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Home My WebLink About1000-99.-3-7 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: August 23, 2011 Re; Coastal Consistency Review for ZBA File Ref. NICHOLAS CUTRONE #6496 SCTIV~1000-99-3-7 NICHOLAS CUTRONE ~o496 - Request for Variances from Art. XXII Section 280-116A(1) and the Building Inspector's May 31,2011 Notice of Disapproval based on an application for building permit for as built deck and proposed addition, at; 1 ) as built deck at less than 100 foot setback from top of bluff, 2) proposed addition at less than 100 foot setback from top of bluff, located at: 786 Bailie Beach Road (adj. to Long Island Sound) Mattituck, NY. SCTM#1000-99-3-7 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 "as built" 9'.8" x 24.9" deck is INCONSISTENT with the below denoted Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 4.1 "Minimize losses of human life and structures from flooding and erosion hazards." The following management measures to minimize losses of human life and structures from flooding and erosion hazards are recommended: specifically A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. The "as built" 9'.8" x 24.9" deck is located within the Coastal Erosion Hazard Area is a regulated activity and not permissible pursuant to Chapter 111 , Coastal Erosion Hazard Areas. Figure 1. Subject Parcel. Figure 2. Subject Parcel and "as built" deck. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. d. sites where relocation of an existing structure is not practical The "as built" 9'.8" x 24.9" deck does not functionally require a location on th~; coast, is not water dependent and can be located to a location outside of th, Coastal Erosion Hazard Area. The proposed addition at less than 100 foot setback from top of bluff is CONSISTENT with the LWRP policy standards and therefore CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney 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 action~ 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 Waterfi'ont 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). lfany 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 anglyzed 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# ~q 3 r7 The Application has been submitted to (check appropriate response): oar o,Tra ,e. 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: ~/ Site acreage: O, ~0 Present land use: ~E~I DENTroL Present zoning cl~sification: ~- ~O If ~ application for ~e pm~d action h~ been filed with the Town of Southold agency, ~e following info~ation shall be provided: (a) N~e of applicant: ~ ~G~ (b) Mailing address: ~ ~ ~NNET~oor ~ENu~ (d) Application number, if any: Will the action b~ directly unde~aken, require funding, or approval by a state or federal agency? Yes ~ No~ lfyes, 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. t~ Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [~ No ~ (Not Applicable- please explain) Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [~ Yes [] No~r (Not Applicable - please explain) ,t~qO O~ TIqF. ~[~oR.~LINE~ ~I'~E~E Is /xto INP~T Tc~ ~r'.~Vl~ Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes ~ No~ (Not Applicable- please explain) Attach additional sheets if necessary Policy 5. Protect and improve water qualitY and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes [] No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LVO~P Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [~ No~ (Not Applicable- please explain) AtXach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes [] No~r (Not Applicable- please explain) Auach additional sheets if necessa[y Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous Substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No ~(Not Applicable - please explain) 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 Southoid. See LWRP Section III- Policies; Pages 38 through 46 for evaluation criteria. [] Ye~ Not~g(Not Applicable - please explain) At~ach additional sheets if necessary 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 ~Z'(Not Applicable- please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [-~ Yes [] No'Not Applicable- please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [~ Yes ~] No~l~Not Applicable- please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III- Policies~ Pages 65 th rough 68 for evaluation criteria. ~Yes [] No [] Not Applicable- please explain 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 $00 feet of a farm operaiion located in agricultural district. All applications requiring an agricultural data statement must be referred,to the Suffolk CounO~ Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: ~:~T~¢... 2) Address ofApplicant: r]c~Q_. ~OI~NI~T~2LIOT 3) Name of Land Owner (if other than applicant).: ]VI&K (Sc/TI~.oN F_. ' 4) Addres's of Land Owner: ~Z~;~ DEVON ,%*) 5) Description of Proposed Project: ~/e,o{~oSg_~ ~ot:> ir~oN ALT~.i:~IXTIo~i To St~c~Lg_ F',a, t4 tl..