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HomeMy WebLinkAbout1000-71.-1-11 OFFICE 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 $OUTHOLD To: MEMORANDUM Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: August 24, 2011 Re: Coastal Consistency Review for ZBA File Ref. Gilbert, Frank #6500 SCTM#1000-71-1-11 Request for Variance from Art. XXII, Code Section 280-116 and the Building Inspector's June 8, 2011 Notice of Disapproval based on an application for building permit to construct a deck and as built accessory gazebo at; 1) less than the code required setback of 75 feet from a bulkhead for the proposed deck and as built gazebo, located at: 1095 North Parish Drive (adj. to Peconic Bay) $outhold, NY. SCTM#1000-71-1-11 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 LWRP review provided the following best management practices are required: Figure 1. Subject parcel. if the action is approved to further Policy 5: Protect and Improve Water Quality in the Town of Southold and Policy 6; Protect and Restore the Quality and Function of the Town of $outhold Ecosystem it is recommended that a landscaped buffer be required landward of the bulkhead (incorporating the existing trees), LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indigenous, drought-tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, tdmming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009] Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lod Hulse, Assistant Town Attorney Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 USPS Mailing Address.C/ 53095 Main Road EO. Box 1179 Southold. NY 11971-0959 July 18, 201 l ~/ LMx~f kRpT ~r;Yo'r ~ir~ :~ rpal Planner (--~~ ! '~.~~ Planning Board Office ~---7'y~/ ^ \ ~ Town of Southold '~'~'"-hf.) X~ ~ ' ~ . Town Hall Annex ~N,~ ~ ~ ~ ~ Southold, NY11971 ~ ~ _~ x ~_~k . ~ Re: ZBAFileRef. No.~6501 GILBERT, F~ 1~~[~5~~ De~ Mark X ~ ~~ We have received an application for construction of a deck and ~¢s builQccessory gazebo, bul~ead setback. A copy of the Building Inspector's ~ofi~e ~approval under Chapter 280 (Zoning Code), and survey map, prQect descript~m, are auached 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, Le sli~/~qq eisman~ By: Encls. Patricia Moore tbr Frank Gilbert 51020 Main Rd. Southold, NY l 1952 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: June 8,2011 Please take notice that your application dated May 31,2011 For construction ora deck addition & ~n "as built" accv eazcbo at Location of property 1095 No. Parish Drive, South01d, NY County Tax Map No. 1000 - Section 71 Block I Lot 11 Is returned herewith and disapproved on the following grounds: Thc proposed construction is not permitted pursuant to Article xX!I Section 280-I 16 which states: ~:_._A_[I buil.d.j_i~gs or structures located on lots upon which a bulkhead .... _and which arc adiacont to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." The site plan indicates the p_m_fd_)S~! d~ck at.5.6.~2-!....a~-..d...a.n~`-~.a-s-~-b..u-i-~-t-~-g-a--z-.-e-b-~-~-~-a-t.~-~-5-L. fee: $ Filed By:. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 1095 Street Parish Drive SCTM 1000 Section_71 Block ~1 Lot(s). 11 Hamlet Southold Lot Size 20,970 sq.ft. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED June 8, 2011 BASED ON MAP May 18, 2011 Applicant(s)/Owner(s): Frank Gilbert Mailing Address: 5 Aspen Court, Ossining NY 10562-2501 Telephone: c/o Pat Moore 765-4330 Fax #: Email: pcmoore l(&~optonline.net NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for (X) Owner, or ( ) Other: _ Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 Email: _pcmoorel(~optonline.net Please check 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 May 18, 2011 and DENIED AN APPLICATION DATED May 31, 2011 FOR: E Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [3 Change of Use [3 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.) 