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Home My WebLink About1000-105.-1-4 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADD~.' P.O. Box 1179 Southold, NYl1971 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. EVE WINSTON #6520 SCTM#1000-105-1-4 EVE WINSTON #6520 - Request for Variance from Art. II1 Code Section 280-14 and the Building Inspector's October 19, 2011 Notice of Disapproval based on an application for building permit for a 'minor subdivision at; 1) lot size less than the code required 80,000 sq. ft. per Bulk schedule in AC District, located at: 3450 Private Road #13 (adj. to Long Island Sound), Mattituck, NY. SCTM#1000- 105-1-4. 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 action is INCONSISTENT with the below listed LWRP policies and therefore INCONSISTENT with the LWRP: Policy 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. The community character of Southold is defined by a pattern of open agricultural land interspersed with development clustered around a number of historic ham/et centers and along the many creeks and inlets found along the shoreline of the Peconic Estuary. Although Southold remains on the edge of the rapid residential development that is moving eastward from central Suffolk County, it has maintained the character of a rural community based on traditional uses such as agriculture and maritime activity. Increasing development pressure has focused on the Town's extensive agricultural areas and on the waterfront, threatening the rural character of the community and its natural resources. The followin.q Town plans support the clusterinq of density in and or near the Hamlet Centers, supporting the rural character of the Town, preserving natural resources and furtherinR the purpose of the R-80 zoninq district: 1. Parks and Recreation & Open Space Plan 1982 2. Master Plan Update, Background Studies (1984) 3. Master Plan Update (1985) 4. Town of Southold Comprehensive Plan: 1967, 1985 5. US/UK Stewardship Exchange Report- 1991 6. Special Groundwater Protection Area Plan (1992) 7. Southold Town Stewardship Task Force Report- 1994 8. 1994 Stewardship Task Force 9. Southold Township Planning Initiates (1997) 10. Community PreServation Project Plan (1998) 11. Water Supply Management & Watershed Protection Strategy (2000) 12. Scenic Southold Corridor Management Plan (2001) 13. Blue Ribbon Commission for Rural Southold (2002) 14. Town of Southold Hamlet Study (2005) The purpose of the R-80 zoninq district toqether with the 80,000 sq. ft. minimum lot size requirement is to establish lower residential density in areas not located within the Hamlet Centers and/or HALO areas (the Hamlet Centers and HALO areas density is I unit: 20,000 sq. ft. and .qreater with public water and sewer). The ciusterin.q of density capitalizes on existinq infrastructure. § 280-12. Purpose. · The purpose of the AgricuituraI-Conservation (A-C) District and the Low-Density Residential R-80, R~ 120, R-200 and R-400 Districts is to reasonably control and, to the extent possible, prevent the unnecessary loss of those currently open lands within the Town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the Town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. The increase in residential density units not located within or near the Hamlet Center/HALO areas over the permissible zonin.q district density does not support the character of the Town and further Policy '1. 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 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north ft~rk.net BOARD OF APPEALS TOWN OF SOUTttOLD Tel. (631} 765-1809 Fax (631) 765-9064 November 3,2011 USPS Mailing Address: 53095 Main Road 1~O. Box 1179 Southold, NY 11971-0959 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6520 WINSTON, Eve 1000-105.-1-4 Dear Mark: We have received an application for minor subdivision/lot line change. 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 ~vith recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Encls. LVe~ 171i~rmS'ar~ By: TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAl, DATE: October 19, 2011 LKMA lbr Eve Winston 437 South Country Road Brookhaven, NY 11719 Please take notice that your applicat ion dated October 3. 