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HomeMy WebLinkAbout1000-1.-2-11 OVFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Town of Southold Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: August 24, 2011 Re: Coastal Consistency Review~for ZBA File Ref MICHAEL and SUSAN JEFFRIES #6498 SCTM#1000-1-2-11 Request for Variance from Art. XXII Section 280-116A(1) and the Building Inspector's July 7, 2011 Notice of Disapproval based on an application for building permit construct a retaining wall, at; 1 ) less than 100 foot setback from top of bluff ( this is a deviation from the prior ZBA decision #6167), located at: East End Road (adj. to Block Island Sound) Fishers Island, NY. SCTM#1000-1-2-11 The proposed structure is not located within the CEHA. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP Cc: Jennifer Andaloro, Assistant Town Attorney Office Location: Town Annex/First Hoor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 July 14, 2011 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6498 JEFFRIES, M. & S. 1000-1 .-2-11 Dear Mark: We have received an application for construction of a retaining wall, bluff setback. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Encls. Leslie K. Weisman Charon ~ SOUND ? NOT,CE ~ COUNTY OF SUFFOLK © '( '~- ~-'-~ '""~ SOUTHOLD m,E~,,~.~rE,,~s,L~, I,~.~.'~'~Real Pr~fy lax Service Agency~~'~ ~,~ SECTION NO O01 TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL DATE: 07/07/11 TO: Pat Moore for M & S Jcffries 51020 Main Rd. S0uthold, NY 11971 Please take notlee that your application dated June 23,2011 For permit to construct a retaining wall at Location of property: East End Rd.. Fishers Is. County Tax Map No. 1000 - Section 1 Block 2 Lot 1 Is returned herewith mid disapproved on the following grounds: The site vlan indicates a vrooosed retainin~ wall at 38'4" from the top of bluff. The proposed construction is ~ deviation from the ZBA decision #6167 which g~anted relief from Article XXII. Section 280:116_A(I ), & permi.t!.e_d...a..[.e..t..a.i.n_'.m.g...w..a_l!...4..5_.~.'_.~gm the top .o...f..t.b..e...b...I..u.~_ Author~ed Signature CC: file, ZBA. Note to Applicant: Any change or deviation to the above referenced application, may requlre further review by the Southold Town Building Department. ~ UWJ31 UI* ;SIJU'I'H. OLD BUILDING DEPARTMENT TOWN HALL SOUTItOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork, net/Southold/ Examined 20 Approved ,20 Disapproved a/c Expiration =, 20 PERMIT NO. BUILDING PERMIT APPLICATION CHECKLI! Do you have or need the following, before applyin Board of Health 4 sets of Building Plans Planning Board approval Smvey Check Septic Form Trustees Contact: Mail to: Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS Phone: ,20 a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance ora Building Permit pursuant to the Building Zone Ordinance of the Town of Southold Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for ' ' . applicant agreeslt~"~y ~it~ll ~pl~ca~ authorized insplt~n premises an--d-ih ~U,l~I~ ions, or alterations or for removal or demolition as herein described. The ordinances, building code, housing coOe_,_al~ regulations and to admit ~r necessary inspections. gignature of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises ~-~c'~c~ r~ ~ ,rlq t c,Ode/ J_J~-~ ~;,zr~/~.~ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders LicenseNo. Plumbers LicenseNo. Electricians LicenseNo. Other Tmde% License No. 1. Location of land on which proposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section~/ Block ~_ Lot / Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use and ocanpancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (cheek which applicable): New BuildinK Addition Alteration Repair Removal Demolition OtherWork ~ ~ ,6'~-~,~l;x_ ~cJ,~a (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units / Number of dwelling units on each floor ~ If garage, number of cars 6. If business, commereial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions ofexisling structures, if any: Front Rear Depth__ Height Number of Stories Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories Rear 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO__ 13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. I7. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF~-~/~ ) /~/ /~/~/M~. being duly swam, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He (Contractor, Agent, C¢'porate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application: that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. S'b,~rn t? b,fore me this r - ) ~ J ~day of ..