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Home My WebLink About1000-71.-2-6 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 To; MEMORANDUM Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: November 29, 2011 Re: Coastal Consistency Review for ZBA File Ref. PATRICK and DIANE KELLY #6519 SCTM#1000-71-2-6 PATRICK and DIANE KELLY #6519 - Request for Variances from Article XXIII Section 280-124 and Article III Section 280-14 and the Building Inspector's October 17, 2011 Notice of Disapproval based on an application for building permit to construct additions and alterations to an existing dwelling at: 1 ) less than the code-required minimum side yard setback of 15 feet; 2) less than the code required combined side yard setbacks of 35 feet; 3) more than the code required number of stories of two and a half, located at: 215 Harbor Lights Drive (adj. to a canal), Southold, NY. SCTM#1000-71-2-6 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed actions are EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "F" and "11" which state: Granting of individual setback, lot line and lot area variances, except in' relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; II. Additions to an existing building or rebuilt residential structure which results in no net increase in ground area coverage, except where the parcel is located in a coastal erosion hazard area; The proposed actions are located greater than 100' from a tidal wetland. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. 'Cc: Lori Hulse, 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 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 The Application has been submitted to (check appropriate response): ~>.,,~ ~ TownBoard [] Planning Dept. [~ Building Dept. [] BoardofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location Site acreage: Present land use: S~ [:'76W~,kL.~I 15~]EIJc4i~x ~l/~l~41Or.~ ~.~:~; ~, ~ mresentzoningcl~sification: ~ (~o~-~8~G ~ ~;0~-~,~ If an application for ~e proposed action h~ been filed wi~ ~e Town of Southold agency, the folloMng infomation shall be provi~lc~ ~~ ~ (a) Nameofapplic~t:(.~ ~ ~i~ ~b ... ,,~ ~ ¢) Mailing address: (~ ~~ ~e.i &~ ~s ~8- (c) Telephone number: AreaCode~('~t~, '-[4"I7 tL°}0~c)~ (d) Application number if any: Will the action be directly undertaken, require fuj~ifag, or_approv_al by a State or federal agency? Yes ~ No[~] lfyes, which stateor federalagency?. 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 developinent. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~Yes [] No [] (Not Applicable - please explain) '1~_.. ~ I~'~l..-u~ ~o - ' A~ch addifioml shee~s if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of $outhold. 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 throttgh 7 for evaluation criteria ~ Yes [] No [] (Not Applicable-please explain) 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 evaluati[n 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 LWRP Section/II - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes [] No]~ (Not Applicable- please explain) Auach additional sheets if'necessary ,~ Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section IH - 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 I~nds, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [~ Yes~ No~ot Applicable- please explain) Attach 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. X[~Yes [] No [] (Not Applicable- please explain) AUach additional sheets ifnecessmy 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'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 through 68 for evaluation criteria. ~LYes [~ No [~ Not Applicable- please explain ,//k~-~-- ?/- z - / TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET .~ / ~' VILLAGE DIST. SUB. LOT ~N D IMP. TOTAL DATE RE~ RKS ~oo~v AGE BUILDING CONDITION NEW NOR~L BELOW ABOVE --FARM Acre Value Per Value ~ ~ ~ ~ ~ Tillable FRONTAGE ON WATER /~ ~~- - Wo~land FRONTAGE ON ROAD 7:, ~ _ Meadowland DEPTH 2_ :, ~ House Plot BULKH~D ~/.~ * Total DOCK COLOR c,o~,~ ~ TRIM· -Zxtension qK q~ -: -Zxtension Z-o /~, 2~ ~ -]xtension ~orch 3reezeway ~arage total Foundation Ext. Walls ~c, Bath· C ca-~u~ Floors . . nterior Finish l~inette LR. Heat Rooms 1st Floor Rooms 2nd Floor Driyeway Fire Place Type Roof BR. ~ Recreation Room ~ ~.~" Z~b ~ ,/ Dormer Page 1 of 1 Soullmld Tuwu ilali 53095 Main P-O. Box 1179 Sombold, New Yo~k 11971 Z. UA Pax (516) TOWN OF.SOU3TIO~ T~ ~ A L~' 215 I'~ ~a~ D~, ~d ~F~~ ~~~~ ~ Map ~Ha~ ~2~ ~ ~a~,~y~l~w~a~;~(Iot ~ w~ ~ li~, 1~4 ~ ~ ~ ~ ~ line, e~ ~1~ a l~ a~ ~ 20,~0 ~. ~ In ~ ~1 ~, a bug~ ~ ~ ~ ~ a 20 ~ ~ 40 ~ i~mund ~ ~ lm ~ ~s r~ at 29.03%, ~ S,818 ~. ~ V -- _ ir.u: &e~icants ~quest a Vaaance fia~ the p{auement of an t) Lot Coverage. Th~ ~ lot coverage with the odginaJ reqtest was 29.03%, o~ 5,8[8 ~1. ~ ]he lot coverage calcutaflo~ was ~ecluced by applicant, after discus~ons at the A~ril 22, 1999 hearing, from Z9,03% (5818 siL) eo Z4.06% (481Z lifO. An a~r~e~ su~t~y was subrmtted April 23, 1999 C~fin'ning applic:an~s r~visions. 2) Bulkhead SeU~ac~ The propOSed set.ok for me swimming peel vas r~vised for a di~~ ~ ~ ~nL A ~ewillsu~ ~las al~ ~, ~u ~ ~ 38~ ~ ~ ~ a ~m ~ ~ ~ 2~%,~2~.~,~m~~~d~fl~ http://24~38~28~228:2~4~/web~ink7/~mageDisp~ay~aspx?cache=yes&sessi~nkey=WL~mag~~~ 10/13/2011 Page 1 of I ZBA ARU{. t~. 468~ - V. C~ ~ Panel tD 1(]~)-71-2-6 residences ~ th~ nelgh~ enjoy h't-gn3und swimm{ng ~,~:l t~ ~.,~ no other kx:~dcms on ~= ixu~ wbfch wuuid nut require vadances to k~ In the ~e r~ 2~ m~mum- ~ ~ ~ ~ ~d~h (~ ~ and ~e ~), ~ a m~m~ h~ ~ ~n~ ~0~ http://24.38.28.228:2040/weblink7/ImageDisplay.aspx?cache--yes&sessionkey=WLlmag... 10/13/2011 New York State l:)epo,-;,,~rt of Environmental ~on,~-vation Division of ~wi~,nt~ i~.r~its Bu~ldin9 40 - SUt, lY, Stony B~k, N~w Ye~k 11,790-Z3~6 Telq~ho~ (516) 444.-036~ Fa~lmile ~16) ~,~,~,-0360 June 2,1999 .LETTER OF NONJURISDICTION-TIDAL WETLAND,,~ Mr. Patrick KeIly 30 Cathedral Avenue Garden City, NY 11530 Dear Mr. Kelly: RE: 1-4738-02257/00001 Kelly Properly 215 Harbor Lights Dc., Southold SCTM #1000-71-2-6 Based on the infermaflon you have submitted, the New York State Department of Environmental Conservation has determined that the property landward of the functional bulkhead greater than 100 fL in length, constructed prior to August 20, 1977 as shown on aedal photograph #72-2024 dated April 6, 1976 is beyond the jurisdiction of Article 25 Tidal Wetlands. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661 ) no permit is required under the Tidai Wetlands Act. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional bour~dary, as indicated above, without a permit. It is your responsibility to ensure that ell necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may inClude maintaining adequate Work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a tempora~.y fence, barrier, er hay bale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. MMR cc: K. Gralton, Inter-Science BMHP File Very truly yours, Permit Administrator FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Qffice of the Building Inspector Town Hall Southold, CERTIFICATE OF OCCUPANCY No Z-2.0972 Date AUGUST 2p~ 1992 THIS CERTIFIES that the buildln~ NEW DW~ING Location of Property 215 HARBOR LIGHTS DRIVE SOUTHOI~)c .NEW ¥OR~ House No. Street Hamlet County Tax Map No. 1000 Section 71 Block 2 Let 6 Stzbdivision Filed Map No. Lot No. conforms substantially to tke Application for Building Permit heretofore filed in this office dated october I1, 1991 pursuant to which Building Permit No. 20203-Z dated OCTOBER 11, 1991 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupaecy for which 'this certificate is issued is ONE F~4ILY DWELLING WiTH ATTACHED GARAGE AS APPLIED FOR. The certificate is issued to JOHN & VIRGINIA CAMPBRIJ. (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTHAPPROVAL88-SO-36 - JUNE 19, 1992 UNDERWRITERS CERTIFICATE NO. N-227257 - MARCH ~,..