wetlands permit from thc Town of Southold Board of Trustees. Accordingly, the granting of this variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. With respect to the existing frame shed, this structure also benefits NYSDEC approval, and meets the required 75.0' setback from the wetlands boundary, as required by the Town of Southold Board of Trustees. Consequently, the granting of this variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. (5) Has the alleged difficulty been self-created? ( ) Yes, or ( X ) No. No. The property is pre-existing/non-conforming with respect to size, and the area of conforming build-ability within the designated rear yard is extremely limited due to the location of the existing bulkhead with respect to the existing dwelling. Consequently, this difficulty has not been self-created. Are there Covenants and Restrictions concerning this land: ( X ) No. ( ) Yes ~lease 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 welfhre of the community. SURVEY OF LOT 46 MAP OF HARBOR LIGHTS ESTATES SECTION T~'O FILE No. 4681 FILED JULY 26, 1966 SITUATE BAYVIEW TOWN OF' $OUYHOLO SUFFOLK COUNTY, NEW YORK S.C. TAX No, 1000-71-02-04 SCALE 1"=20' AUGUST 11, 1998 SEPTEMBER 5, 1998 ADDED PLOT PLAN OCTOBER 51, 1998 REVISED PLOT PLAN NOV, 19, 1998 REVISED SEPTIC SYS. LOCATION DEC, 8, 1998 REVISED PROP. HOUSE MAY 17, 1999 REVISED PROP. SEPTIC SYS. JAN. 19, 2000 REVISED PROP. GRADES FEB. 17, 2000 ADDED ROW OF HAY BALES & BUFFER MAY 8, 2000 FOUNDATION LOCATION DECEMBER 9, 2000 FINAL SURVEY JUNE 25, 2010 UPDATE SURVEY NOVEMBER 17, 2010 ADDED PROPOSED POOL & PATIO JANUARY 5, 2011 REVISED SITE PLAN JANUARY 15, 2011 REVISED PROPOSED POOL AREA = 20,000 sq. ff. 0.459 ac. CERTIFIED TO: JAMES 8LACKLEY KATHY BLACKLEY ~ECEIV~:D BOARD OB AppEALS / / ~/ / / ~/ / / / / / / / / / FEB 2 3 2011 EXISTING LOT COVERAGE DESCRIPTION AREA ~{ LOT COVERAG~ HOUSE 2,625 sq. fl, 1~.1~ SHED 96 sq. f1, 0.5~ SPA ON CONC. PAD 57 sq. ft. 0.3~ DECKS 575 sq. ft. 2.9% TOTAL 5,553 sq. fl. 16.8% PROPOSED LOT COVERAGE DESCRIPTION AREA · LOT COVERAGE HOUSE 2,625 sq. ft. 13.1~ SHED g6 sq, f,, 0.5% SPA ON CONC. PAD 57 sq. fl. 0.3% DECKS & STEPS 412 sq. ff. 2.1% DINING EXTENSION 64 sq. fi. 0.5~ POOL 600 sq. f1, TOTAL 3,854 sq. ft. 19.3~ THE EXISTENCE OF RIGHTS OF WAY Nathan Taft Corw n III Land Surveyor Successor To: Stonley J. Isakssn. Jr. L.S. Joseph A. Ingegno LS. PHONE (651)727-20g0 Fax (631)727-1727