~, t~x~' "/ 20. It ~/ B~Y ~ PER,N8 " '~ N~ Pubic, Sta~ of New York No. 01PE6130~6 Quailed In Suffolk Coun~ ~. Commission Expires July 18,~z Signature of Applicant IFee: $ -- Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS I House No. Street Private Road Hamlet Fishers Island SCTM 1000 Section. 1 Block 2 Lot(s)_ 11 Lot Size-- 95,832 Zone R-120 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED . '~ / 7 ! I l BASED ON SURVEY/SITE PLAN DATED June 13,2011 Applicant(s)/Owner(s):. Michael & Susan Jeffries Mailing Address: 212 Park Avenue, New York, NY Telephone: c/o Pat Moore 7675-4330 Fax #: 765-4643 Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( x ) Owner, or ( ) Other: Agent's Address: 51020 Main Road, Southold NY 11971 Telephone 631-765-4330 Fax #: 765-4643 Email: _pcmooorel(&~optonline. net Please check box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 6/13/11 and DENIED AN APPLICATION DATED 6/23/11 FOR: F~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXII Section 280- 116 A (1) Subsection Type of Appeal. An Appeal is made for: E A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section __ [] Reversal or Other_ A prior appeal E has, [~ has not been ~nade at any time with respect to this property~ UNDER Appeal No. 5924 Year 06 and Appeal No 6167_ 9/4/08. (Please be sure to research before completing this question or call our office for assistance.) REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The property fronts Block Island Sound. The property slopes toward the top of the bluff. The landscape Architects have designed a lower terrace (retaining wall) which will hold boxwood shrubs to screen the pool fence. The top of the bank runs along the east side of the property. The pool is set back 56.6 feet from the top of the bank at it's closest point. The ZBA had approved a terrace wall (landscape feature) around the pool to retain the land due to the natural slopes of the property. The terrace (upper brick retaining wall) was approved at 45.6 feet from the top of the bank, the proposed lower wall is at 38' 4" to the top of the bank. The terrace will retain the water runoff and provided added protection for the top of the bank. The bank is a natural heavily vegetated slope with no evidence of erosion. The toe of the slope is protected by stones and large boulders. The cross section of the wall and landscaping is provided (see Drawings el 4, 5, 6 and Sec 1) (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The grade difference between the pool patio and the back yard has a significant grade change, a drop of 6 to 7 feet. In order to minimize the drop, the second retaining wall is proposed which will create a space for a boxwood hedge and guard rail at midway of the drop. The lower wall is part of the pool fence enclosure. The retaining walls will be covered with ivy. The alternative to the significant grade drop is regrading with fill which no wants and the soil may be unstable without a retaining wall. The ZBA approved the upper wall, the guard rail and fence would appear as a 10' visual obstruction from the water side of the property. The additional retaining wall, ivy and shrubs soften the appearance. (3) The amount of relief requested is not substantial because: The retaining wall is a minimal structure used to maintain the grades of the property. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The slope is stable, all water runoff is captured by dry wells. The retaining wall will be covered with ivy and reduce the amount of grading which would otherwise be required. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X )No. The setbacks of the original house and the dimensions of the property pre-date the regulations. Are there Covenants and Restrictions concerning this land: E No. [3 Yes (please furnish copy). 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 REQUESTE~,~D-~I~ASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attor~eyO // Sig~tt~r'~of Appellant or Authorized Agent Sworn to, before me this; f day, of ~, ] ~ ,20__~_. (Agent must submit written Authorization from Owner) BETSY A. PERKINS Notary Public, State of New Yo~k No. 01 PE6130636 Qualified in Suffolk County_ ~ Commission Expires July 18, 2-~z"~ ~ Gerar~ Chairwcn~ao a s ~eism~ ~09~ "~ain R, 'own ~'iai, http:// T°~4- ~e r11971'~1179 ~0~,. tholatow~ 54375 ~. . /FJ~t ~ ~: '~ ~OA ~ '"nO~fork _ '~n _ ~UCatio~. LVnChael~ ~OF~,~.'~AND_ ~C ~n~ o, Of Actio~n~tio0 ~Zonioo ~ end and ~. ~ l~Ty ~ "*' Witho,,~'.'u ~et¢~, ~oard . '.Oney pn~ lM 1-2, i~F ~ ~/u3 ~r~'~'u ts i~n.