%99~ PLUMBERS CERTIFICATION DATED APR. 6~ 1992 - PECONIC PLUMB & HEATING Rev. 1/81 FOP~M NO, 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-27450 Date: 12/04/00 THIS U~K'rIFIES that the building ACCESSORY Location of Property: 215 HARBOR LIGHTS DR SOUTHOLD (HOUSE NO.) (STREET) (}LAMLET) County Ta~ ~ap NO. 473889 S~ctlon 71 Block 2 Lot 6 Sut~vision Filed Map NO. __ Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 10~ 1999 pursuant to whic3a Build/ng Petit NO. 26002-Z dated SEPTEMBER 20~ 1999 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 ACCESSORY INGROUND SWIMMING POOL WITH FENCE ENCLOSURE TO CODE AS APPLIF~D FOR & AS PER ZBA ~4683. The certificate is issued to PATRICK & DIANE KELLY ( OWNER ) of the aforesaid building. Rev. 1/81 ~-813~78 01/21/00 N/A 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 perndt, site plan approval, use variance, or subdivision approval on property Within an agricultural district' OR within 500 feet of a farm opera{ion located in agricultural district.. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning ~n accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicartt: ~-1:7,.1,~,~_?~_~ ~.~g_-_-_-_-_-_-_-_~, 2) AddressofApplicant: ~4, 3) Name of Land Owner (if other than applicant): .~'l[tol~ 5) Description of Proposed Project: ~:>t'l"~ ~ . 6) Location of Property (road and tax map number): 9..[~ 7} Is the parcel within an agricultural district? ]~qo I~]Yes If yes, Agricultural District Number 8) Is tt~s parcel actively farmed? ~'~.No I-lYes 9) Nme and address of any owner(s)'of land within the agricultural district containing active farm operatiOn(s)'located 500 feet of the boundary of the proposed project. (InfOrmation 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 Property Tax System. blame and Address (Please u,s.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 o'Appeals at Signature of Applicant ~ Note: . . 1. The local board will solicit comments from the owners of land identified abo¥o in order to consider the effect of the proposed act~6n on their farm operation. Solicitation will.bo made by supplying a copy of this stat~aem. 2. ~omments returned to the local board will b~ taken into consideration as part of thc overall review of this application. 3. Copie~ of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of thc board to the property owners identified above. The cost for mailing shall be paid by the aplSlic.ant 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. I-t4-09 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard E Goehringer George Homing Ken Schneider 53095 Main Road ° 1~O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 October 26,2011 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6519 (Kelly) Dear Mr. Terry: We have received an application for additions/alterations to an existing dwelling in Southold. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson Encls. 10-19-1'; 14:C, 6 ; To: Fred Weber for P & D Kelly 41 East Maple Rd. Greenlawn, NY 11740 2611384 ; # '/' /1 FORM NO, 3 NOTICE Olr DISAPPROVAL DATE: Oct. 1 Please Lake notice that your application dated Oe. tober 4, 2011 For to construct additions and alterations to an existing_ dwelline at Location of property 215 Harbor Liehts Dr., Southold. NY County Tax Map No. 1000 - Section 71 Block2 Lot_.6 Is returned herewith and disapproved on the followm, g grounds: The ~rot~ed construcfiva, va this non-conforming, 20.000 souare foot narc, el, is not permitted pursuant to Article XXIII Section 280-122 which ~tatc~: "N'oihi-~;z in this article shall be deemed to orevent the remodeline, reconstruction 9r enhrl~ement