1. Artiele_XXII_ Section 280- 116: proposed deck at 56.2' from bulkhead and Gazebo at 15' (approved by Trustees in 1998) Type of Appeal. An Appeal is made for: F. A Variance to the Zoning Code or Zoning 1V [] A Variance due to lack of access required t [] Interpretation of the Town Code, Article__ [] Reversal or Other A prior appeal, E has been made at any time wi~ UNDER Appeal # 4002 March 22, 1991 deniedad, recommended alternative relief 50' from bulkhead(Ph call our office for assistance.) Copy of decision and: or Frank Gilbert REASONS FOR APPEAL (additional sheets mav be used with 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 existing dwelling is set back 65.5' from the bulkhead with a small deck (5' x 35') which due to wear & tear needs to be replaced. The existing deck is narrow and has limited usefulness. Thc proposed deck is 9' in depth and provides more outdoor space for the family. In 1991 the owner's father & mother(Frank and Doris Gilbert) requested an addition on the waterfront side of the house, 42 feet from the bulkhead (Appeal #4002 3/22/91). The Board denied this request but the Board would have considered alternative relief in light of the nonconformity of the dwelling and the limited upland area. The proposed open deck is 56.5' from the bulkhead and is in keeping with the character of the neighborhood. North Parish Drive is primarily a seasonal community of year round homes. An outdoor deck is the main living space to a summer home. The house was built by the applicant's father and owned jointly by the applicant's father, mother, mother's sister (Aunt). It was transferred to the applicant in 2009. It has been owned by the Gilbert family and constructed prior to enactment of setback regulations. A landing with benches is shown on a VanTuyl survey obtained in the 1991 ZBA file- date of survey is illegible (poss. 1990). The access stairs remained but the Gazebo replaced the landing when the bulkhead was replaced in 1998. An 8' x 8' platform was replaced with a 8' octagonal gazebo. The gazebo received approval from the Southold Town Trustees in 1998. Beach access stairs do not require a building permit. The Gazebo is less than 100 sq.ft, and generally does not require a building permit. The building department asked that we get a variance for the Gazebo (roof over a platform). Costello Contracting obtained a wetland permit for replacement of the bulkhead, the Trustees approved (as an amendment) replacement of the beach stairs landing with the Gazebo. (Copy of the permits enclosed) (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 existing house is pre-existing nonconforming. The deck is on the seaward side of the house. The existing house is small and the existing deck is inadequate for the family. The proposed deck provides room for outdoor living. The Gazebo was constructed as part of the beach stairs replacement. (3) The amount of relief requested is not substantial because: The existing structures are nonconforming and the proposed deck maintains the setbacks of most of the homes on North Parish Drive. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The property has no erosion, is well vegetated, and protected by a bulkhead and a jetty. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No, the house was constructed prior to adoption of Town Code 280-116, and prior to adoption of any regulations limiting construction within 75 feet of a bulkhead. Are there Covenants and Restrictions concerning this land: X No.. Yes (please furnish colby). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Swor~j~ before me thiA) BETSY A. PERKINS ~letary Public, State of New ~o~ No. 01PE6130636 Qualified in Suffolk Cour~.~.~\~.~ ~[ommission Expires July 18,..~,.,~ --' ~--Signatare of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) .