¥ I~E~L-'~,IrE. 6) Location o~Property (road and tax map number): 7gG 7) Is the parcel within an agricultural district? ~-JNo LIYes If yes, Agricultural District Number 8) Is this parcel actively farmed; ~l~rNo ~]Yes 9/ Name and address of any owner(s) of land within the agr/cultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available ttu-ough the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers onthe Town of Southold Real Property Tax System. N~ame and Address (Please u.~e back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at .765-~or throning Board of Appeals at 765-1 $09. Signature of Applicant Date 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed acti6n on their farm operation. Solicitation will be made by supplying a copy &this statement 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agr/cultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the apt31icant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be a~ted upon by the board. 1-t4-09 REcoRDS Rector clecl = 12/06/2000 .Tyl~e o~ !nstr~--,-w~nt ~ DS~D$/DDD At = 03: 2'~'~ 22 P~ N~r of m~ges~ ~ LIBER= D00012088 T~SF~R T~ ~ER: 00-17865 PA~: 848 099.00 03.00 007. 000 1000 ~ ~ C~G~ AS F0~S Deed ~: $48~,000.00 R~celv~tthe Followiog Fees For Above Instrument ~xe~ Exen~= $21.00 '~ ~in~ $~.00 NO page/Filin~ $~.00 NO ~-C~ $5.00 ~ COE $25.00 NO ~-S84 $5.0'0 NO ~-STA~K . $7.00 NO ~T $15.00 ~O Cern.Copies $0.00 NO T~S~er ~ax S0.00 NO S~ C~.Pres $0.00 NO $85.00 F~es Paid TRANSFER TAX N~MBK~: County Clerk, gu~olk ~L~-~2 17(C~tY) -- Su~ Total ... ' :Sab To~ tlon , ~n th~, .you 20GO husband and ~lf~, TO~ wi~h all tier, tide mt6 [nt,~,~t, if ar;y, of ~be ~ of ~e ~ ~ o~, i~ ~ ~ any ~ ~ ~1 ~ ~ ~ fi~f~ ~ of~~m~d ~: TOff~x~ A~ TO ~0~ ~ ~A~OF N~Y~K t ~ OF i, ~ P. ~N~ ~K O;' 'fl II C~' ~ ~D ~ OF ~E ~PR~ ~ IN TEENY WHeEl, I ~VE HeREUN~ S~ ~ ~ ~D ~ ~E S~L ~ S~D CL,E~K DZ~*~Z~ LOOO ~&C~-co~ 099.00 ~ 05.o0 ~ 00'7.000 UATC'~ 4'- ® NOTICE ~ COUNTY OF SUFFOLK ,.,~,,~.,Lt o, ~i~'/,Z~%'~ Real Pro~rty Tox Service "~'~'~ ~JFI C~tyC~ter Riv~NY 11901 r~# ~ SOUTHOLD SECTION NO "'~' 099 ~r~, .. lO00 PROPERTY ~A,~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined _, 20 Approved ,20 Expiration _, 20 PERMIT NO. BUILDING PERMIT APPLICATION CHECKLI: Do you have or need the fol!owing, before applyin Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: I~AY 13 20 BLDG. DEPT. Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,20/[ a -rF.:,;m:,m Mu~ 1 be ~ )mpletely filled in by t~ewfiter o? in i~ and submitted to the Bulldog ~spector with 4 sets of pl~s, acetate plot plan to scale. Fee accord~g to schedule. b. Plot pl~ show~g location of lot and of buildings on promises, relationship to adjoin~g premises or public s~eets or areas, and wate~ays. c. ~e work coveied by this application may not be commenced before issu~ce of Building Pe~it. d. Upon approval of this application, ~e Building ~spector will issue a Building Pe~t to ae applic~t. Such a pemit shall be kept on the p~mises available for ingpection ~ou~out the work. e. No building shall be occupied or used in whole or in pan for any pu~ose what so ever until the Building Inspector issues a Cenificate of Occupancy. f. Eve~ building ~mit shall expire if the work authorized has not co~enced wi~n 12 months a~er &e date of iss~nce or Ms not b~n completed within 18 months ~om such ~te. If no zoning amendments or o~er re~lations ~fecting th property have ~en erected in ae ~tem, ~e Building hspector may authorize, in writing, the extension of ~e pemt for an add.ltion six months. Ther~er, a new pemit shall be ~quired. ~PLICATION IS ~BY M~E to the Building. Department for the issuance of a Bu~d~g Pemit pursuant to the Building Zone Ordnance of the Town of Souaold, Suffolk County, New York, ~d other applicable Mws, Ord~ces or Re~lations, for the constmcti0n ofbuil~gs, additions, or alterations or for removal or demolition as hem~ described. ~e applicant a~s to comply with all applicable laws, ordinances, building code, hous~z code, ~d re~lations. ~d to a~it authorized inspectors on premises ~d in building for necessa~ inspection~ff ~ (Sig~e of applicant or n~e, ifa co~oration) (Mailing ad&ss ofapplic~t) State whe~er applicant is owner, lessee, agent, ~n~neer, genial con,actor, electric, pl~ber or builder Name of owner of premises ~[d<- Coi'iOxO N E (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 License No. Plumbers License No. Electricians License No. ~-Other Trade's License No. 1. Location of land on which proposed work will be done: r, ~..: -:,:. ':3 m House Number Street Hamlet County Tax Map No. 1000 Section qq Block "~ Lot Subdivision Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed Construction: a. Existing use and occupancy b. Intended use and occupancy ~'1~~°S& Z $r~¥ 3. Nature of work (check which applicable): New Building. Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units ] If garage, number of cars Fee Addition Other Work Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions ~fexisting structures, if any: Front 37_! ± Rear Z~ Height· 2~ ~ Number of Stories Dimensions of same stru~:ture with alterations or additions: Front Zl-%.d Depth 'g'2.~ Height ,~ I Number of Sto,:des Rear - Depth ! 