ora n~.L~conformin~ buildirm containin~ a conformine us~ orovided that such action doe~ not create any new non-conformance or increase the de~ree of non-eonf~rn~nce with r~ard to the per~ning to such buildings." The o~ addifiva~/alterationa, ut~on eomoletiva will have a sinote side yard setback of 13.3' and combined sethack~ of 26'. Therefore. thc nrooo~ed construction is not nenaitt~d pursuant to Article XXIII Section 280-124., which states that non-eonforminz lots. measuring 20.000 square feet in total size, requh'e a single yard setback of 15 feet and combined setback~ of 35'.. In addition, the propos_ed_~coj2.&trg_o_ti.o. Rn is not permitted pursuant to Article III Section 280-14 which stipulate~ two & a half as the maximum number of stories permitted_ The proposed plans ind/eate a third story. Authorized Signature CC: fi!e, Z.B.A Note to Applicant: Any change or deviation to the above referenced application may require additional review from the $onthold Town Building Department. 52 I~)YACK PA'IH, (PO BOX B74), WATER Iv'~I_L, I'~ YOR~ Ii976 TEL 681o 754-5555 41 EAST MAPLE ROAD, ~RE~ILAWN, hL=W YORK:, 11740 FAX 631-261-1084 October 12, 2011 Town of Southold: Zoning Board of Appeals, Trustees, Building Department Re: Renovations/Additions to Existing Residence, Patrick and Diane Kelly 215 Harbor Lights Drive, Southold, NY SCTM# 1000-71-2-6 ~ Please be advised that I have authorized Frederick R. Weber, Architect to act as my agent in applying for certain approvals through your agency and others iftvolved with this project. We request that all communications, correspondence, notices, approvals and calls be addressed directly to his office at 41 East Maple Road, Greenlawn, NY, 11740, phone (631) 754-5555, fax (631) 261-1084, email: Thank you. Dated: Fee: $ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. ~-~S Street ~r. ~ ~)F~q ~, Hamlet SCTM 1000 Section ~ ~ Block ~ Lot(s). ~ Lot S~e ~o I ~)~PE~ 'l'~ ~'I'I'EN DE~ATION OF TH ~; B~D~G ~SPECTOR DATED 0oT. gql ~l BASED ON S~Y/SITE PL~ DATED ~ Applicant(s)/Owner(s): ~ ~ ~ ~ ~t~ Mailing Address: $~ ~ ~.} ~ ~ ~ ~. I1~$~ Telephoae~- ~ Fax: ~ Email: ~ ~. NOTE: In addition to the above~ please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: ~---~1[_ ~:~!~ {?g.t~, r (~..Owner ( )Other: Address: ~ei ~ ~/~-I~ ~q~C>I ~C/.~E~i ~'~.'~. [~"]edC~ Telephone(~%h '~.~-~'~:~:~ Fax~{~') tlJol-~rO~'af Email:~~.Cooex Please cbeck to specify who you }~,ish correspondence to be mailed to, front the above names: ( ) Applicant/Owner(s), ~[Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED ff~aa~_~ S~/l~t~ and DENIED AN APPLICATION DATED Ot--Y. t'lt tL~t3, FOR: ~kBuilding Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance hv n-mbera. Do not quote the code.) Article: )/-.~ ~-~ Section: t~ Subsection: ~ 'Lq~i 0~ ~ Type of Appeal. 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 anytime with respect to this property, UNDER Appeal No(s). %(o~°~ Year(s). ~ .. (Please be sttre to research before completing this question or call our piece for assistance) Name of Owner: ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's s(gnaatre}: AREA VARIANCE REASONS: (1) An undesirable change will not be' produced in the CHARACTER of the n~ighborhood or a detriment to nearby properties if granted, because: Renovations/additions are being proposed to both improve the "character" of the house and to provide additional bedroom space. The existing house has a large blank cape-style reof which is being transformed with new roofs and dormers to add character and bedrooms. A third floor bedroom suite is also proposed, but is being built into the roof structure with little visual impact. (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 location and size of the existing hoase does not allow for any increase in the building footprint. Therefore additional bedroom