&} ~PE:%LS B©ARD MEM£-}ER S (~erard P Goe}-ain?t, Chain~a~ Charles GrigonJs. Jr Serge Doyen, h. James Dinizku J~ Robert A. Vi}la Tciephone (516) 765 } 809 BOARD OF APPEALS TOWN OF SOUTttOLD ACTION OF 'lUqE BOARD SCOTT' L. HARR]S Supervisor Town Iia!L 53095 ~{aJI~ Road P.O. Box 1179 Southold, New York ! 1971 Fax (516) 765-1823 Telephone (516) 765 1800 App3. No. 4002. Upon Application of FRANK AND DORIS GILBERT. Variance to the Zoning Ordinance, Article Y~III, Section 100-239.4B and Article XXIV, Section 100-244B for permission to construct new addition with an insufficient set back from the rear property line and less than 75 feet from the bulkhead. The existing nonconformities of ~his property are the lot area and setback of the existing dwelling to thc bulkhead. Location of Property: 1095 NoI-tb Parish Drive at Bayview, Southold; County Tax Map Parcel No. 100O-7I-0t-011. WHEREAS, a public hearing was he2d on February 22, 199~; and %~EREAS, at said hearing all these who desired to be heard were beard arid their testimony recorded; WHEREAS, the Board has carefully consideredal~· testimony documaentation submitted concerning this appiicatJon; '~igEREAS, Beard Men~bezs have. uersonalli viewed and are familiar with the premises in question~ its present zoning, the surrounding areas; and and o/=o~lng findings oi fact: the Board made the f '' " i. By this application~ appellants seek variances '4nder Azlicle 72~11i, Sect/on 1[-0-239.4B and Article )~IV, Secrio~ !00-24{~ fo! a F/opcscd addition approximaeely 21' r~y 23' and pzepeaing a sc~-back at apyzoximat, ely 42 !eat {tc scale) tc the ouicI existing bulkhead ~c!lg Sonthcld Bay,, all aS mol'~ particularly soown on thz ~ende~lngs ~e~:a}:ed by C.S, GiJbe:t~ A, i. A~ datec Nouembe2 8, i990. Race 2 Appi. No. 4002 Matter of FRANK & DORIS GILBERi' Decision Rendered March 22, ]991 merely 63 feet from the outer bulkhead and approximately i07 feet to the front property line. 4. Article ?~_IIl, Section 100-239.4B of the Zoming Code requires ali buildings and structures located on tots upon which a bulkhead, concrete wail, rip-rap or similar structure e×is~s and which is adjacent to tidal water bodies o~her than the Long Island Sound to be set back not less than seventy-five (75) feet from the bulkhead. The amount o~ Ieliei requested in this respect is 33 feet, or 44 percentum. 5. Article X_~IV, Section t00-244B of the Zoning Code provides rear yard relief to substandard lots containing less than 40,000 sq. ft. but more than 20~000 sq. ft. of lot area ~o a minimum of 50 feet from the rear property line. The ~mount of relief requested in this respect ~s eight feet ~rom the requirement, oz 16 percent um. 6. On-site inspections find that the subject dwelling is located closer to the bulkhead than those in The immediate a~ea of this neighbezhood, although the immediate area does consist of other s~J-bstandard parcels improved with structures with substandard (but greater) setbacks ~rom the bulkhead and ~he Bay; 7. it is the position-of this Board that in considering this application: (al} the reliel requested is substantial in relation to ~eq~eme .... , {pc=c=nt~ges noted abeve}; (bi the re]lei requested is not the minimum necessary te afford re]ief, and there is an©thor alternative for appel]ants ~ pursue, · '~ const~uctinq along the south side cf the we.~ng~ m,~tbout tr~e necessity of variances; .