~ ~PPli~, , ' ',uer the ~ PrOpe~,. ~Oed ~Ll~ ~ ~ ~Pared ~ ~'~ved ~i,~''ts 95o~ ~ YPe p "~ ~7?~truct/~o' 116) Zt~eO~ro¢~e¢ On an-,. ~c'ates E-~'- rt. Sino)~y~t POrce, . ~,u~ond ~,~ (aRer ~,~ 1On ~"' on ~t;cont~. "gtneeri~ ~'romiN ~ ' ts Ioca~ - et a hein~e~olitio['~2 (2802~rch 6 ~equest fn- ug ~ Loo~Welling ~7d o,. ex~- .. of th '14) fn UO5, ~ "~ a b.', * oU~_, ~o Sho- '~' T~ ~de lira ~ UOildin~ Uns t~ Poi 1o L''m, th~ ~ · t/~'~ ZOnin. ~ 'mttation Oil( *ill be",~t the i~';~OOS c~iZUilding I~- ; "'~ ~o~ OOar~ n~. ~. 'tWo an~ '~ss th=~ ~OOn ~ "~g ~ec~; '~PeCtor ,nSpe~; ~. and ~ ~'~Pp~. ~Ol~ ~ One.h=~"' 100 ~_ ~' the ~ -Ohs and r~°n of th~ vral e~i~ts held- ~OF c~ _~,, Storie~ '~et %m ,[,ew ~evant: ~ Pr°pe~~nce We. ~ PUblic h~_. ~ ~. '" me top A~ -v, and o'~re PresenTea~ng o- --, ut the ~fa~P ~ 4On/no ~ ~t/ test/m_. Uctob ~/~~ U~Iiz~: Th~ -o me fOllny'yentetin~~, et Whi~ ' ~SUred a;'~ Dloff Of ~ Plan Sh~ Pa~s of ~ aPPlip~-. '~wtng fe~'' Perso~'~ r~OD> 'USest p.~yUtheast _ur 1 ~ren~tsting fo~t~o to s,,~ oe true ~ffxisti~8) ,, ' --,un l/vi. ./ng, =.~ ~c/ates ~"~s r~ ~rOct th~. o~'~ '. ~ ~~p _ "g r~ -,~a +/-5p ' mens- · ~queste. ',~/r '°/d ~~ u~~o._ '" eXten~; ~ feet frn uO~g +/. ~u ere -.~ o~~~~NA ~, -,on, ~m the . o~ fee~ *op o'- ' ' ~eviteliz~[. Wate~/2uer of ~h'uundatio~~"cant~ ~ ota~dards , Page 2 - November 30, 2006 t ZB File No. 5924 - Michael and Su~ll~Jeffries CTM No. 1000-1-2-11 set back be a minimum of 100 feet from the top of the bluff. The applicants' engineering firm, CME Associates, submitted information using a 1959 topographical survey of the area prepared by Chandler & Palmer, Engineers, indicating the erosion rate to be an average of between 4 and 5 inches per year, and finding the steep bank very stable and well vegetated with no areas subject to erosion. Grant of variance relief in this vadance application is similar to, or landward of, the existing nonconforming setbacks of the applicants' dwelling. The applicant will provide drywells for roof drainage in accordance with LWRP standards and/or as approved by the Town of Southold Board of Trustees. The new reconstruction areas will utilize sections of the existing foundation which are nonconforming under the Zoning regulations, and the bluff will be protected with hay bales, mature trees, nearby drywells away from the bluff, and substantial landscaping. SUFFOLK COUNTY ADMINISTRATIVE CODE REFERRAL: This application was referred to the Suffolk County Department of Planning under the provisions of the Suffolk County Administrative Code, Sections A14-14 to 23, and the November 8, 2006 reply states that the Suffolk County Department of Planning considered this matter for local determination, as there appears to be no significant county-wide or inter-community impact. REASONS FOR BOARD ACTION: On the basis of testimony presented materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change ~n the character of the neighborhood or a detriment to nearby properties. The applicants have submitted a substantial landscape design plan which protects the bluff areas and provides screening for the new construction (dwelling) from view by adjacent neighbors and the adjacent property (also owned by the applicants). In addition, the applicants will provide several drywells to properly retain water runoff, preventing runoff onto the bluff or adjacent neighboring lands. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance due to the shape and topography of the land as a limiting factor, and established mature trees and gardens, when choosing either the location of any addition to the existing dwelling or construction of a new dwelling. 3. The variance granted herein is substantial. 4. The difficulty has been self-created. The setback from the bluff was established after the lot was created. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of reconstruction with additions, after substantially demolishing the existing dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Weisman, and duly carried, to Page 3 - November 30, 2006 I ZB File No. 5924 - Michael and Su~J~'Jeffdes CTM No. 1000-1-2-11 GRANT the variance as applied for, as shown on the Conceptual Landscape Design Plan dated 6/28/2006 prepared by Edward D. Hollander Landscape Architect Design, P.C., longitudinal section dated September 12, 2006 prepared by Anderson Architects, P.C., and 5/23/2006 diagrams prepared by CME Associates. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Cede, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-~-~ ~ ~ Ruth D, Oliva, Chairwoman 12/f ( 106 Approved for Filing APPEALS BOARD MEMBERS Gerard E Goehringer. Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://somholdl.own.norlhforkmct ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Mailing Address: Southold Town Hall 53095 Main Road ° EO. Box 1179 Southold. NY 11971 d)959 Office Location_: Town Annex/First Floor, Norlh Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 MEETING HELD SEPTEMBER 4, 2008 ZBA # 6167 - MICHAEL and SUSAN ,JEFFRIES, Applicants Location of Property: East End goad, Fishers Island CTM 1000-1-2-11 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated June 24, 2008 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP CODE DETERMINATION: A letter was received from the LWRP Coordinator concerning reasons for inconsistency of this project under Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards, since the set back of tho proposed swimming pool will not be a minimum of 100 feet from the top of the bluff. Under ZBA File # 5924 dated 11/30/06, it is noted that the applicants' engineering firm, CME Associates, submitted information using a 1959 topographical survey of the area prepared by Chandler & Palmer, Engineers, indicating the erosion rate to be an average of between 4 and 5 inches per year, and finding the steep bank very stable and well vegetated with no areas subject to erosion. The applicants also will provide drywells for drainage in accordance with LWRP standards and/or as approved by the Town of Southold Board of Trustees. Also, the bluff will be protected with hay bales, mature trees, nearby drywells away from the bluff, and substantial landscaping. The property fronts along the bluff and high water of Block Island Sound. The top of the bank runs along the east side of the property and the new house is 52 feet, at its closest point from the top of a bank. The proposed swimming pool is set back further from the top Page 2 September 4, 2008 ZBA #6167 - Michael And Susan Jeffr/es, Applicants CTM 1000'1'2'11 of the bank than the house. The pool is proposed to be set back 56.6 feet from the top of a bank at its closest point and a small terrace wall is proposed around the proposed pool to retain the natural slope of the property. The terrace, a low brick retaining wall, is proposed 45.6 feet from the top of the bank. The terrace, and landscaping with drywells to retain water also adds protection to the top of the bank. The bank and adjacent land slopes consist of a natural, heavily vegetated slope with no evidence of erosion. The toe of the slope is protected by stones and large boulders. Information was submitted by the applicant and her agent stating that the proposed location of the pool was given careful study by their engineer allowing the pool setback to be in this location, to maximize the setback away from the top of the bank while being at least 100 feet from the freshwater wetlands on the north side of the property. For these reasons, the Board finds the project as planned to be consistent to the greatest degree practical under the policies and standards of the LWRP and Zoning Code. BASIS OF APPLICATION: Based on applicant's building permit application, for which the Building Inspector on April 30, 2008 issued a Notice of Disapproval, citing Zoning Code Section 280-116A(1), concerning a proposed accessory in-ground swimming pool +/- 56.6 feet from the top of the bluffadjacent to Block Island Sound. CODE REQUIREMENT: Proposed construction is not permitted pursuant to Article XXII, Section 280-116A(1) which states: "All buildings or structures located on lots adjacent to the Sound and upon which there exists a bluff or bank landward of the shore or beach shall be set back nor fewer than 100 feet from the top of such bluffor bank." FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 21, 2008, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: RELIEF REQUESTED: The applicants request placement of an accessory swimming pool with retaining wall at less than 100 feet from the top of the bluff adjacent to Block Island Sound. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the followings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance will produce no undesirable change in the neighborhood or a detriment to nearby properties. Maximum landscaping has been planned by applicants to obtain the greatest protection possible to protect the environment. In addition, there is enough ]and area to place the pool without affecting other neighboring Page 3 - September 4, 2008 ZBA #6167 ' Michael And Susan Jeffries, Applicants CTM 1000-1'2-11 lands or neighbors. The location of the pool was carefully studied and is proposed to maximize the setback away from the top of the bank, while being at least 100 feet from the fresh water wetlands which is on the north side of the property. 