space is being created over the existing house footprint_ Thc space is being conslructed with new roofs and dormers, the majority of which are setback from thc existing exterior walls in conforming locations. (3) The amount of relief requested is not substantial because: Thc zoning setbacks which apply to the property are for non'conforming lots between 20,000 sfand 39,999 sf. As the lot is exactly 20,000 sf, it is at thc minimum size and if it were just one square foot smaller would have conforming setbacks. The proposed third floor is built into the roof and easily meets the allowable height requirements. (4) The variance will NOT have an adverse effect or hnpact on the physical or environmental conditions in the neighborhood or district because: The additions are being built.over the existing structure and no footprint changes are being proposed. In addition a portion of the first floor living space is being surrendered to exterior porch space creating a more open feel and decreasing the impact of the house. (5) Has the alleged difficulty been self-created? ( )Yes, or ~No. Are there Covenants and Restrictions concerning this land: [3 No. [3 Yes {ntease furnish cot~v). 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. Cheek lhis box ( ) IF .4 USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE I/AR~ANCESHEET: (Pleasebes~o~~) ~ignature of ~ppellant or Authorized Agent {Agent must subn~t written Authorization from Owner) Sworn to before me this I~ day or C~'~. , 20_ti IqO. 010L6087'/9~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~I~.C)~2.[ L]~/\~-- _1~9]P_~17.1~, .,~.L(~4-~.. ~'~Date Prepared: ~t9/[ ~/[~ I. For Demolition of Existing Building Areas Please describe areas being removed: ~ttrr[Mda ~,~'? T~' ~ ['2,1~hrv~o~3~lZ)j 1I. New Construction Ar~_s (New D,w. ellig, g or New Additions/Extensions): Dimensions of first floor ~[.~' $'/i'~' ,(l$;t."~ Dimensions of new second floor: Itl.* ~.1 ~ G°? ~ ol4 ~'~o~rl'"~.ouxp~ D~iom of floor above s~ond level: l fi~$i q ~ Height (~om finished ~o~d to top of ridge): Is basement or low~t floor ~ea berg competed? ~yes, pl~e prohde heist (above meas~ed ~om natal existing ~dc to first floor: III. Proposed Construction Description (~terafions or Structural Changes) (attach cxm sheet ifnec~s~) - Please desm~ building ar~s:~ Number of Floors ~d General Ch~actedsfics BEFO~ Alterations: Number of Floom and Ch~g~ WrI'H ~t~atiohs: ~ ~O W. ~al~l~tions ~f~ildi~ ar~as ~ !~ ~ (f~ Existing square footage of buildings on yo~ pro~: Proposed increase of building coverage: Square footage of your Itt: ~) 0~ Percentage of coverage of your lot by bulldog ~ea: [~.~ V. Purpose of New Construction: ~ ~~/ VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 I~lr~:~O~ ~ (.. Mc~ "$'V.~.~--~4.~i~' ~?~>~1)4 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of .Ethic~ ~rohibits conflici~ of interest on the part of town officer~ and employces. The purpose of this form is to orovide information which can ale~ the town ofp~ihl~ conflicts of interior and allow it to take whatever action necess to avoid same. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.} NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance ~ Trustee Change of Zone Coastal Erosion Approval of plat Mooritt~ Exemption from plat or official map Planning Other (If"Other", name Ihe activity.) _ Do you pemonally (or through your company, spouse, sibling, parent, or child) have a relationship witl~ any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interesL "Business interest" means a business, !ncluding a partnership, in which the town 6ffleer or employee has even a partial ownership of (or em ploymere by) a corporation in which the town officer or employee owns more than 5% of the shares. YES biO If you answered "Y .I.1.1.1~", complete the balance of this form and date and sign where indicated. Name