8. Dimensions of entire new construction: Front' I ~ · Height ~ Number of Stodes 'Z.- 9. Size oflot: Front ~l Rear IO~~4' .Depth t 0. Date of Purchase ~'~AI_ ~_ooO Name of Former Owner (_.oLD ~3¢14 H 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 / Wifl excess fill be removed from premises? YES 7 NO 14. Names of Owner of premises ~l~:k: ~'u'rla. ONF_ Addressg4c~ Name of Architect D~-m¢. ~r._~c~ Address~,sL,p'r~h~onC'~NoG3l Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a fi'eshwater wetland? *YES ~ NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMIT~ 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. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ NO d · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF ) [E.T~''- GE~CRAG[: [~eing duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.). of said owner or ownem ~nd is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this aPl~igoliOil.ar¢.Irlle_to.the best of his knowledge and belief; and that the work will be performed in the manner set fo~j~ll~i~l~.c~e~,~'l~h, f'~ · Ho. 01.106188733 ~ '~ / Swom, t_~o b~ore me tl~s ,-,/3 Qual~ecl In. ~uffo~ County // ~ ..~'-c~. day o~ ~e ~, aO! ~ ~ IX ~ ' - Notary~{~'l~ ' ' ~ Signature of Applicant TOWN OF SOUTHOLD NOTICE OF DISAPPROVAL DATE: May 31, 2011 To~ Peter Gerace for Nick Cutrone 792 Connetquot Avenue Islip Terrace, NY 11752 Please take notice that your application dated May 13, 2011 For permit for an "as built" deck and proposed addition at Location of property 786 Bailie Beach Road, Mattituck, NY 11952 County Tax Map No. 1000 - Section 99 Block 3 Lot 7 ls returned herewith and disapproved on the following grounds: The construction is not permitted pursuant to Article XXII Section 280-116A{ 1 ), which states: "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100' from the top of such bluff or The "as built" deck is noted as being 27' fi.om the top of the bluff.. The proposed 2 story addition is setback 51.5' /~ Authorized Signature LOT 9.4 Z LONG ISLAND SOUND Z N 64°23'00' E 257.6' JOB #10-258-SO SURVEY OF PROPERTY LOCATED AT NATTITUCK TOWN OF SDUTHDLD SUFFOLK COUNTY, NY S,C,T,MJ 1000-99-3-7 CERTIFIED NICHOLAS CUTRDNE DONALD L. MALM~ gR LAND SURVEYOR 61 NASSAU AVE ISLIP, NY 11751 631-581-0003 SCALD 1'= 30' DATE, MAR, B, 20!1 Fee: $ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS HouseNo. r~ Street ~lxlki[ [~.cl4 ~o.04.~ Hamlet J~lkT'l'l'l~¢;Ic. SCTM 1000 Section *] ~ Block ~ Lot(s) ri Lot Size/O?~ '2qd Zone I (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ~t~X ~ ~)'Z°ll BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): Mailing Address: ~'~ Telephone: Fax: Emaii: CC, UT FRO ~ Yahoo, g.o~ 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: ~-rE:{~. G ~'t'-~6,c,~:~ for dOwner ( )Other: Telephone:¢qq OIqO Fax:G~{ Emai .lE G maB oero ct a,NET Please check to spec~y who you wi~ correspondence to be mailed to, from the above names: ( Applicant/Owner(s), ~) Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 1q~,~6{4 ~,t'2.oli and DENIED AN APPLICATION DATED~&~' I% ~°t~ FOR: (~ Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy I~ Change of Use . Permit for As-Built Construction~Ht~'r~N DKag-) ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) _ Article: ~.ll Section: ~.~O-II~,A(~I) Subsection: Type of Atnpeal. An Appeal is made for: $/)A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal'~ has, ( ) has not been made at any time with respect to this property, UNDER Appeal No(s). r/~ Year(s). ~ q~O · (Please be sure lo research before completing this question or call our office for assistance) Name of Owner: ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detrimenttonearbypropertiesifgranted, because: ~oPoSEO ~.r>D~T~oN I$ Htno~ II~ blt~'rv~3 (2) applicant to pursue, other than an area variance, because: ThE ExlS-r,q6 ~SloE. N(~. IS t~t..KC-~.~¥ c:t.oSE, r'~ ~N ~u~,m6 T~ ~e~ ~o~ T- ~E I~~ o~ ~o~E (3) The amount of re,cf requested is not substantial because: (4) The variance win ~o~ nave an aaverse enect or impact on the physical or environmental conditions in the neighborhood or district because: GRowr'14 oN I~ (5) Has the alleged difficul~ been self-created? ( )Yes, or ~No. Are there Covenants and Restrictions concerning this land: O No. ~Yes {~lease furn~h The benefit sought by the applicant CANNOT be achieved by some method feasible for the tooI Fl~o~ ToP o1: Bt-~FF. ~,:s~9 ToP o~ 8~vF1= 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 REQUESTnED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure ~f~sUlt y~attorney.) Y\ ~ ~-~ ~J Sig~e of Appellant or Au~or~ed Agent (Agent must sub~t written AuthoH~tion from ~ner) Sworn to before me this ~,20 CATHERINE JOHNSEN Quolffie~ In Sulfo~ County My CommJllion Expl~em June 09, 2012 Page 3 Assigned Application No. Application by: Office Notes: Part B: REASONS FOR USE VARIANCE (if requested): For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating to the property's un'que because: 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood because: 4. The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet if necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) / (,,,/) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your afforney.) Otherwise, please proceed to the siqnature and notary area below. Sworn to before me this,..