~e} the ..... e~, .f o~anted as Iequcst{d~ will essential ihasac~e: ci the I)eighbezhoed al'lO' ' will contrib'~te Page 3 - Appi. Nc. ,.1002 Matter of PR~t, L DORIS ~tz~BE_R~ Deczslcn Rondo:ed March sz_, 199i Accordingly~ on motion by Mr. Dinizio, seconded by villa, it was RESOLVED~ to, ~ENS the relief requested under Appeal No. ~00~ in the Matter ef thc Application of Frank C. and Doris Gilbert. Vote cf the Board: Ayes: Messrs. Dinizio, Villa and Doyen. Nayes: Messrs. Goehringer and Grigonis. {Messrs. Goehringer and Grigonis felt that alternative relief with a 50 ft. setback from the bulkhead should be granted in light of the noncon- formities of the lot area and width, the nonconformity of the dwelling which was created when 100-239.4B was enacted in May 1985 {previously 100-i19.2B), as well as difficulties created for parcels to build on limi~ed upland area.) This resolution was duly adopted. ! k APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Frank Gilbert Date Prepared: June 14, 2011 I. For Demolition of Existing Building Areas Please describe areas being removed: existing deck 5' x 35' II. New Construction Areas (New Dwelling or New Additions/Extensions): new deck Dimensions of first floor extension- new deck 9' x 35', existing Gazebo 100 sq.ft. Dimensions of new second floor- n/a Dimensions of floor above second level:n/a Height (from finished ground to top of ridge):n/a (open deck) Is basement or lowest floor area being constructed n/a 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 if necessary) - Please describe building areas: new deck and "as built' Gazebo on beach access stairs Number of Floors and General Characteristics BEFORE Alterations: existing one story house with waterside deck and beach stairs with Gazebo (as platform) Number of Floors and Changes WITH Alterations: n/a IV. Calculations of building areas and lot coverage (from surveyor): All structures: 1,595 Sq.ft. House 22.3' x 60'= 1,320 sq.ft. Existing deck: 5' x 35' = 175 sq.ft. Gazebo: 100 sq.ft. (,te~9.44~-?) Proposed increase of building coverage: 4' x 35': 140 sq.ft. Proposed Deck: 9' x 35 = 315 sq.ft. Square footage of your lot: 20,970 sq.ft. Percentage of coverage of your lot by building area: proposed lot coverage (1,735 sq.ft.) 8.27 % V. Purpose of New Construction Requested: replace existing deck and permit for existing Gazebo VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): deck is at rear of the existing house, land is vegetated and bulkhead is in place Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking coruers for new construction), or photos of existing 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 .,-~ No ~,~ there any proposals to change or alter land contours? · No Yes please explain on attached sheet. 1.) Are there areas that contain sand or wetland grasses? '.'V) Lt / t6~h ¢' (Z~ 2.) Are those areas shown on the survey submitted with this application? k/'cZ-5 3.) Is the property bulk headed between the wetlands area and the upland building area? q ¢.5 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? ~ ""~ Please confirm status of your inquiry or application with the Trustees~q'P~U~,. ~e¢'. ~'~¢_,~.~-,_,,.' ~ tt C,~Q~ J~CC~',X,~2. and if issued, please attach copies of permit with conditions and approved survey.- ..... D. Is there a depression or sloping elevation.n~a[ t.~e area of proposed construction at or below five feet above mean sea level? l,,~ yt · Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? ~ 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? t~"~ yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: If II. 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? /k.J ',.~ If yes, please label the proximity of your lands on your survey. Please list present use or o,perations conducted at this parcel~'h ¢~k1-~¢ o3[ ¢~n4 %'.q~ d "J . (ex: existing single family, proposed: same with garage, pool or other) Authorized signature and Date ~O~V~ NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY THIS CERTIFIES that the building located at ..N~'~..~O~.~,..~?~,~,~l~l,..]~'.[.~.e. ............ Street Map No B~-~B ............ Block No...Z.%~ ............... Lot No. X~ ......... ~'~1~%C~CI~....4~4.~,, ................ conforms substantially to the ^pplication for Building Permit heretofore filed in this off~ce dated .......................... -ND,~eml~.....~..., 19~.c~..., pursuant to which Building Permit No....