of person employed by the Town o£Southold Title or position of that person Describe the relationship between yourself(the applicanffagenffrepre~cotative) and the town officer or employee. Either check the appropriate line A) through D) and/or descfib~ 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 isa corporation); __.B) the legal or beneficial owner of any interest in a non-corporare entity (when the applicant is not a coq)Oration}; ___C} an officer, di~:tor, partn~r, or employee of the applicant; or __.D) the actual applicanL DESCPdPTION OF RELATIONSHIP Form TS 1 Submitted this. [ c( day of 0 C~- Signature ~ ~ ~ 200 I~ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Son/hokl's Code of FJhi~ ~gohihi!< c~nflie~ of interest on the oart of town officers/md emolovee~. The Dc~ /h/s form is to erovide information which can alert the town of ne,~!e conflic~ of intoner and allow it to take whatever action ;, n t av id s e. (Last name, first name, middle initial, unless you are apply/nE in/he name of someone else or o/her entity, ~uch as a company. If so, indicate/he other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance ~<~ Trustee Change of Zone Co~st~ Erosion Approval of plat Mooring Exeraption from plat or official map Planning Other (If'Other", name the act/vity.) 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 b~sine~ intcresL "Business interesti' means a business, including a parmershlp, in which the town 61~cer or employee has even a partial ownership of(or employment by) a coq)oration in which the town officer or employee owns more than 5% oftha shares. 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 (the applican~/agenlhepresent at iv e) and the town officer or employee. Either check the appropr/a~ line A) through D) and/or describe/n the space provided. The town officer or employee or his or her spouse, sibling, parent, %r child is (check all that apply): A) the owner o f greater than 5% of the share~ of the corporate sWck of the applicant (when the applicant isa coq)oration); __B) the legal or beneficial owner of any inter~l in a non-coq~orate entity (when the appliCont is not a co/porat/on); C) on officer, d/reetor, pan!net, or eraployee of the applicant; or D) the actual applicanc DESCRIPTION OF RELATIONSHIP Form TS 1 Submit~e~t this/~ fl d O/Y~ QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes X No Are there any proposals to change or alter land contours? ~ No Yes please explain on attached sheet. 1.) Are there areas that contain sand or wetland, grasses? 2.) Are those areas shown on the survey submitted with this application? 3.) Is the I~roperty bulk headed between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination &jurisdiction? Please confirm status of your inquiry or application with the Trustees: ~t~~ O~l~g~ %oox ~-R,qnex 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? MO 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 constnlction taking place at this time concerning your premises? [~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 pie-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 hst' present use or operations' conducted at this _l~arcel ~;tlq~ll~__ ~ntq iLIa__ -- - -.'---~-~'-"~b~U-~a ~. ~k~ ~ ~~ ~ ~ ~d~eproposeduse ~~ O~ S~¢~ ~ ~ ~ . (eX: exist~g single family, proposed: s~e wi~ g~e, ~ol or o~er) {uthorized signature and Date BU~ CANAL ~OOD S 64"05'10"E WOOD mOOD SU~¥1~'Y OF LOT 44 MAP OF HARBOR LIGHTS ESTATES, SECTION' SITUATED AT BAYVIEW, TOFN. OF SOUTHOLD SUFFOLK COUNTY, NEW YORK F: 07Z~6/1966 MAP NO. 4681 S.C.T.M. NO. 1000-71-P,-6 AREA = 80,000 $@. FT. ELEVATIONS ARE N.G.V.D. 19,89 DATUM FEMA ZONE: ZONE X, ZONE AE FLOOD INSURANCE RATE MAP MAP NO. 36105C0167 G POLE HEDOE ' CO~ ~ ~ ~/~8/~0 gONg ~o~ ~ (~u~) I~ROUND POOL $IAT~ pATIO HOT TUB ZON~ A~ / / (~8)/ Zo~¢~ X COAti'AL BARRIER ZON~ X 0,4'~. HARBOR LIGHTS DRIVE ~00.00' V FILE NO. T162tl SCJr.