2011 For permit for a nm/mr subdjvis_ion__at_ Location ofprop~y 3450 Private Road #l 3, Matt/tuck, NY ~ - County Taz Map No. 1000 - ~eet~on 105 Block I Lot 4 ls returned hercwith and disapproved on the $:bltowing grounds: .T__h_e_.~op~sed subdMsion i.~ not permitted vursuant to Article Ill Section 280-14, which states: "., .no building or premises shall be used and no buildine or part thereof shall be erected or altered in the AC District...R120 unless the same conforms to the Bulk Schedule and Parking Schedule incomorated into this chapX~ by m.[gre~n, .c~,_with the same tbrce and ell~et as, if su.ch rcgulati~_n.s were set forth herein in full." Minimum lot size required in the AC District, according to the bulk schedule is 80,000sq.ft. The proposed lot line change would create a lot #1 measuring 74,021sq. ff. Also, as proposed, Parcel tt II, indicates a tennis court located within one foot of the lot line. On lots measuring 80,000 sq. ft. the required setback, per Article III Section 280-15, is 25'. Authorized Signature N PE.TY~ BASTER i GREAT ROOM CLOSET ,! FOYER TOILET STUDY ]1' X 13' !BATHROOM DINING ROOM 11' X 13' MUD ROOM BREAKFAST ROOM 15' X 10' LAUNDRY GARAGE 22' X 22' OO OO FIRST FLOL'~ PLPI,, ~OARD OF APPEALS BEDROOM 12' X 12' BATHROOM CLOSET OPEN TO BELOW i CLOSET BEDROOM 15' x 12' CLOSET CLOSE~ BATHROOM TOiLET/TUB BEDROOM ,~¢ %SE,SONB~ FLOOR PLAN REVISIONS THE FIELDS AT MATTITUCK LIIMA ,u,,o,, THE BORDEAUX FLOOR PLANS b K. McLEAN AE~OCIATES, P.C. Fee: $ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 3450 Street Private Road #13 SCTM 1000 Section 1000.Block 105 Lot(s) 01 Hamlet Mattituck Lot Size 04 Zone RSO I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED OCTOBER 19, 2011 BASED ON SURVEY/SITE PLAN DATED OCTOBER 3, 2011 Applicant(s)/Owner(s): EVE WINSTON Main.g Address: 98 CUTTER MILL ROAD GREAT NECK NY 11021 Telephone: 516-504-0004 Fax: Email: SSTAY@WINHAVENGROUP COM 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: LK MCLEAN ASSOCIATES PC .for~wne~Other Address: 437 SOUTH COUNTRY RD. BROOKHAVEN NY 11719 Telephone: 631-286-8668 Eax: 631-286-6314 Email: CDWYER@LKMA.COM Please check to specify who yo wu~sh correspondence to be mailed to, fro~ the above names: r-'-]Applicant/Owner(s), ~]Authorized Representative,[] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED SEPTEMBER 7, 2011 and DENIED AN APPLICATION DATED OCTOBER 19, 2011 FOR: Building Permit Certificate of Occupancy ( ) Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: H~ Section: 280 Subsection: ~4 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 ~Lhas, [~J has not been made at any time with respect to this property, UNDER Appear No(s). ~ Year(s). ~c4, ~.O . (Please be sure to research before completing this quesT[on or call our off'ce for assistance) IRI: t ~ IR/I\(t; 171: (I) ~.n undesirable chal~ge xsill not h~, produced iii the (iL\I~.\(It,'I,L oi tit(, nei~hi~orhm~d of :v THE PROPOSED SUBDIVISION OF LAND TO CREATE ONE (1) ADDITIONAL BUILDING LOT IS CONSISTENT WITH THE EXISTING CHARACTERISTICS OF THE FIELDS AT MATTITUGK SUBDIVISION LOCATED DIRECTLY SOUTH OF THE SUBJECT PROPERTY. (2) The benefil sought by the al)l)licant ( kNNOI' be achieved b,',' some method f'casible for lite THE VAST AREA DEEMED UNBUILDABLE AND THE REQUIRED MINIMUM WIDTH (25') FOR ACCESS TO THE NORTH PARCEL (EXISTING DWELLING ON THE BLUFF). I3) Ihe al]lO]lilt Of relief requested is not substantial because: THE AREA THAT THE NEW LOT IS SHORT IS EQUAL TO LESS AREA THAN THE AREA ASSOCIATED WITH THE ACCESS EASEMENT (5,979 SF versus the 8,375 SF for access) REQUIRED UNDER THE HIGHWAY DEPARTMENT STANDARDS FOR DRIVEWAYS AND ACCESSWAYS. ill Ihe neighborhood or dislricl because: (5) Has thc alleged (liH'icull3 been self-created? ~Yes, or ~No. ,Xre t]lere (~ovenants a~l(l I{eslrictio~ls co[]cerning this land: ~NO.~yCS(ideu.~ef, rnish~opF)' This is the Nl[Nl31UAl that is necessar) and adequate, and at Ihe same lime preserxe and protect the character of tile neighborhood and the health, sal'et3,, and well~re of the communJ{?. (7~ec~ lids baa' ~ 11: U&'I; I JR/.I,YCE IS BEING R~l l.;STI:'D. .,IND PLI~?JS~; ('031PLISTI:; TIlE Sign~ ,~p~llant or ,kuthorized ..X~ent Page 3 Application by: Assigned Application No. 