2. Town Law §267-b(3)(b)(3)(2). The benefit sought by the applicants cannot be achieved by some method feasible for the applicant to pursue, other than an area variance. The pool must be setback at least 100 feet from the fresh water wetlands which is on the north side of the property. 3. Town Law §267-b(3)(b)(3)(4). The amount of relief is not substantial because the property is sloped and the house was constructed on the fiat area of the property. The pool is as far back as is reasonable. The placement of the house was preexisting and was reconstructed, while retained portions of the house predates the code requirements for minimum setbacks of 100 feet. 4. Town Law §267-b(3)(b)(3)(3). The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. The slope is stable, all water runoff captured by dry wells and the pool must be properly retained as proposed, and no pool water shall drain over or on the bank given the natural vegetation and retaining walls being provided by applicants~ 5. Town Law §267-b(3)(b)(3)(5). The difficulty has been self created. 6. Town Law §267-b. Grant of the variance is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of an accessory in-ground swimming pool, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267~B, motion was offered by Member Oliva, seconded by Member Simon, and duly Grant the variance as applied for, as shown on the Site Plan Set CD Sheet L-1.01 dated 4-11-08 prepared by Edmund H. Hollander, Landscape Architect Design, Site Planting Plan and Schedule dated August 22, 2008 with drainage (as per Code), Drawings of Pool Sections (Long and Short with Depth) 3B-SEC issued 6-20-08 Plans L-5.01 revised 8-13-08.. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject Page 4 - September 4, 2008 ZBA #6167 ' Michael And Susan Jeffnes, Applicants CTM 1000-1-2-11 property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimus in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chair....maa Absent was Member Dinizi~ ~ul~ a~ /G~RO P. ~OEH~IN~ERTcH~ g/~Approved for Filing , Oliva, Simon and Weisman. ~ ~2008 APPLICANT'S PROJECT DESCRIPTION (For ZBA Refcrence) Applicant: Michael & Susan Jeffries Owner: same Date Prepared:__Jul¥ 12~ 2011 I. For Demolition of Existing Building Areas Please describe areas being removed: II New Construction Areas: (/'~--<flr~ ~ ~ ' *~i Dimensions of first floor extension: ~4]A Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: Ill. Proposed Construction if Existing Building Alterations or Structural Changes (attach extra sheet if necessary) - Please describe building areas: retaining wall Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage all buildings on property (from surveyor): Existin. g square footage of buildings on your property: Hc~.~: :~t S~ c/ ,,q ~.- Proposed increase of building coverage: Square footage of your lot: (.,,.~7t '-.3i'~ sql' Pementage of coverage of your lot by building area: V. Purpose of New Construction: retaining wall for pool guard rail and boxwood hedges VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): property is located on Block Island Sound and sloped toward the top of the bluff. Retaining walls provide greater stability for the bank. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes X No Are there any proposals to change or alter land contours? 2,xck ~( No Yes please explain on attached sheet, cx-~ 1 .) Are there areas that contain sand or wetland grasses? 2.) Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? IM ~ 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? '~/et Please confirm status of your inquiry or application with the Trustees: 'q ~ ~,x~_ and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ e Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? N c Please show area of the structures on a diagram if any exist or state none on the above line. Do you have any construction taking place at this time concerning your premises? X/% If yes, please submit a copy of your building permit and survey as approve,d, by the Building Department and please describe: ~.{3 ~ ~O~;'>e: '~>~o1 4 Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? b;6 If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel MO~xr 7['oo ~ a CSo.r:, and the proposed use ~,,& I~gsc ~ ~ ~t~ ~I~ ~.~c~ ~ O ~ . (ex: exist~g single family, proposed: s~e with garage, pool or o~r5 . I Authoriz~ature and Date AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural districa All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- m and 239-n of the General Municipal Law. 1)NameofApplicant: If'[,c~f,?L~c-/ 4 ~'~.