~O// y ... - ~ ~THERINE JOHNSEN NOTARY PUBLIC-STATE OF NEW YORK NO. 01JO6188733 Qualified In Saffo~ County My Comffillllon Explres June 09, 2012 Signature of Appellant or Authorized Agent (Agent must submit Authorization from Owner) ZBA App 9/30/02 - ~' ,O1~ SGUTHOLD, NEW, ACTION OF THE ZONING BOARD OF APPEALS DATENIEC~.-IIe-.-,J,'~0 Appeal No. J66 Dated ~ ~Jm ~0 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUT~LD ~JJ ~ ~J~ ~' ~pellant at a meeting of the Zoning Board of Appeals on ~lld~yw ~ %0, lg~O the appeal was considered and the action ihdicated below was taken on your (X) Request for variance due to lack of access to property' . ( ) Request for a special exception under the Zoning OrdinQnce (3r~) Request ~r a variance to the Zoning Ordinance, ( ) 1. SPECIAl EXCEPTION. By resolution of the Board it was determined that e special exception ( ) be {~ranted ( i be den e.d ~rsuant to Article: ............... Section ................ Subsection.: .............. p~ragral~b ................ of t~e Zoning~ Ordinance, and the de~isi?n of ~he Building I,nspect0! ( be rever{ed ( ) be,confirmed b~:/~ause J 2. VARIANCE. By resolutioi~ df the Board it was determined tibet ' (n} Strict al2pliga~ion a;[ the Ordir~ance (~ould)alllllllJall_al~Dreduce' undue'h~;rd§hip beca~e ~o. ~o~f~: ~ ~ ~, nd ~o~ ~ ~ ~ ~o ~ ~ ~ ~ cr~t~ (is) (~niq~ and (J (would not) ~ ~ared by oil prope~ies alike in the imm~.iate vicini~ of this pr~e~y o~ in the same use district ~ouse ~B ~ ~ ~c~eeThe ~ariance (does) ~ observe the spirit Of the Ordin<~nce and (MI~ (weuld, not) cha~ge the. character of the district ~c'ause ~e ~ ~e ~ ~&~ ~ and t~refor~ it was Tubber deter~iged that the requested variance (X) be g~nted ( ) be ~nied and that the previous ~isi~s 'of the Building In,actor ( ) ~ confirm~ (~) ~ revel. ~ ~ 8~ ~ D~X~ ~ ~ ~- ZONING BOARD OF APPEALS ~,,.~nd &tic~ V. Reeve on the ~mst; rumt~A; thence ~ a of Ja~ ~ BSbr P. 8~t~ ~g ~e ~ ~ ~ 23 Letter of Authorization Nick Cutrone 2468 Devon Street East Meadow, NY 11554 Phone:(516) 794-0878 Let it be known that Peter Gerace & Gerace Architecture Studio, 792 Connetquot Avenue, Islip Terrace, NY 11752, Tel: 631-277-0190 Has been retained to Act as Agent to Perform All Acts for Development on My Property Identified Below. These Acts Include; Pre-Application Conference, Filing Applications and/or Other Required Documents Relative to All Zoning Applications, Building Permit Applications, New York State DEC Applications. 786 Bailie Beach Road, Mattituck, NY 11952 Described in Records of Town of Southold Under Suffolk County Tax Map # 1000-99-3-7 I understand that I remain fully responsible and liable for all acts performed under said permits. This authorization is valid for 2 years Property Owner: · S~gnatu Printed name: I~c~,~ b.~ Address: o2~/~:oc~o~-' ~7=-z~'~- ~, Phone:/.~/g-'"Z;P'~/'-'~.2,~ CityJState/Zip: ~?-4~--c~-,/--Z//~ ~Z./~ Before me the above signed personally appeared t,,;' }~J~ OI · ~ /~ ~dJ~'-~ ~ ~- , who is personally known by me or has produced Oe_rsc~n~,ll~J ~n~, to the person described and who executed the foregUoing instrument for the purpose therein and it is true and correct. Sworn to and subscribed before me this I ~ day of 20~L ' State of I~0 ~OI?-J~ County of IL3 A~,~ ~ ,3 Witness my hand and official seal, this day of Notary Signature "~'~/~ctl~4..I ~ Ny Commission ~xpt~s (0 ~-oq7 ~,TO/~ OOROTHY FRANCS Notary Public, Stats of New York Qualified in Nassau County ~:;g No. 01FR6063257 APPLICANT'S PROJECT DESCRI?TION ( (For ZBA Reference) Applicant: ~TELI~, 6E~A6E ~ N'6~ 6Url~obl~x) Date Prepared:_ ~/~Z~/ I. For Demolition of Existing Building Areas Please describe areas being removed: 1/. New Construction Areas (New Dwe.l~ing o1' New A~ditiqps/Extensions): Dimensions of first floor extension: I ~,-- O" ~ 1 9' - 3" Dimensions of new second floor: / Dimensions of floor above sex:cud lex;el: Height (from finished ground to top ofridge)~ Is basement or lowest floor ama being conslructed? If yes, please provide heir.bt rabow~ .--,., measured from natural existing grade to first floor: ?5 ~ .., ~ tt ':"' ', ~ *:" .... ,' III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ] ~7- ~;To~¥ ~t~a,19E; D~t.t.~NG ~AV'W6 ~'rFcNt~N)~RI~,aT ~,c~{..'l. brtFjk/.., ~,TI..tRC)C:ee4 AND OI'tE RF~O~,~ A.T Ftt~ST FLot-~ _Number of F~toors auld_Changes WITH Alterations: ~ Fl.oo~S~ IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: ]) gq.C~ Gt;~. FT. Proposed increase of building coverage: z74 ~. VT, Square footage of your lot: q-gj o~ g~. lT. Percentage of coverage of your lot by building area: V. Purpose ofNew Construction: I-~o gXeANO Ex~sT,uG ~tTtHEN ANO Ot'N~O aReA ~ ~ ~O~ AND' ~A~R~ To ~ND F~. ~d ho~ it relat~ to.the ~fficul~ in.meeting ~e code requ~ement(s): , ~ ~,. ~ .O~waI To W~ Toe ce ~tUFF ~A&TS (A Sko~ 0F ao/~. ~OM IO~ o~ D~vpF. ~E OmFI~ULTY /P H~/~A/~i~ loci ~[~c~ ~ nl U=F ,..