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 lhe particular district where the property is located, demonstrated by compelenl financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating to the properly is unique because: 3. The alleged hardship does not apply fo a substantial portion of the district or neighborhood because: 4. The request will not alter the essential characler of the neighborhood because: $. 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.) (J'~J) Check this box and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to th~ si.qnature and notary area below. Sworn to before me this 2. day of..~.~.¥ ........... 2g~ ~_~1 A~ R While No~ap/Public, State of New Yo,'k No. 01 WH5072750 Qu~ied in Suffolk County Commission Expires Feb.lO, 2015 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of F~hic~ mob/bits conflicts of interest on th · · . the va~ of town officers ami employees. The v~ uu~ of ~s form zs to orowde mformatwn which c~n alert the town of oosslble conflicts of inte:~t and allow it to take whatever action i~ necessary to avoid same. YOURNAME: t 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 Mooring Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) bave a relationship with any officer or employee of the Torn of Southold? "Re ationship" includes by blood, marriage, or business interest. "Business interest" means a business, !ncluding a partnership, in which the town Officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. / YES NO ~' _ If you answered "YES". complete the balance of this form and date and sign wbere indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself tthe applicant/agenO'representative) and the town afficer or employee. Either check the appropriate line A) through D} and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, o'r child is {cheek all that apply): __A) the owner of great~ than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); __B) the legal or beneficia3 owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or ___D) the actual applicant DESCRIPTION OF RELATIONSHIP Form TS I Signature Print Name Southold Town Board of Appeals Appeal No.~ ~ . [~ Application Dated June 24, " ' Anthbny B. T0hill, P.C. [Appellant(s)] 12 First Street, Box 1330 Riverhead, NY llgO1 At a Meeting of the ZoninqBoard o£Appeals held on September ll~ 1986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for SpecialException under the Zoning Ordinance Article , Section [ ~ Request for Variance to the Zoning Ordinance krticle III , Section § ]00-30(C) and )00-32 £] Request for Application of ARTHUR AND BERNADETTE BURNS for a Variance to the Zoning Ordinance, Article III, Sections 100-30(C) and 100-32, for permission to construct accessory tennis court in the frontyard area, at 3525 Private Road #13 (right-of-way extendin9 off the end of Ruth Road), Mattituck; County Tax Map Parcel No. lO00-105-1-4. WHEREAS, a public hearing'was held and concluded on August ]4, 1986 in the Matter of the Application of ARTHUR AND BERNADETTE BURN~, Appeal No. 3532; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning t~is application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surroundin9 areas; and WHEREAS, the board made the following findings of fact: 1. The property in question is located at the north side of Private Road No. 13 in the Hamlet of Mattituck and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 105, Block l, Lot 4. 