~ ~e/~r~,~.~ 2) Address ofApplicant: ~r~, /'~--,_.~ ~'-t.~? /~'~..? ~ ~. 3) Name of L~d Omer (if o~ th~ applic~t): 4) Address of Land Omer: 5) DescfiptionofProposedProj~t: /cz~ ~/~r~o ~e ~3~~ ~" ~ ~2~ 6) Location of Prope~ (road and m ~p n~ber): ~ft va~ ~,~ / ~_. 7) Is the p~cel wi~in an a~cul~al dis~ct? ~o ~ Yes If yes, A~icul~al Dis~ct Number 8) Is this p~cel actively f~ed? ~No ~Yes 9) Name ~d address of any omer(s) of land wi~in ~e agicul~al dis~ct containing active f~ operation(s) located 500 feet of the bo~d~ of ~e proposed project. (hfo~ation my be available t~ough · e Tom Assessors Office, Tom Hall location (765-1937) or ~om any public computer at the To~ Hall locations by viewing ~e parcel numbers on the Tom of Sou~old Real Prope~ T~ System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from the Office of the Planning Board at 765- 1938 or the Zoni~~ppeals at 765-1809. Signature of Applicant Date Note: 1. The local board will solicit comments fi.om the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will he 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. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owaers identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by At :~licanl or Project Sponsor) 8EQR 1. APPLICANT / SPONSOR 2, PROJECT NAME 3.PROJECT LOCATION: 4. PRECISE LOCATION: Street Addess a~l Road Interee~lions, prominent landmarks etc -or Drov[pe mae 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT~ LAND AFFECTED: Initially acres Ultimately Z~ acres WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? 9. WHAT IS PRESENT LAND USE IN VICINIT~ OF PROJECT? (Choose as many as apply.) ~ Residenl~al E~ IfldtJstfia ~] Com.lerclal ~--IAgrioalt.re E-] Park, Forest, Opepl Sp21oa E~ Other (describe) tO. DOES ACTION INVOLVE A PERMIT A~PROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or LOcal) 11, DOES ANY ASPECT OF THE ACTION HAVE ^ CURRENTLY VALID PERMIT OR APPROVAL? [~Yes E~NO If yes, list agency name and permit / approval: i? AS A RE ULT OF PROPOSED ACTION WtLL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT~,.T~NFORMATION PROVIDED ASOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicanl / Sponsor Name Oate: If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART Il - IMPACT ASSESSMENT {To be completed by Lead Ageqcy) A. DOES ACTION EXCEED AN'~ TYPE I THRESHOLD IN 8 NYCRR. PART 617.4? If yes. coordinate the review process and use the FULL EAF. B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROV~ED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.67 ff NO. a negative C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WFFH THE FO[LOWING: {Answers may be handwritten, if legible) Cl Existi~` ak qua~ surfa~e ~r gresndwater qua~Ay or quanti~y~ n~lae ~eve~s~ ex~$ung ~ra~c ~em~ s~d waste p~ or dis~a~ C2. , ~. ag ItumL arct~=u~, hlstoelc, or Mher nature ~'cu k~ra resources; or community or n, elghba~hood character? F,,.x~aln [~] Yes F~No E $ TH~.RE OR $ THERE L KELY TO BE COI~ROVERS¥ RELATED~ TO POTENTIAL A/)VERS~ ENVIRON~ENTAL IMPACTS? if yl~s explain effect should be assessed in connection with its Iai setting (~.e. urban or retell; (b) probability ~ occurring; [c) duration: (d) in'eversibility: (el Name otLeadAgency Date Title of Respo~slble Ofgcer Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible officer) AUTHORIZATION To: New York State Department of Environmental Conservation Southold Town Zoning Board Southold Town Trustees Southold Town Building Department Suffolk County Health Department Any and All State, County, Local agencies, as necessary Re: Premises at SCTM#1000-001-02-11 Lot 1-5, Fishers Island, NY Owner: Michael and Susan H. Jeffries The undersigned hereby authorizes my attorney, Patricia C. Moore, and her agents to submit any and all applications which may be required in order to obtain a building permit to construct the proposed residence on the above referenced parcel. '==::~usan H.kJ'e~¢' /~' Michael Jeffries APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers gnd employees. The purpose of this form is to provide information, which can alert the Toum of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X If ..... you answered YES , complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this /Z- day of ,~: ~-t;/! ~ Print Name:_ ;~ ?(~/_~ff.,l~Pdx~4.'