~, ',~ .' ~OOtT~O~, Please submit seven (7) photos, labeled to show different angi~ of yard area~'~ ;fter' ~a~n~ co r~ert I ~ neW for new construction), and photos of building area to be ~tered 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 A~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? A/o 2.) Are those areas shown on the survey submitted with this application? ~t~/,~,~ 3.) Is the property hulk headed between the wetlands area and the upland building area? yl=$ 4.) If your property contains wetlands or pond areas, have ygu contacted the Office of the Town trustees for its determination of jurisdiction? /V/A Please confirm status of your inquiry or application with the Trustees: 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? A/O Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?. A/O 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? A/O yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: If 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? If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel ~× ~"llt-x( ~oi~ and the proposed use q/~H~ · (ex: existing single family, proposed: same with garage, pool or other) FOI~M NO. 4 TOWN OF Sou'rHOLD BUILDING D EPAR'IFA4ENT TO~VN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No....Z...6.8.0 ......... Rte .......................... ............. , 19..6.9.. THIS CERTIFIES that the building located at .]~r.~..]~O~Cl...~/.r~...~,~,~'....~.~.D,D~..~g~Street Map No ..... ~ ............ Block No....,3C~ ............ Lot No....~.~,. ....... .~...~..li~.~.~..~..~..~.....~n.~'.~ .............. conforms substantially to the Application for Building Permit heretofore filed in this office dated .......................... ~)~?.:~, ....... ~ ........ , 19..~..0.., pursuant to which Building Permit No..,~..~.0.~..0. ......... dated .......................... ,~.~,.....~,. ..... 19..~.0.., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ................ .................... P. Z'.~ .~a ~.. ~ne...Z'e~ Z],y..r~ai.dene~ ......................................................... This certificate is issued to ...... ..~..t;.~.~.~,..~..~.~:~3~.~,~, ......... ,(~.~'D.~'~,~ ............................ ;.. (owner, lessee or tenant) of the aforesaid building. Building Inspector~ TOWN OF SOUTtIOLD BU~.~INC, DEPARTMI~T Town Clerk% Office Southold, N. Y. Certificnte Of Occul ncy THIS CERTIFIES that the building located at 7.87....B~..1..e.y..B.c..a?.h..R..d: .... Street Map No ............. Block No ........... Lot No .................................. conforms substantially to the Application for Building Permit heretofore flied in this office dated .S.~.~..~..b.e.r. .... q,~. ..... , 19.7..7. pursuant to which Building Permit No .... dated .S.ep.~..~..b.e.~ .... q,~. ...... , 19.77..., was issued, and conforms to all of the require- merits of the applicable provisions of the law. The occupancy for which this certificate is The certificate is issued to Herber~c Goldscl~'n'~d~ (owner, ) of the aforesaid building. Suffolk County Department of Health Approval ............ N../.R ..................... UNDERWRITERS CERTIFICATE No ........ N.~.8.6.6..0] ............................. HOUSE NUMBER. 7.8~.. Street ................................ ........... Beiley Beach Road. ....... i~lattituck, New York Building Inspecq~or FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY ACCESSORY Location of P~op~rty: 786 BAILIE BEACH RD (HOUSE NO.) (STREET) County Tax Map No. 473889 Section 99 Block (F~LET) FOR, The certificate is issued to NICHOlaS A & CAROLYN A CUTRONE (OWNER) of the aforesaid building. N 574096 10/24/01 N/A Rev. 1/81 View looking North at fl-ont of residence - proposed addition is staked out to right of residence. Date taken; 6-18-11 786 Ba[lie Beach Road, Mattituck NY 1:19S2 Owner; Nick Cutrone Applicant; Peter Gerace View looking North at front and right side of residence - proposed addition is staked out to right of residence, Date taken; 6-18-11 786 Baitie Beach Road, Mattituck NY 11952 Owner; Nick Cutrone Applicant; Peter Gerace View iook[ng Southwest at right side of residence - proposed addition is staked out. Date taken; 6-18-11 786 8ailie Beach Road, Mattituck NY ~1952 Owner; Nick Cutrone Applicant; Peter Gerace View Iookin§ West at ri§ht & rear side of residence - Existin§ "as built" deck and railin[~ are behind bush. Date taken; 6-:L8~lZ 786 Bailie Beach Road, Mattituck NY :t:[952 Owner; Nick Cutrone Applicant; Peter Gerace View looking South at rear of residence and existing "as built' deck Date taken; 6.-:~8-:U 786 Bai[ie Beach Road, Matt[tuck NY ]_1952 Owner; Nick Cutrone Applicant; Peter Gerace View looking East at left side of residence - Existing "as built" deck is visible behind bushes~ Date taken; 786 gailie Beach Road, Mattituck NY i:~-952 Owner; Nick Cutrone Applicant; Peter Gerace View looking North at right side of residence showin[~ main area of proposed work, Date taken; 786 Bailie Beach Road, Mattituck NY ].