2. The subject premises contains a lot area of 5.483 acres and average lot width of 227± feet and is shown on survey revised May 23, 1986 by Young & Young Surveyors t6 be improved with: (a) a single-family, one-story frame house set back very closely to the bluff along the Long Island Sound and 677± feet from the southerly (frout) property line and 50± feet from the easterly (side) property line, (b) accessory inground pool distance 75± feet south of the dwelling structure, (c) 8' by 22'± accessory shed situated 327+ feet from the southerly property line and 58+ feet from the westerly (side) property line. (CONTINUED ON PAGE TWO)~ CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF A~PEALS DATED: September 17, 1986. Foz~ ZB4 (rev. 12/81) Page 2 - Appeal No. 3532 Matter of ARTHUR AND BERNADETTE BURNS Decision Rendered September ~986 3. By this application, appellants request permission to locate a 60' by 120' tennis court approximately 190 feet south of the existing dwelling in the front yard area. No fencing is shown or requested at this time, and it should be understood that this variance does not include an excessive-height relief for the fence. 4. The board agrees that the topography of the land and location of the existing structures lend to the practical difficulties in this matter and that there is no other method ~easible for appellants to pursue other than a variance. 5. It is also the understanding of this board that the tennis court will be limited as an accessory incidental to the single-family residential use of the premises and not operated for gain. In considering this appeal, the board also finds and determines: (a) that the relief requested is not substantial; (b) the practical difficulties claimed are sufficient to warrant a granting of relief, (c) there will be no substantial change in the character of the district; (d) the circumstances are not shared by other properties generally existing in the neighborhood; (e) there is no other method feasible for appellants to pursue other than a variance; (f) the setback of the proposed accessory tennis court will be substantially farther than that provided for new principal structures; (g) that in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that a Variance for permission to locate tennis court structure accessory and incidental to residen- tial use of this parcel, in the Matter of the Application of ARTHUR AND BERNADETTE BURNS, Appeal No. 3532, BE AND HEREBY IS APPROVED SUBJECT OI~--THE FOLLOWING CONDITIONS: l, The accessory tennis court be located not closer than 365 feet from the front property line as requested and not closer than 30 feet to the west property line; 2. No outside lighting around the tennis court structure, as proposed; 3. Excessive height of fencing, if any, is not to be considered part of this approval and may require another variance application for consideration after formal applica- tion to the Building Inspector. Vote of the Board: AyeS: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. GERARD P. GOEHR~NGER, C~AIRMAN September 17, 1986 APPEAL~ BOARD ~MBER8 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION Town Hall 58095 Main Road 1~O. Box 1179 Southold, New York 11971 Fax ~'516) 76.5-1823. Telephoae (510) 765-1800 Appl. No. ~221: Matter of ARTHUR BURNS. Request for a variance based upon the March 1. 199Lt Notice of Disapproval. from the Building Inspector concerning a building permit- application for fencing around the existing tennis~court, which height exceeds the requirements when located in a front yard; ref. Article XXlII, Section 100-231 of the Zoning. Code. Location of property:, 3525 Private Road ~13, Mattituck. NY; County Tax Map: PalLcdl- No. 1000-105-I-q. Zone.District: R-80 Residentiak WHEREAS, after due notice, a public hearing was held on April 6. 199~, at which time peroone-whe desired: to be heard were heard and their testimony recorded; and WHEREAS. the Board-has carefully considered all testimony and documentation submitted concerning thi~-application; and WHEREAS. Board Members have persona[b/ viewed and, are familiar with the premises, in question, its present zonmg, and the surrounding areas.' and WHEREAS, the Board made the.following. Findings of Fact: 1. By this application, appellant requests approva[-0f the placement of a .fence located within and along the front yard areas at a 'rata[ height of nine feet. and encompasses the existing 50 ft. by 120 ft. tennis cour'c. 2. A copy of a map has been submitted with this application which shows the following improvements: (a) preexisting one-story. Single-family dwelling-with screened-in porch and wood decks, all situated at the northerly one-half of the premises; [b) 60' by 120 ft. tennis court structure inground~ swimming: pool structure with brick patio; {c} 9 ft. wide asphalt driveway extending from the southeaatecly corner of the ~remises to a private right-of-way. 3. Article XX[II. Section 100-231 of the Zoning. Code permi[s fencing to be situated in a front yard area at a height of four feet or less. [Fences- along the side and rear yard' arena are Page 2 - Appl. No. B2zl Matter of ARTHUR BURNS Decision Rends-ed April 6. 