~ --' // 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 Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# AGENT: 1000- 1-2-11 Michael & Susan Jeffries 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 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: [] Type: __ Town of Southold LWRP nsistency Assessment Form 1 nature and extent of action: proposed retaining wall Location of action: Private Road, Fishers Island Site acreage: 2.2 acres Present land use: existing residence Present zoning classification: R-120 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: Michael & Susan Jeffries (b) Mailing address:212 Park Drive, Columbus OH 43209 (c) Telephone number: ( 631 ) c/o Pat 765-4330 (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 III - Policies; Page 2for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): The property is on Block lsland Sound, Fishers lsland which has a protected toe of the slope with stone and boulders and heavily vegetated bank Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section II1 - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): Disturbed propertw with no historical archeological resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southolct See LWRP Section III - Policies Pages 6 through 7for evaluation criteria Town of Southold LWRP nsistency Assessment Form 2 Yes [] No [] Not Applicable [] Discussion (if appropriate): the lower retaining wall will minimize the impact on the vistas from the water- the grade difference between the bottom and top of the approved (lst ZBA approval) retaing wall and guard rail is 10'. The loweer retaing wall is proposed to provide a boxwood hedgerow between the pool elevation and lower grade of the property. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LFVRP Section II1 - Policies Pages 8 through 16for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate) The bank is completely stable and vegetated, the lower retaining wall provides stability to upper structures. 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 [] Discussion (if appropriate): Not applicable Policy 6. Protect and restore the quality and function of the Town of SouthoM ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LFVRP Section III- Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no impact on habitat or wetlands. Policy Z Protect and improve air quality in the Town of Southold. See L I;VRP Section III - Policies Pages 32 through 34for evaluation criteria. See Section III- Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A Policy & Minimize environmental degradation in Town of SouthoM from solid waste and hazardous substances and wastes. See L ff/RP Section II1 -Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): _residential retaining wall creates no hazardous waste PUBLIC COAST POLICIES Town of Southold LWRP nsistency Assessment Form 3 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 46for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): Not applicable, property along Block Island Sound. Access along sound not affected. WORKING COAST POLICIES Policy 10. Protect SouthoM's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): residential use enhanced bv views of Block Island Sound 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 62for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A - no impact on marine resources along Block Island Sound. Stable & vegetated bank Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A - no agricultural lands affected 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 [] Discussion (if appropriate): N/A - no impact on energy or minerals *copy of Town form created on 2/11/06 Town of Southold LWRP nsistency Assessment Form 4 T/OWN : P~OPERTY *~' ;7' ~" OF SOUTHOLD RECORD CARD ~ STREET ,r. * : FORMER OWNER SEAS. LAND VILLAGE )ISTR[CT SUB. LOT ~ :,.2-?-0 0 N ':'T- f~ P ' ACREAGE Farm ~OTAL I1 ,, DATE  Titt,able 1 Tillable 2 Tiltob[e 3 Woodland S~mp~ond ~Brushbnd Hous~ PIo~ TYPE OF BUILDING REMARKS ' Acm . Value Per Acre Value 1.o~.11 4/11 Exl?nsion\ .~-*~X 3~: ~,& Ext. Walls I Interior Finish ~ , ~orch 1 Room~ l~t i ~ ~ ~ ~ R~ms 2nd Floor Garage Drfveway -~-~ O.B. . ~OARD OF APPEAI.~ ROSE SHARON TREE WIRE FENCE ELEVATION AT MASTER BEDROOM WING jeffrles residence t~IOARD OF AppEAL~ ~---~' ~ ~-~1,11';,~,'! ;,~1' WIRE P~ F~E, ~E ~ AT LO~R ~K W~ W~H ~EVATION AT SWIMMING POOL FENCE NECESSARY ~. .....'--'~ ..~. · . "-~ ..: _ .,,~ -,~._ _':~ PRIVET HEDGE, NBC-H-IT !'O .~ , ~_. ~,. - '- ~-- k~..'X'/TM. -~' ~ a; ~ -v ~,, ~" .'s "-' , .,2- ' FENCE ENOS AT CORNER Of= I.tOUSE LOWER B,llICK WALL WrlH IVY SECTION - ELEVATION AT SWIMMING POOL jeffries residence BOARD OF APPEA~,~ WILLOW ELEVATION AT SCREEN PORCH AND SUNKEN gARDEN jeffries residence 6 ~ 13 jL~e 301'~ 4 RECEIVED JUL 1 4 20II SECTION THROUGH LOWER POOL WALL jeffries residence filing set