~952 Owner; Nick Cutrone Applicant; Peter Gerace APPLICANT/AGENT/REPREsENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code ofl~thlen mohibits conflicts ofinterast on ,h~ mo...-, ~. ~ . th fi~rm ~s to movtde mformatmn whzch can alert the town ofl~o~ihb. ~onfli~ ofhlka -- ' and allo-'- it to ~'- YOUR NAME: C OT['°M~ ~ /~/t C. {Last name, first name., middle initial,' unless you are applying in the name of someone els~ or other entity, such as a ~ompany. If so, iudi~ate the other NAME OF APPLICATION: {Check all that apply.) Tax grievance Building Variance ~' Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If 'Other", name the aetivi y.} Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee &the Town uf Southold7 "Relationship" includes by blood, marriage, or bttsiness intere~L "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 eoq~orafion in which the town office~ or employee owns more than 5% of the shams. YES NO If you answered "YES". complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (tho applinant/agent/repmsentativej and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. Tile town afficer or employee or his or her spouse, sibling, parent, or child is (ebeck all that apply): A) the owner of greater than 5% of the shams of O~e corporate stock of the applicant (when the applicant isa eo~porafion); B) the legal or beneficial owner of any interest in a non~porate entity (when the applicant is not a corporation); C) an officer, discO, or, panner, or employee of the applicant; or D} the actual applic~aqL DESCRIPTION OF RELATIONSHIP Form TS 1 APPLICANT/AGENTfREPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Senthold's Code of Ethica ~coh/bits conflicts of/ntemst on the vart of town office~ and emvloveas. The prelate of this form is to ~rovide infocmatino whirls can alert ri~ town of nossibl~ nonfli~ta of interest and allow it to take whatever act/on is nocessarv to avoid same. (L~at name, first n~ne, mlddl¢ inMal, unless you m'~ applying in the name of someone else or ori~r entity, sush as a enmp~ny. If so, indi~te the other NAME OF APPLICATION: (Cbeck all that Variance Change of Zone Approval of plat Exemption from plat or official Other (If"Other", name the activity.) Building Trustee Coastal Erosion Mooring Platming Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of thc Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a bas/ness, including a pa~ip, 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 mom than 5% of the shares. YES NO ~ If you answered "YES", complete the balanc~ of this form and date and sign where indicated. Name of ~erson employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the ~plicanffagentJreprasenlative} and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the spa~ provided. The town officer or employee or his or her spout, sibling, parent, o* child is (check all that apply): __.A) the owner o fl0~ter than 5% of the shares ofth~ sorporate stock of the applicant (when ri~ applicant isa coq}oration); __B) the legal or beneficial owner ofen~ interest in a non-corporate entity (when the applicant is not a corporarion); __~2) an offienr, di~tor, partner, or employee of the applicant; or __D) the actual applicant. DESCRIPTION OF RELS, TIONSHIP Form TS I TOWN OF SOUTHOL[~ ~OPERTY RECORD CARD A~/~ /// LAND TOTAL AGE Tillo,ble I Tillable 2 Tillable, 3 Woodland Swampland B rushl~l~ ~ House Plot Total SEAS. B IIL, DI~G .,~ONDITIOI / ~> FARM DATE VILLAGE W DISTRICT ACREAGE ,,") TYPE OF BUILDING SUB. LOT I/COMM. IND. CB. MISC. FORMER OWNER .~.., .. 99-3-7 2/04 xtension ..... _~__ ~..~_. Basement ~. ~,~ Floors .~ ¢~ i~-_._ 1/~ _~7o/ . ,.~V V~.y'~ ~ Interior Finish Extension Fire Piece ?'l(( He~ ...... Z / yv ¢ //~ fl __ Porch __ ROoms 1st Flor Patio Rooms 2nd Floor Breezeway /~ ~ff~ /I ~Z~~ 27~ I.~ ~4~_ _ Driveway M. Bldg. Extension O.B. ,.37a/ Foundation Basement Ext. Walls Fire Place Patio Driveway Porch Porch Both Floors Interior Finish Heat Attic R6oms 1st Floor Rooms 2nd Floor 99-3-7 gar apt 2/04 Extehsion ~70/ Foundation Basement Ext. Walls Fire Place Porch Patio Driveway Porch Floors InteriorFinish Healt Attic- R6oms 1st Floor __~ Rooms 2nd Floor PROJECT I0 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 Applicanl or Project Sponsor) SEQR 1. APPLICANT / SPONSOR 1~2~ PROJECT NAME 1 4. ~ISE L~CATION: S~t Ad~ e~ R~d In~rse~ns. Prominent lan~s e~c ~ er Dray de mac ...... 6. OE~CBIBE PR~E~ BRIEFLY: 7. AMOUNT OF LRND AFFECTED: B. ~4~L PROPOSED ACTION COMPLY ~TH EXISTING ZONING OR OTHER R68TRI~I~N87~ ~Yes ~No [f no. desc.b, bHefly:f~eO~ ~omo~ Is S(.S ~oH T~P OF BLUe J9.~AT tS PRESENT ~ USE IN VICINI~ OF PROJECT? (C~easma~asapp¥) ~ t0. ~ES A~ION I~OLVE A PE~I~ APPROVe. 0~ ~U~ING, N~ 0R ULTt~TELy FROM ANY O~ER GO~RNMENTAL ~es n-lNe if y~s. list agency name end pe~rnit I approval: 6UILD~N6 DF-pL) II.DOES ANY,~A,~SPECT Of TIlE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~]Yes ~No g yes, Iisi agency name and permit / approval! ~es' AS A~__jNoU~ULT OF PROPOSED AC'rlON WILL EXISTING PERMIT/ APPROVAL REQUIRE MOD FICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment FOrm before proceeding With this assessment PART II - IMPACT ASSESSMENT (To be completed b)' Lead Agency) A. DOES ACTION EXCEED AN'~' 'i~'PE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate ~e review process and use Ihe FULL FAF. E-]Yes .l~No E~. WIL~L ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 N¥CRR, PART 61 ~'.67 If NO, a negam, a (tecla~al~x~n may be s u~*er,s~.