~..L~.~. ........... doted ........................ ..1~0.~.~1~I~G%'.....~... 19~...., was issued, and conforms to oil of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ................ ............ l~:k~ate., ¢me...£am~l~..A~e L% ~.~ ........ (..She~.~...~n~-~) ............................................. Th~s certificate is issued to ....~.a~l~.G~.l~i~.~-..J~ ........... (...~t.). .......................................... (owner, lessee or tenant) of the aforesaid budding. Building Inspector ~'"'~ AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form mast be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural distric~ All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: 2) Address of Applicant: 3) Name of Land Owner (if o~er~an applicant~: 4) Address of Land Owner: 5) Description of Proposed Project: 6) Location of Prope~ad and t~ ~P ~ber): i~q ~ ~ 7) Is the parcel within an agricultural district? ~0 ~Yes If yes, Agricultural Dis~ict Number 8) ls this parcel actively fa~ed? ~No ~ Yes 9) N~e and address of any owner(s) of land within the agricultural district containing active fa~ operation(s) located 500 feet of the bounda~ of the proposed project. (lnfo~afion may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Prope~y Trax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers m~a~v__.be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 or the~Zoni~g Board of Appeals at 765-1809. (_~...~8'i~ature of Applicant Date Note: 1. The local board will solicit comments from the owners &land identified above in order to consider the effect &the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part &the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 IPROJECT I,D. NUMBER I 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1-.~°PL[CANTISPONSOR j 2~ PROJECT NAME I 3. PROJECT LOCATION: M..,,=,p.,,,y c,,u.,y F mc-k 4. PRECISE LOCATION (Street address an~ i'oad Intersections, prominent landmal'ks, etc., Ct provlcle map) 5. IS PROPOSED ACTION: SEQR 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially ~"~ ·ues Ultlmalely ' ~' acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE BESTPJCT|ONS? [] ~.s DeNs , No. d.~,~,. ~..t~-.' -, ,, ~-~-~4~'~0.'" '~ lc) ~U---~CI~, 9. WHAT IS PRE~ENT LAND USE IN VICINITY OF PROJECT? [~Resldenllal E:] InduslrlSl [] Commel'clal Agriculture [] Park/Forest/Open spa~e [] Other I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE 11, DOES ANY A~$jPECT OF THE ACTION HAVE A CURRENTLY VAt. JO PERMIT OR APPROVAL? [] Yes [~No Il' ye~, IIsi agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I It the action is in the Coastal Area, and you am a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNOING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY {FEDERAL, STATE OR LOCAL)? Yes [~ NO If yes, Fist lOmlcl~s) end petmlt/ap~rovsl:ll ~ART II--ENVIRONMENTAL ASSESSMENT (To be completed by Agency) WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS iN 6 NYCRR PART 6176'~ If NC. a negat=ve Cec~aral=On C7 Other impacts {including changes in use o~ eiltler quantity or type of energy)? Explain b~iefly. D. WILL THE PROJECT HAVE AN IMPACT ON THe ENVIRONMENTAL ~HARACTERISTICS THAT CAUSED THE ESTASMSHMENT OF A CEA? J~ Yes [] No 5. IS THERE, OR IS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENWRONMENTAL IMPACTS? ~ Yes [] NO If Yes, explain I~riefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should 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 (I) magnitude. If necessary, add attachments or reference supporting materials. Ensure that exolanations contain sufficient detail lo show that all relevant adverse impacts have been identified and adequately addressecl. If- question D of Part II was checked yes, the determination and significance must evaluate the potential impact oi the proposed action on the environmenta~ characteristics of the CEA. [] Check this box if you have identified one or more potentially large Or significant adverse in~iacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: 2 0612012011 14:20 HOORE LAN OFFICES ff~)63176N643 P.0041004 Frank Gilbert 5 Aspen Court Ossining NY 10562-2501 June 20, 2011 Patricia C. Moore, Esq. $1020 Main Road 8outhold, NY 11971 Dear Ms. Moore: I, Frank Gilbert, hereby authorize you to make any and all applications to the Town of Southold Zoning Board of Appeals, $outhold Town Trustees, DEC o. nd any other necessary agencies on our behalf regarding our property located at 1095 N. Parish Drive, Southold, New York 11971 (sctm: 1000-71-1-11 ) Very truly yours, APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Frank Gilbert and PatriciaC. Moore Esq._ (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 X Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); __ B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or __ D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this /¢' day of !~Jt,,',~ Signature: ]27~.. ~,,¢_. ,,-.,~. /b (9.~. ~'2 Print Name: Frank Gil'~ert ~P~at~lcia C. Moore 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# 1000-71-1-11 OWNER: Frank Gilbert 1095 Parish Drive, Southold AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board __ Planning Dept. Building Dept. Board of Trustees X 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: X Variance for setback to bulkhead & Trustees permit Nature and extent of action: reconstruct and expand an existing deck on house and approve "as built"Gazebo used as landing (replaced previous landing)on existing stairs to beach Location of action: 1095 Parish Drive, Southold Site acreage: 20,970 sq.ft. Present land use: existing house and deck, existing Gazebo Present zoning classification: r-40 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Frank Gilbert (b) Mailing address:1095 Parish Drive, Southold (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No 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 2 for evaluation criteria. X Yes No Not Applicable Existing lot is .5 acres and is nonconforming in 1 acre zone. The lot has an existin~ bulkhead and protected by two jetties adjacent to Peconic Bay. The proposed deck is 56.5' from the bulkhead and requires a variance from the ZBA and permit from Southold Tow~i Trustees 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 X Not Applicable land is not identified as area of Archeological Sensitivity or on the National Register on Map produced by NYS Dept. Of State, Division of Coastal Resource~ Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria X Yes No Not Applicable This property is developed with a house, bulkhead, beach stairs and 2 jetties. The proposed deck is a customary accessory amenity to a single family home and the Gazebo on the beach stairs acts as a landing. 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 X Yes No Not Applicable Existing house remains, existing deck will be replaced and extended for additional outdoor living space. Beach stairs with landing constructed in the 1960's when the house was constructed. The beach stairs were replaced when the bulkhead was replaced and an existing landing was changed to the Gazebo ~"~/ 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 X Yes No Not Applicable Proposed deck has no impact on water quality and Gazebo provides a landing on the stairs. 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. X Yes No Not Applicable Setback to the bluff is less than 100 feet, however the size of the parcel is nonconforming. The deck and Gazebo do not impact the ecosystem, the structures are landward of wetlands and a bulkhead Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable Air quality will not'be affected by residential use 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. X Yes No NotApplicablc Solid waste is controlled through town-wide recycling, no hazardous substances proposed at site. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. __Yes XNo Not Applicable The parcel is private ownership and the structures do not impact public access seaward of the bulkhead WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. Yes No X Not Applicable Residential use of property on establish lot will not adversely impact Peconic Bay Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Pcconic Estuary and Town waters. Sec LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. X Yes No Not Applicable Peconic Bay is adjacent to development of parcel, however, construction activity is minimal for the deck. The Gazebo replaced a landing with seats and no activity is proposed to beach stairs. Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not developed for agriculture. North Parish Drive is private residential development. 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 X Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources. *copy of Town form created on 5/25/05 GILBERT SOIJTHOLD SC~'F4: 1000'~7] GII,BERT 1095 N. PARISH DRIVE SOIITNOLD SCTM: 1000-71~1-11 GILBERT 1095 N. PARiSI{ DRIVE SOUTHOLD SCTM: 1000-71-1-11 SOUTHOLD SCTM: 1000-71 .d-i 1 TOWN OF SOUTHOLD FROPERTY RECORD CARD RES.~. lO ~,J LAND SEAS. VL. IMP. TOT&ID .s. ~,~.~;,~ Z;". i':'~' ~ FARM COMM. DATE REMARKS IND.' ' CB. DISTRICT SUB. TYPE OF BUILDING MISC. PARTIAI~ ) NEW NORMAL Farm Acre 'l'~llable 1 Tillable 2 Tillable 3 Woodland Swampland B rushland~,,~ ~- V,,,fc:q '%_ eJ,,'xf_~4 0 '-. /. ix , Value Per Acre Value House Plot Total Extension /~ ~ // - t:~6 Fire Ploce f ., Porch Attic ~reezewcy ~ofio ~ooms Garage ~Hveway 0.~. OCTAGONAL. Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516)'765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD July 23, 1998 Costello Marine Contracting Sue Long P.O. Box 2124 Greenport NY 11944 RE: FRANK C. GILBERT, SCTM #.11=1-11 Dear Sue, JR. The following action was taken at the Southold Town Board of Trustees meeting on July 22, 1998: RESOLVED, that the Southold Town Board of T/usteeS'~/--~ request for an Amendment to Permit #4830 ~o~replace ~ 8' X deteriorated timber landing and benches w~t~xan 8' octagon shaped gazebo. ~/ However, this does not constitute approval from any otl~r agencies. If you have any questions, please call our office at 765-1892. Sincerely, Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK/d]h cc. Bldg. Dept. Albert J. IQupski, President John Hohapfel, Vice President 3'irn King Martin H. Gan-ell Peter Wenczel November 21, 1997 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 CosteltoMarine Sue Long P.O. Box 2124 Greenport NY 11944 Re: FPJ~NK C. GILBERT. JR. SCTM ~71-1-11 Dear Ms. Long, The following action was taken by the Board of Town Trustees during its Regular Meeting held on Nevember 18, 1997 regarding the above matter: ' WHEP~EAS, FRANK C. GILBER]!, JR., applie~lto the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold~ application date~ October 23, 1997 and, WHEREAS, said applicatio~ was referred to the Southatd Town Conse=vation A~lviser~ Counc%] fo~ their ~inding~ an~ recomm~D_datiens, and WHEREAS, a Publi~ Hearing was held by the ~ownTrust~es with respect to said application on Nov~m~_r 18, 1997, at which ~ all inte~~ested persn~ wexe given anoppor~%t~-to be hea~d. and, WF~P~S, the Board m~mhers have pe=sonally viewe~ and are familiar with the p~emYses i~ question ~ the mu~round~ area, and, WHEREA~, the Board has considered all the tes~%~cn~ an~ documentation s~'h~itte~concerning this application, and, WHEREAS, the structure complies witkthe'st~dar~ set forth i~ Chapter 97-18 of the Southol~ Tow%% Code, WHEP~EAS, the Board has determined that the pro3ect 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 approves the application of FRANK C. GILBERT, JR. to reconstruct 100' of existing bulkhead within 18" and. back~ill with approx. 