199~ permitted at a height up to 5-1/2 feet,) Also, it is noted for the record that Section 100~33C of the Southold Town Zoning Code, applicable to all residential zone. districts, IJro¥1des ",,,in the case of a waterfront parcel, accessory build~ngs and etructutes may be located in the front yard, provkied that ~such buildings and structures Meet the front-yara setback requireme~ts, as.set forttt by this Code,.." It is the position of the Board' in conslde.-ing, this application that: [a} the property is uniquely situated at the weste~ty end of a private right-of-way {referred to as Private which establishes the front yard area, and.is s wated~f'ront parcel~ (b) the circumstances are directly related to the layout of the property and.are not personaL-to, the ]andowneFs; (c} the relief requested is not substantial,; the tennis court is set back greater than the requirement for a principal dwelling - quite distant from the i~ront property line. and the zoning code does. provide for buildings up to a height of 18 feet from ground, level in the same front yard area; {dj there will not be an undesirable-change in the character of the neighborhood OF detriment to nearby propertieS; {e) the relief requested will not cause-a substantial effect on available governmental facilities since the structure is a fence as a necessity to'the tennis court; {f) the difficulty was not sel.f-created; {g) there is no alternative for appellants to pursue other than a variance; (h) in considering al the above factors, the Yariance will not in turn be adverse to the safety, health, welfare, comfort. proper~Ues, or alter the essential characteF of the neighborhood since there is other {natural) screening at. heights above four ~'eet ACCORDINGLY, on motion by Member Wilton. seconded by Chairman Goehringe~. it was RESOLVED, to GRANT a variance as to the height of fencing around an existing 60 ft. by 120 ft. tennis court structure as built Page 3 - Appl. No. Matter of: ARTHUR BURNS Decision Rendered April 6. 199~ and. shown on the map submitted for consideration, provided that the fence heicjht not exceed 10 feet above qround level; Vote of. the Boa~:J: Ayes: Messrs. Doyen, Dinizio, Wilton, Villa and Goehrln~ger; This resolution'was~'duly adoptec~. lk RECEIVED AND FILED BY THE SOUTHOLD ?O~%~ CL2.2~i DATE ~/~ ~._/,~, HO-ga ,,~ f,~,~,..~ Applicant: Eve Winston APPLICANT'S PROJECT DESCRIPTION ( For ZBA Reti:rence) Date Prepared: October 31,2011 I. For Demolition of Existing Building Areas Please describe areas being removed: Existing asphalt driveway & PlO the tennis crt. will be removed for the purpose of establishing one additional building lot along the southern section of the existing parcel The new proposed roadway, complete with drainage installations, will provide access to the existing residential dwelling which will occupy the north section of Parcel #2 as per the proposed Site Plan I1. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 9400 Dimensions of new second floor: t200 Dimensions of floor above second level: 0 Height (from finished ground to top of ridge):34' Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: a basement will be constructed at this proposed dwellinq 111. Proposed Construction Description (Alterations or Structural Changes) (anach extra sheet ifnecessar3) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 2 story, 4 bedroom house with approximately 3,600 square feet of living space. Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: PARCEL I=l.t 05, SF PARCEL I1=t,883 $F Proposed increase of building coverage: PARCEL 1=2,400 SF, PARCEL Il=0 Square footage of your lot: PARCEL 1=74,02t $F, PARCEL 11=8g~1~7 SF Percentage of coverage of your lot by building area: PARCEL I=t.49%, P^RCEL 11--2.t t% (not including tennis cd.I V. Purpose of New Construction: The area variance is for the purpose of creating an additional (1) building lot where a new 2 story house will be constructed. The existing dwelling at the bluff will remain as the primary residence on Parcel 2 as defined on the site plan. The existing storage barn would be relocated and stay on the newly created Parcel #1. VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): The majority of the buildable area of the parcel is a 1 to 10 percent gradient while the far north section has steeper pitched slopes around the existing main dwelling on the property. While developing the access roadway plan with the Southold Town Planners and Engineer, the design professional identified the trees that would be affected by the access roadway created for the north half of the parcel (Parcel #2 on Sketch Plan). The difficulty in meeting the code lies soley on the area dedicated to provide access to Parcel #2 (8,375 SF) and as it relates to Parcel #1's yield (area). Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes ~' No B. Are there any proposals to change or alter land contours? No X/ Yes please explain on, attached sheet. C. 1 .) Are there areas that contain sghd or wetland grasses? 2.) Are those areas shown on the survey submitted with this application? 3.) Is the property bulk headed between the wetlands area and the upland building area? 4.) If yoh'r property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? ~//4 Please confirm status of your inquiry or application with the Trustees:/~rt.~,f,_:t',.~ .J,~...t .-r~'7,~e.~J'e, ,ct and if issued, please attach copies of permit with cornditio~s 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? Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? Ar~,~'e_..../Please show area of the structures on a diagram if any exist. Or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? 6r O If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: 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. ~ ._r,-~"e_. ~,/~.~/ ,~,~"~ 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 o,n your survey. ~.. .~. Please list present use or operations conducted at this parcel ",t~e_.) .~e.-~,~,'~ J ~ _.,~,t.~.:~/'~.~ ~.,.~.]'~ ~*"','~ ~"~"*~t.- ; ~*tit~e' (ex: existing single family, prop°sed:s~ewith garage, R9~51 or other) ,~ ~' .~ ~'~ APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER andOWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: L.K. McLean Associates PC (Owner's A[lent) (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: Tax Grievance Variance Special Exception lf"Other', name the activity: (Check all that apply.) Change of Zone Approval of Plat 1 Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relalionship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES~ NO [ ~/ l Complete the balance of this form and date and sign below ~here indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): I [ [ I A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); l B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); ] C) an officer, director, panner, or employee of the applicant; or I D) the actual applicant. DESCRIPTION OF RELATIONSHIP 2 Submitted this~q[ay~o f Signature: Print AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operaJion located in agricultural distric~ All applications requiring an agricultural data statement must be referred to the Suffolk Coun¢y Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: _~.~ \/~ 2) Address of Applicant: 3) N~e of Land Owner (if other ~an 4) Ad&ess of ~d Owner: ~ ~/, ~x~'~i~ 5) D~cdption of Propos~ Project:' 6) Location of Property (road and tax map number): [ C) .~'.