~deci by another involved agenoy. Elves ONe C. COULD ACTtON RESULT IN ANY ~.D~RSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be haedwrfeen, if legible) r quality, surface or g~ounawetsr qualily or quantity, no,se tevels, exisJ~ng Ira ft'~: pattern, solid waste produclJon or ~isposal, C3. C5. Growth sub$o~uer~t development or related activities likely to be *nduced by the proposed action~ F~x~lath briefly C6. LO,~J term, short term, ct~mu~a~v~i'o~'o~er effectS "(~t identified in C1-C5~ 'E~lain Other lml~ects (thc ur;incl chencles tn use of either suerS- '~r '- '~ne ? sin b e '' ENVIRONt~TAL ARENA (CEA)? (If yes ~xplath tS THERE. OR I$ THERE UKELY TO BEl COI~ITROVERS¥ 8E~L~.TE~) ~1'O POTENTIAL ADVERSE ENViRONed H'm, AL MP.~CTS? if y~es.exp~aln: PART III - I~EJ ~[MINAT~Ibl OF SIQNIFIG~,NCE (To be ,~omHeted by Agen~-'y) INSTRUCTIONS: Foreaett adver~eeffectidentiltedabovi~,detsrminewhetheritiss~l~andal, large, importanter olherwisesfgnificant. Each effect ~h0uld be essessecl in ccr~nection with its ts) sefflng (.i.e. urban or ~rel) (b) probab ty of occurring; (c) Cluralion: (d) irreversib,~ity: (e) geographic scope; end (t) magnitude. If necessary, add al~achments or refere.~ce sLipper[log materiels. Ensure thst exslenations contsi~ yes, the ~eterminalJon of significance must eYaluate th e potential impact oft he proposed action on the environrnental chars ctertstlos of the CEA Name et Lear; Agency Date Tills of Responsible Ofl'~cer Pr;nt or Type Name of Responsible O~flcer In Lear; Agency Signature of Responsible Officer in Lear; Agency Signature of Preparer (if different from responsible o~cer) TAX LOT 9.4 LONG ISLAND SOUND I-I'WM 12-5-00 HIGH WATER MARK 3-8-11 121:nn TAX 6 JOB #10-258-SO SURVEY DF PROPERTY LOCATED AT MATTITUCK TOWN DF SDUTHDLD SUFFOLK CDUNTY, NY S,C,T,M,I 1000-99-3-7 CERTIFIED TDi NICHOLAS CUTRDNE ~F BLUFF COASTAL EROSION HAZARD LINE (10' WIDE - LOCATION ESTABLISHED PER MAP PROVIDED BY THE Z Z 6.0' I&t[2ST 6.0' #786 frei 21.9' Z GRAVEL DRIVEWAY FR GAR ~ 39' Total Parcel: 29199.6 Sq. Feet 0.7 Acres Area of Hazard Line Forward: 16004.2 Sq. Feet 0.4 Acres Lot Area Coverage Calculations; Total lot area; 29,199.6 Sq. Feet (0.7 Acres) Exisfinfi Lot coverage; lt826 Sq. Feet -- 6.25% Proposed added coverage; 274 Sq. Feet Proposed resulting lot coverage = 2,100 Sq. Feet - 7.19% Lot area landward of existing bluff = 19,004.1 Sq. Feet Proposed tot coverafie landward of existing bluff = 11.05% Lot area landward of CZM -- 16,004.2 Sq. Feet (0.4 Acres) Proposed lot coverage landward of CZM = 13.12% N 64°23'00'' E 257.6' z S 64023'00'' W 85.00' RIGHT OF WAY S 64°23'00'' W 312.0' = ~ AV~.) JUL 1 1 201l BOARD OF APPEALS PREPARED BY, DONALD L. MALM, JR LAND SURVEYDR 61 NASSAU AVE ISLIP, NY 11751 631-581-0003 SCALEI 1'= 30' DATEI MAR, 8, 2011 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTHOLD USPS Mailing Address: 53095 Main Road EO. Box 1179 Souxth~d, NY~I 1971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 July 12,201 Mark Terry, Principal Planner ~,~ ~,.~/_/ LWRP Coordinator Planning Board Office , Town of Southold ~~ ~/~J~~3.7-/ Town Hall Annex Southold, NY 11971 Re: ZBA File Ref: No. # 6496 CUTRONE, Nicholas k~J 1000-9 Dear Mark: We have received an application for an "as built" deck and proposed addition, 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. Ends. Very truly yours, Lesl'e~.K.~ ,isn~an Chai~r~o}n ~'~ BY:~~~ TOWN OF SOUTHOLD NOTICE OF DISAPPROVAL DATE: May 31, 2011 To~ Peter Gerace for Nick Cutrone 792 Connetquot Avenue Islip Terrace, NY 11752 Please take notice that your application dated May 13,2011 For permit for an "as built" deck and proposed addition at Location of property 786 Bailie Beach Road, Mattituck, NY 11952 County Tax Map No. 1000 - Section 99 Block 3 Lot 7 Is returned herewith and disapproved on the following grounds: The construction is not permitted pursuant to Article XXII Section 280-116A{ 1), which states: "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100' fi.om the top of such bluff or The "as built" deck is noted as being 27' fi.om the top of the bluff. The proposed 2 story addition is setback 51.5' /*- Author/zed Signature TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined .,20__ Approved ,20.__ Disapproved a/c J~ ~t .'~/{{ Expiration ,20 PERMIT NO. BUILDiNG PERMIT APPLICATION CHECKLI: Do you have or need the fol.lowing, before applyin Board of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form N.Y.S.D,E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: 1 3 2011 BLDG. DEPT. Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a , .. -,-r--:,;--,,- lvlD~ l be ~ ~mpletely filled in by t~ewhter o~ in ink and submitted to the Bufl~g ~spector with 4 sets of pl~s, acc~te plot pl~ to scale. Fee accor~ng to schedule. b. Plot plan showing location of lot ~d of buildings on premises, relations~p to adjoi~g pm~ses or public s~eets or areas, and wate~ays. c. The work covered by this application may not be commenced before issu~ce of Building Pemit. d. Upon approv~ of tbs application, ~e Building hspector will issue a Bulling Pemt to the applic~t. Such a pemit shall be kept on the premises available for ~gpection ~oughout the work. e. No building s~ll be occupied or used in whole or in p~ for ~y p~ose what so ever until ~e Building ~spector issues a Ce~ificate of Occupancy. f. Eve~ bulling pe~it shall expire if the work authohzed has not commenced wi~n 12 monks aRer ~e ~te of issuance or has not ~en completed wi~in 18 months ~om such ~te. If no zoning amen~ents or other re~lations affecting th prope~y have b~n ~ct~ ~ ~e ~t~, the Building ~spector may authorize, in wfit~g, ~e extension of~e pe~t for ~ add'ition s~ months. ThumPer, a new pemit shall be mquked. ~PLICATION IS HE,BY M~E to the Building. Dep~ment for the issuance of a Buffing Pemit p~su~t to the Building Zone Ordnance of ~e Town of Sou~old, Suffolk CounW, New York, and other applicable Laws, Or~ces or Regulations, for the constmcti6n of hullings, additions, or alterations or for removal or demolition ~ heroin described. The applicant a~ms to comply wi~ fll applicable laws, ordinances, building code, hous~ code, ~d re~lations, ~d to a~t autho~zed inspectors on pmmises ~d in b~lding for necess~ inspection~ ~ (Signa~e of applicant or nme, if a co~oration) (Mail~g ad~e~ of applic~t) State whe~er applicant is owns, lessee, agent, ~n~neer, general contractor, elec~ci~, plmb~ or b~lder Name of owner of premises ~ ~ ~,l<- COTt~N ~. (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 License No. Plumbers License No. Electricians License No. ~-Other Trade's License No. Location of land on which proposed work will be done: r, ,. ~ -;,.:, .~; House Number Street i'. , . ..., ,..,. --- Hamlet County Tax Map No. 1000 Section c~c~ Block '°o Lot Subdivision Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed Construction: Existing use and occupancy ~_ ,~-ro~."f E~Er~toEN6~ - Intended use and occupancy ~,~oPo~& Z $r,~,¥ ~-p~ll'to~. a¢~c~ 3. Nature of work (check which applicable): New Building Addition Repair Removal Demolition Other Work Fee 4. Estimated Cost r'lS~.. ~O Ext~rtu6 Alteration If dwelling, number of dwelling units / If garage, number of cars (Description) (To be paid on filing this application) Number of dwelling units on each floor If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions (~fexisting structures, if any: Front 3?.I :t: Rear Z~~ 3: Depth '~°~ Height '2.r= -t- Number of Stories ~. Dimensions of same struc{ure with alterations or additions: Front z~5,~:: :' ~ ~i :': :' , ' Rear'7_.r~ Depth 32} Height '.~ ~ Number of Stoi'ies 2~ 8. Dimensions of entire new construction: Front I ~! Height ~:3~ Number of Stories 9. Size oflot: Front ~ Rear IO~~ 4- 10. Date of Purchase ~kf'l~./t_ ~ooO Name of Former Owner 11. Zone or use district in which premises are situated Rear (51. ; Depth L .Depth ~ (~? - HEP,,.I~UIKT ~__~oL-o~3r.,bll~ lib'l- 12. Does proposed construction violate any zoning law, ordinance or regulation9 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 AddressZ4c,,80~ St.) 6.1-1~ Plkqne No~,16 qq~. c~r~- Address~,~"P't~onC~NoG~l ,'/."/~) o1~O. Address Phone No. 15 a. Is this property within 100 feet o~a tidal wetland or a ~eshwater wetland? *YES x~ NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMIT§ 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. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES __ NO · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF ) ~T~.. ~.E~.~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the ~ct4r'rEc-,'T (Contractor, Agent, Corporate Officer, etc.). of said owner or owners, ~ind is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this ap~l/.catio~l[~'~C~tte~to the best of his knowledge and belief; and that the work will be pe.,fformed in the manner set fo~lMj~[c~ ~eS~.{~),l~h,. · No. OJJ06188735 Sworn. t~b~or,e me_t~s,~/~ Quollfled In, ~ County ~ ' - Notary~b~ ' ' -- Signature of Applicant TAX LOT 9.4 LONG ISLAND SOUND ]'OB #10-258-SO SURVEY DF PRUPERTY LECATED AT MATTITUCK TD~/N OF. SDUTHDLD SU.FFULK COUNTY, NY S.C,T,M,, 1000-99-3-7 CERTIFIED NICHOLAS CUTRDNE PREPARED BY: DONALD L, MALM, JR LAND SURVEYOR 61 NASSAU AVE ISLIP, NY 11751 631-581-0003 SCALEI 1'= 30' DATE, MAR, 8, E0!! F ® '1 (~~-~:~,-~o,,FOUNPATION F:'L. AN TAX LOT LONG ISLAND SOUND GAR GRAVEL DRWEWAY l s c~°~'oo'' w ~.oo' ~ ~ RIGHT OF WAY TAX LOT A-1 RE¥1~ION¢ DEN GLO. BATH CONVERT BEDROOM TO N~ HOt4E OFFICE II II NEH ~ITOHEN B~- - =~% .... ~i_ _1_%/. NEF~DEC~ ~OOF BELO~ I ' I ---I_- I-_ I I I I I I 0/(2. II II BEOROOH OI~ITE NEJ~ d, lO. z I k II ltl _ (~F:~_ONT ELEVATION ~FINAL MAP ~_ ~ [~\~ IREVIEWED BY ZBA| FIN, FIf~ST FL. 1/4" = 1 -0' ELEVATION A-4 h, L (~)LD_F,T,, SLOE] ELEVATION 1/4 : 1-0' TOP.OP PLA~ - ~EV 5 ON5 L .FIN. IP ..... ir 1/4"-~ (0¢'¢.I ,.L,,,.` IREVIEWLD BY ZBA ISEE OEC~S~ON # ID^TED // /_%1 // A-6