20 c.y. of clean fill. BE IT FURTHE~ RESOLVEU that this determination should not be considmred a determination m~Oe for any othez Depaztment or Agency which may also have an application pending for the same or similar project. Permit to construct and complete project will expire two years from the date it is signed.. Fees mHst be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notifie~ upon completion of said preject. FEES: None Very truly yours, Albert J. Krupski, Jr. President, Board of Trustees AJK/djh cc. DEC ACE Dept. of State JUL-15-2011 11:17 FROM:PECONICSURYEY 6~176517~? T0:76546~3 P.i~i PECONIIC__SURVEYORS'~.~. ,C. P.O. Box 909 -' 1230 Tv~xv~trm STREET SOUTHO'O, N.Y. 11971 631'765-5020 · F~x 631-765-1797 John ~E Met'zgcr, L.S. July 15,2011 BOARD OF APPEALS Patricia Moore Attorney at Law 510:20 Main Road $outhold. NY 11971 De~ Pat, Plea.~ note that in reference to your client Frank Gilbert, 1095 North Parish Drive, Sputhold, Suffolk County Tax Map # 1000-71-01-11, the distance fi.om the gazebo to edge of the bulkhead is 15.0'. Sincerely, John T. Me~ger Peeonic Surveyors SOUTHOLD BAY N ~OARD OF APPEA[~ SURVEY OF PROPERTY A T BA YVIEW TO WN OF SO UTHOLD SUFFOLK COUNTY, N.Y. 1000-71-01-11 $CAL~: 1'=$0' MAY 18, 2011 dULY 6, 2011 (DECK STAIRSI 7022, AREA-20,970 SO. FT. TO TIE LINE · =MONUMENT ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW, EXCEPT AS PER SECTION 7209-SUBDIVISION 2, ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON, ~uVff~-YoR ~, -P. C. (6Zl) 765-5020 FAX (651) 765-1797 P.O. BOX 909 TYPICAL DECK WIHD UPLIFT REDUIREMENTS RECEIVED JUL 1 $ ZOll BOARD OF APPEALS TYPICAL Ii DECK ALT, HEADER GIRDER CONNECTIDNS~ DECKHEADERLJPLIF SPANSPAN lbs, 6' 1408 8' 1878 80' 10' 8347 18' 8817 6' 1859 8' 8479 88' 10' 3098 18' 3718 6' 8310 8' 3081 36' 10' 3851 18' 4681 UPLIFT CONNECTIONS FOR~ JOISTS-TO-GIRDER / HEADER DECKCONNECTION MIN, 8d NAILS SPANCAPACITY REQUIRED 18' 487 lbs, 4 16' 526 lbs, 5 80' 686 lbs, 5 84' 786 Ihs, 6 88' 886 Lbs. 7 38' 927 Lbs, 8 36' 770 lbs, 7 USE THE FOLLOWING USP BRAND OR APPROVED EQUAL GALVINIZED METAL CONNECTORS WITH THE RECOMENDED FASTNERS AND INSTALLATION BY MANUFACTURE, PRODUCT UPLIFI GALV, MINIMUM DESCRIPTION NUMBER lbs, FASTNER REQUIRED 4x4 POST~ (18) 16d COM, NAIL PBS44 1815 POST CAP BEAM: (18) 16d COM, NAIL 4x4 POST~ (8) 16d CUM, NAIL PBSE44 1430 END POST CAP BEAM: (8) 16d COM, NAIL BEAM/GIRDER~ (8) 5/8' BOLTS KC44 4x4 COLUMN CA)3265 POST/CDLUMN~ (8) 5/8' DIA, BOLl 4x4 FOOTING/PIER~ 5/8'x7' ANCHOR BO PAU44 2240 POST ANCHOR POST/GIRDER~ (18) 16d COMMON NAI£ 4x4 WET POST ANCHOR CBE44 3585 COLUMN BASE POST/GIRDER~ (8) 1/8' DIA, BOLT: 4x4 WET POST ANCHOR KCB44 5650 COLUMN BASE POST/GIRDER~ (8) 5/8' DIA, BOLT 6x6 POST, (12) 16d COM, NAIL PBS66 1815 POST CAP BEAM~ (18) 16d COM, NAIL 6x6 PDST~ (8) 16d CDM, NAIL PBSE661430 END POST CAP BEAM~ (8) 16d COM, NAIL 6x6 BEAM/GIRDER~ (2) 5/8' BOLTS KCC66 5885 COLUMN CAP POST/COLUMN~ (4) 5/8' DIA, BOLl 6x6 FOOTING/PIER~ 5/8'x7' ANCHOR PAU66 8350 POST ANCHOR POST/GIRDER~ (18) 16d COMMON NAIL 6x6 WET POST ANCHOR CBE66 3570 COLUMN BASE POST/GIRDER, (8) 1/8' DIA, BOLTI 6x6 WET POST ANCHOR KCB66 5640 COLUMN BASE POST/GIRDER~ (8) 5/8' DIA, BOLT TY-BOWN JOIST~ (6)8d COMMON NAILS RTiO 585 ANCHOR HEADER/GIRDER, (6) 8d COMMON NAI TY-DOWN JOIST: (9) 10x1-1/8 NAILS RTSO 1105 ANCHOR HEADER/GIRDER~ (4) 1Od COMMON. NAI _T INSTALLATION NOTES~ 1), ALL POSTS TO BE ANCHORED TO FOOTING DR PIER 8), HEADER & GIRDER CONNECTIONS TO BE ATTACHED 3), EACH JOIST TO BE ANCHORED TO GIRDER OR HEADER 'JOIST HANGERS TO BE ATTACHED TO A PT LEDGER BOAteD 1000_~71-_01-11 DATE: , 6-30-1i  'GILBERT RESIDENCE ~,,,~ : i NORTH PARISH DRIVE · :'~. ~o~'~ ~ :WOR$OUTHOLD - NY A-1 ~:0)~ ' CHORNO ASSOCIATES W TH POS V/ITH TY-DO~/N STRA P5 r~ TI-I~T IK Trl RP RI'Il TFD TO ~1 LOG