-[oZ~ 7) Is the parcel within an agricultural district? ~qo I~]Yes tf yes, Agricultural District Number 8) Is this parcel actively farmed? ~j~o [~Yes 9) Name and address of any 6wner(s) 'of land within the agricultural district containing acuve farm t 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 numbem on the Town of Southold Real Property Tax System Name and Address 3o (Please t~e back side of page if more than six property owners are identified.) The lot numbem may be obtained, in advance, when requested from either the Office of the Planning Board al 765-1938 or the Zoning Board of Appeals at 765-1809. S~'~ature of Applicant Date Note: 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part oftbe overall review of this application. 3. Copie~ oftbe completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the apiSli .c.c.c.c~t at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 104 Edwards Ave. Suite Calverton, NY 11933 Sunrise Research Corp. 631-727-1308 Fax: 631-727-1309 Title: DEC 07085766 Premises: 3450 PRIVATE RD #13 County: SUFFOLK Town/City: Town of Southold District: 1000 Section: Village: 105.00 ~ Block: Date: 3/5/2007 Mattimck SNOT INC) 01.00 Lot(s): 004.000 CERTIFICATE OF OCCUPANCY SEARCH THE TOWN OF SOUTHOLD BUILDING DEPARTMENT HAS NO RECORD OF A CERTIFICATE OF OCCUPANCY ON FILE FOR THE ORIGINAL STRUCTURE. CERTIFICATES OF OCCUPANCY: NO. Z14950 DATED 10-6-86 - 1NGROUND POOL AND FENCE. NO. Z22999 DATED 5-13-94 - TENNIS COURT IN FRONT YARD WITH FENCING. NOJ Z25797 DATED 6-25-98 - NOT-HABITABLE STORAGE BUILDING. NO RECORD OF OPEN BUILDING PERMITS AS OF 3-5-07. SUNRISE RESEARCH CORP. DOES HEREBY CERTIFY THAT THE RECORDS OF THE ABOVE GOVERNMENTAL AGENCY wERE EXAMINED FOR DECISION 2000 REAL ESTATE SERVICES. THE INFORMATION REPORTED ABOVE IS A TRUE AND ACCURATE ABSTRACT OF THE INFORMATION REPORTED THEREIN AND NO LIABILITY IS ASSUMED. THIS REPORT IS SUBMITTED FOR INFORMATION PURPOSES ONLY. 0000005.00 0015.0o 0000020.00 FORM TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Scuthold, N.Y. Cerfificafe Of Occupancy No. Z14950 Date October 6, 19.8.6 THIS CERTIFIES that the building .... .I.n. ~; .r.o.u.n.d,, p~.t.m.m..5 p.~, p 9p.l.. &,, .f.e.n..c .e ........ LocationofPropexty35,2,5 Prtv. ate Road #13. Mattituck, N.Y. ..................... County Tax Map No. 1000 Section 105 . .Block ................ Lot, Subdivision ............................... Filed Map No ......... Lot No .............. conforms substantially to thC: Application for Bufldtng Permit heretofore filed in this office dated Ag 1' ~-~ ~ ~ · .......... 19 ~ J pursuant to which Building Permit clat~ i~,ay 22,, 81 .......................... 19..., was issued, and conforms to all of the requirements of the applicable provisions of the law. Th* occupancy for which this cettfficate is issued is ......... In,round ~.mmJ. ng goo]. & fen.ce The certificate is famed to , ?~.thur Burn..e (owt*er, of the aforesaid build/n§. SuffoLk County Department of Health Approval ....... .~/.A. ............................... UI'~DERWRITERS CtlRTIFICATE BIO .............. ~.3Aq ~ 9 ............................ FORM NO. 4 TOWN OF sOUTHOLD BUILDING DEPARTMENT office of the. Building Inspector ToWn Ha~l southold~ N,Y, ~.~IFICATE OF OCCUPANCY No S-22999 Date MAY 13, 1994 THIS CERTXFIE~ that t~e bsild£ng LOCation of P~oDerty 3450 pI;t.IV~'~E R~. ~15 ~ATTI~CK~ .coun~ Tax ~a9 NO. 1000 Section_ 105 Block 1 conforms substantially to the A~lication for Building Permit heretofore filed In this o~ice dated ~X 3~ 198~ ~suant to which 5ulldi~g Permit No. 15365-z dated O~TO~me 6~ 1986 was issued, mhd conforms to all of the rs~uirements o~ the applicable provisions of the law. The OOcupano¥ fO~ which this oe~tifioete is The certificate is issued ~o of t~e a~oresaid bu£lding, SUFFOLK CO~TY DEPARTMENT OF HF~LTH APPROVAL pLUmBERS CERTIFICATION DATED Rev. 1/81 FORN I~O. 4 D~te: 06/25/98 permit No. 23942-~, a&=e~ FEBRUAR~ ~6r 1997 NON-~IT~RT~ A~C~O~ ,~TO~E BUI~ING ,~ AP~XED FOR. EUPFOLK COUNTY DEp~RTF~NT OF HEALTH APPROVAL R~ff97.011~ ~DECTRICAL CERTIFICATE NO. pLUMBERS CERTIFICATION DATED Rev. 1/81 0s/04/98 N455120 06/03/98 0~4/06/98 A~=O~E;~O ;LUbm.