~..: 1" = 30' DATE: 05/EI/~008 PAT T. SECCAFICO PROFESSIONAL LAND SURVEYOR, P.C. - SUCCESSOR TO - DONALD TASk LS. RICHARD VaLHEI. M ~o Assocar~s NOR]7.~MR SURVWflN$. P.e. PAUL ?. ¢AIC4UZOo L$. ROBERT .4. KART, GOOD GROUND SUR~ORS, 328A Main Street Horn ton Atrium Unit 0-4 Center Morlches, NY 11934 18~ W. Montouk Highwa) Hompton o NY 1194~ Phone' 8 I 878-0120 Fo= (631) 728--6707 N.Y.S. UC. NO. 049287 COPYRIGHT - 20~$ PAT T. $ECCAFICO PJ..S. P:C. PROJECT ID NUMBER PART 1 o PROJECT INFORMATION 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be compleled by Al )licanl or Project Sponsor) SEQR 1. P lC ~?.PO B R NAME 3.PROJECT LOCATION: 4. PRECISE LOCATION: S~eet Addess and Road Intersec~ons. P~omi~ent landmarks elc -or orovlde mad 5. IS PROPOSED ACTION: [] New "~F-xpansion' I--~Modil~ca~oe/ailemaon 6. DESCRIBE PROJECT BRIEFLY: I_AMOUNT OF La, ND AFFECTED: [~' ~t~ ' /J,~,~OO '~.~. ) ~ ~ ~ ~t~? ~ I~Ua~ ~ ~,F a~s Ul~ately ~O ~,~. ac~ C~q~ ~ ~ ~ ~~ 8. ~LL PRO.SEa ACTION COMPLY ~H ~1~1~ ZONING OR O~ER RESTRI~IONS? ~Yes ~ NO If no. des~beb~e~: 9. WHAT tS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) ~Resldenlia, E]lndus~al [~Gornmerclal E]Agi.~culture E~Park/Foresl/OpeliSpace --1 Other (describe) t0. ODES ACTION INVOLVE ~n~RMIT APprOVeDR F~G. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, Stateor LOCal) N~JL~. ~ -- ~i.,"~.~t'~ ~ ~J'~3~-~J,~l.~ ~l.Yes []No If yes, list agency name and permit/ approval: .~r,~r~L4~. ~ - W~...~ ~'~ iT' II. DOES ANY ASPECT OF THE ACllON HAVE A CURRENTLY VALID pERMff OR APPROVAL? ~,~es []No If yes. list agency name and pemmit / approval: [ 1~3~S A ~_~ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Signature _ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART I! - IMPACT ASSESSMENT I[To be comp!eted by Lead Agency) A. DOES ACTION EXCEED AN~ ~'PE I THRESHOLD iN 6 NYCRR, PART 617.47 If yes. coordinate the review process and use the FULL FAF. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTEO ACTIONS IN 6 NYCRR, PART 617.6? ff NO. a negaUve dectaralion may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLO'AqNG: (Answers may be handwritten, if iaglb~e) Cl. ~..air qua'.*,/, su~.ce or .g~o~_ ndwater qua~,~y or quanh~y, noise levels, existing baltic pa[lem, sol/d waste production or disposal, potenl~al ~or erosion, draalage ~' lloodlng problems? Expiain bde/ty: /' I C2. A,~G,=;;C, a~a. ui{ur<d, a~',~i ~;u,jiL,=;, I,b,k.k~ er olbe~ natural or cuifuml msources;~)~ ~o~turlity or .ne~hb~n0~l ~h~ac~r? ~=xplatn briefly:' ! ............ _i C3. V~.~G~,, er fauna, r~sh..,~.~r~,%;, o~ wlififfe ~.~. slgnificant hablta~, ~'~'~med ~s~ ~bln bd~ ..- I ............ 1 C4. A ....... nlty's ex~ng, plans o* goals .as u.-~a~y adopted, o:"~'chang~in use or Inten~ty oguse o~"lal~ ~t a Lh e-r' hell,raj resource-~?-Exp~i~-~d~ fly: C5. Growth. subsequent developmenl, ~,=;.~=~ a-c~i~vi~, ,~ ~l~y-to ha In~d by the pi, oposed-a~fiO~.~-E.x ~laifi b~-,fi~; ...... 1 O. 'V'vl LL TH;' PROJE~'T HAVE AN IMP;~f- ON THE E~4VIRONMENTAL CHARAC'/~EI~,~?,CS T "H~T CAUSED "THE ESTABLISHMEI~If OF A ~I~ITICA[ ENVIRONMENTAL AREA [CEA~7 E_] yes i__.iNO ! [11 yes, explain briefly. ] PART III - D~: I e-.eudlNATION OF SIGNIFICANCE (To be ~onlp~eted by Agency) INSTRUCTIONS: F~reac~edve~see~ectiden~i~edab~ve~determinawhetherit~ssubstantia~a~e~mp~rtant~r~he~wisesigni~canL Each effec~ shOuld De assessed in connection wilh its (a) setting (i.e. urban or rural); (b) probability of OCCt~Ting; (C) duration: (d) ineversibilily; (e) geographic scope: and (f} magnitude, If necessary, add affachments or reference supporUng materials. Ensure that explenaUons c~ntain sufficient delaiJ to show that all ~elevant adverse impacts have been identified ced adequately addressed If quesllo~ d of part ii was chec~e<~ yes, the determination of significance must eyaJuate the potentJalimpact Of the proposed ection on the environmental characte~stics of the CEA Name of Lead Agency Date Title of Responsibia O~cer Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) LOT ~ CANAL ~ &4° 0~' lO' E q DOCK EXISTING INGROIJND SIUIMM~NG 18' POOL 38' EXISTING 5TONE PATIO r~ I LOT 44 I ~ E~IgTIN~ ~TO ' ' ' D~IVEmAY N &4= OB' I0' Iii LOT 4E 200.00' HARBOR LIGHT5 DRIVE b DJ N.Y.5. DEC NOTES: "LETTER OF NON-JURISDICTION" (ESEHIND FUNCT'ONAL BULKHEAD GREATER THAN IOO' LONG CONS'TF, CTED PRIOR TO AUGUST 20, WIT1) HOUSE I$ IN FEMA ZONE: X FLOOD INSURANCE RATE MAP HAP NO. $&lOSCOl~,q H PIROPEF~T7' OWHER; PATtRICK ¢ DIANE KELLY D,A¥ VIEUJ/ 5OUTHOLD TOUJN OF 5OUYHOLD EUFFOLK COUNTY, NS~ YORK SURVEY INFORMATION~ PAT T. 5ECCAFICO, 5URVEYO~ C~NTE~ ~O~CHES, SURVEYED: HAT 21, 2008 ELEVATIONS A~ N.G.V.D. I~ DATUH SURVEY OF LOT 44 MAP OF HAAtBOR LfGHTS ESTATES SECTION 2, SITUATED AT BAyVIEEI FILED 03/21,/IC1¢,(* MAP No, 448t SCTM~ IOOO-'ll-2-& LOT AREA: 20,000 5.F. ZONING: R-40 [NON-CONFOR, MING LOT 20,O00- YARDS: (PRINCIPAL) FRONT 40' SlOE lONE): SIDE (BOTH): REAR; 50' E~ULKHEA2; qB' HEIGHT (HAX.); ~B'. (2 I/2) STORIES LOT COVERAGE: 20~ SITE PLAN I" := 20'-0" WEBER DRAIIJING TITLE= ,51TE PLAN JOE,: RENOVATION/ ADDITION KELLY RESIDENCE 21S HARBOR LIGHT5 DRIVE BOUTHOLD, NY TOIIJN OF SOUTHOLD 8CTl1# 1000-11-2-& ARCHITECT= FREDERICK R. tUEBER 41 EAST HAPLE ROAD GREENLAtUN, NY 11140 !;2 NOYAC PATH UJATER MILL. NY Il'Il& FAX &3,1 2&l-ID'eH 8EAL; OCT 12, 2011 REV.= BEPT 2&, 2011 DATE= BEPT 23, 2OII ,SCALE : I" ' 20' JOE, NO= a2OIIOB DR AI, UlNG NO. OF AB . I IF It . -4, t FIR,.hT FLOOR PLAN I/4" = I'-0" WEBER DRAI"ING TITLE= I,~T FLOOR JOB.. RENOVATION/ ADDITION KELLY RESIDENCE 2IS HARBOR LIGHT-~ DELVE .~OUTNOLD. I'IY TOIIIN OF ~OUTHOLD 5CTH# IOOO-11-2-/- ARCHITECT: FREDERICK R. IUEBER 41 EAST HAPLE ROAD GEEENLAIIJN, NY II1~10 52 NOYAC PATH "lATER HILL, NY lift'1& TEL /,3,1 1E4-EEE!; FAX /-3,1 2/,I-IO84 SEAL: DATE: SEPT :33, 2OII SCALE: I' = 20' JOB NO.- m2OIIOE DRAItlING NO. OF Aa II ~.L SECOND FLOOR PLAN I'-O" ROBERT WEBER DRAWING~ TITLE: :2ND FLOOR JOB: RENOVATION/ ADDITION KELLY RE,51DENCE 21; HARBOR LIGHT5 DRIVE 5OUTHOLD, NY TO~IN OF -ROUTHOLD RCTIII IOOO-'II-2-& ARCHITECT: FREDERICK R. IIIEBER ~1 EAST PIAPLE ROAD GREENLAIUN, NY '140 ti2 NOYAC PATH [UATER HILL. NY lift'1/, TEL FAX /,$1 2/.I-IO84 SEAL: DATE; SEPT 23. 2OII SCALE: I" = 20' JOB NO: ~a2OIIOg DRAWING NO. OF A8 .} THIRD FLOOR PLAN~ ~EBER DRAEIING TITLE: FLOOR JOE}: RENOVATION/ ADDITION KELLY RESIDENCE 2IS HARBOR UGHTE DRIVE 5OUTHOLD, NY TOUR OF 5OUTHOLD 5CTII~ ]000-11-2-& ARCHITECT: FREDERICI~ R. ~EBER L" ROADI NY 11140 "fi EAST M~PLE GREENL~I[IN. NY B2 NOYAC PATH EATER MILL, NY I TEL ~1 DATE: EEPT 25, 2Oll SCALE ; I" = 20' JOB NO.- =2OIIO$ DRAIIJlNG NO. OF .I NORTH E. L F__~A T IO N i 5'10 U T H ELEVATION WEBER , , DRA~ING TITLE: ELEVATION~ RENOVATION/ ADDITION ~ELLY RESIDENCE 2~; HAR~R LIGHT5 DRIVE 5OUTHO~D, NY TO~N O~ 5OUTHOLD ARCHITECT: FREOERICK R. ~E~ER ~1 EAST HAPLE ROAD GREENLA~N, NY I~1~O S2 NOYAC PATH SEAL: D~ TE: SEPT 2~. 2011 SCALE : ff = 20' JC 5 NO: D; 'A~ING NO. ~0 IL iI LU , T E N I/4"---I'-0',' WEBER DRAUIING TITLE: ELEVATIONS JOB: RENOVATION/ ADDITION KELLY RESIDENCE 216 HARBOR LIGHTS DRIVE BOUTHOLD, NY TO[UN OF *e, OUTHOLD SCTHIt 1000-'II-2-& ARCHITECT.- FREDERICK 41 EA~,T HAPLE ROAD GREENLAmN, NY 11140 =~2 NOYAC PATH IIJATER HILL, NY Ilfll& TEL /-~,1 '1!;4-5566 /~31 2&1-1084 SEAL: kEV.: ~c~T, [0., 0~[\ _. DATE: SEPT 25, 2OII SCALE .' I" ' 20' JOB NO: 1112OIIOB DEA~ING NO. II SECTION AA ~GBE~T WEBER DI~AmlNG TITLE: ,SECTION,.~ JOB,: RENOVATION/ ADDITION I~ELLY RESIDENCE 215 HARBOR UOJ'IT~ DRIVE E~OUTHOL[~. NY .SCTH:~= 1000-II-2-& ARCHITECT.. ~REDER CK R. ~EBER 41 EAST HAPLE ROAD $2 NOYAC t=ATH I'A'I'EI~ HILL, NY IlqlZ [ TEL Z~l 1E,~-EEKE SEAL.. REV.: DATE: ,SEPT 2~,. 2Oll SCALE : I" - JOB NO= =2OliOS DRAILIING NO. OF A8