~TI~a 104 Edwards Ave. Suite I CalYerton, NY 11933 Sunrise Research Corp. 631-727-1308 Fax: 631-727-1309 Title: DEC 07085766 Premises: 3450 PRIVATE RD #13 County: SUFFOLK Town/City: Town of Southold District: 1000 Section: Village: 105.00 Block: Date: 3/5/2007 Mattituck (NOT ]NC) 01.00 Lot(s): 004.000 BUILDING DEPARTMENT VIOLATION SEARCH We have been advised by the Building Department that a search of their records has been conducted for the above captioned premises. The following information has been found: NO RECORD OF VIOLATIONS AS OF 3-2-07, HOWEVER THIS DOES NOT INCLUDE A SITE INSPECTION. SUNRISE RESEARCH CORP. DOES HEREBY CERTIFY THAT THE RECOKDS OF THE ABOVE GOVERNMENTAL AGENCY WERE EX.~MINED FOR DECISION 2000 REAL ESTATE SERVICES. THE INFORMATION REPORTED ABOVE IS A TRUE AND ACCURATE ABSTRACT OF THE INFORMATION REPORTED THEREIN AND NO LIABILITY IS ASSUMED. THIS REPORT IS SUBMITTED FOR INFORMATION PURPOSES ONLY. 0000000.00 0015.00 0000015.00 104 Edwards Ave. Suite 1 Calverton, NY 11933 Sunrise Research Corp. 631-727-1308 Fax: 631-727-1309 Title: DEC 07085766 Premises: 3450 PRIVATE RD #13 County: SUFFOLK Town/City: Town of Southold District: 1000 Section: 105.00 Date: 3/5/2007 Village: Mattituck (NOT INC) Block: 01.00 Lot(s): 004.000 FIRE VIOLATION SEARCH We have been advised by the Fire Department that a search of their records has been conducted for the above captioned premises. The following information has been found: NO RECO1LD OF VIOLATIONS AS OF 3-2-07, HOWEVER THIS DOES NOT INCLUDE A SITE INSPECTION. SUNRISE RESEARCH CORP. DOES HEREBY CERTIFY THAT THE RECORDS OF THE ABOVE GOVERNMENTAL AGENCY WERE EXAMINED FOR DECISION 2000 REAL ESTATE SERVICES. THE INFORMATION REPORTED ABOVE IS A TRUE AND ACCURATE ABSTRACT OF THE INFORMATION REPORTED THEREIN AND NO LIABILITY IS ASSUMED. THIS REPORT IS SUBMITTED FOR INFORMATION PURPOSES ONLY. 0000000.00 0015.00 000001500 104 Edwards Ave. Suite 1 Calverton, NY 11933 Sunrise Research Corp. 631-727-1308 Fax: 631-727-1309 Title: DEC 07085766 Date: 2/28/2007 PATRIOT SEARCH A SEARCH OF THE LIST OF SPECIALLY DESIGNATED NATIONALS AND BLOCKED PERSONS MAINTAINED BY THE OFFICE OF FOREIGN ASSETS CONTROL, U.S. DEPARTMENT OF THE TREASURY, PURSUANT TO EXECUTIVE ORDER 13224 AS AMENDED BY EXECUTIVE ORDER 13268, REPORTS THE FOLLOWING HAS BEEN FOUND FOR THE ABOVE CAPTIONED COMPANY OR INDIVIDUAL WITH RESPECT TO THE NAME OF ENTITY OR INDIVIDUAL LISTED BELOW: [] No Entities/Individuals were found matching the name listed below. [] The following Entities/Individuals were found matching the name listed below. Name: ARTHUR BURNS FEDERAL REGULATIONS REQUIRE BLOCKING TRANSACTIONS WITH PARTIES WI-IO'S NAME~ APPEAR ON THE BLOCKED PERSONS LIST. A SUSPICIOUS ACTIVITY 104 Edwards Ave. Suite 1 Calverton, NY 11933 Sunrise Research Corp. 631-727-1308 Fax:631-727-1309 Title: DEC 07085766 Date: 2/28/2007 PATRIOT SEARCH A SEARCH OF THE LIST OF SPECIALLY DESIGNATBD NATIONALS AND BLOCKED PERSONS MAINTAINED BY THE OFFICE OF FOREIGN ASSETS CONTROL, U.S. DEPARTMENT OF THE TREASURY, PURSUANT TO EXECUTIVE ORDER 13224 AS AMENDED BY EXECUTIVE ORDER 13268, REPORTS THE FOLLOWING HAS BEEN FOUND FOR THE ABOVE CAPTIONED COMPANY OR INDIVIDUAL WITH RESPECT TO THE NAME OF ENTITY OR INDIVIDUAL LISTED BELOW: [] No Entities/h~dividuals were found matching the name listed below. [] The following Entities/Individuals were found matching the name listed below. Name: EVE STRAUSMAN WiNSTON FEDERAL ILEGIdLATIONS ILEQLrlRE BLOCKING TRA]qSACTIONS WITH PARTIES WHO'S NAMES APPEAR ON TH~ BLOCKED PERSONS LIST. A SUSPICIOUS ACTIVITY REPORT MUST AL~O.BE FIL~.D WITHIN 10 DAYS WITH TH]~ OFFICE OF FOREIGN ASSETS CONTROL (OFAC). N.~vlE MATCHES, WH~THJSR EXACT, SIMILAR OK A SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Ty~e of Instrument= DEEDS/DDD Number of Pages: 5 Receipt Number : 07-0080957 TRANSFER TAX NDMBER: 07-03182 LIBER: D00012520 PAGE: 226 District: Section: Block= Lot: 1000 105.00 01.00 004.000 EXAMINED AND CHARGED AS FOLLOWS $4,000,000.00 Deed Amount: Recorded: 08/30/2007 At: 10=24:07 AM Received the Followlng Fees For Above Instrument Exempt Exempt Page/Filing $15.00 NO Handling $5.00 NO COR $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO RA-STATE $75.00 NO TP-584 $5.00 NO Cart. Copies $0.00 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $16,000.00 NO Mansion Tax $40,000.00 NO C~.Pree $77,000.00 NO Fees Paid $133,155.00 TRANSFER TAX NUMBER: 07-03182 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A RILL Judith A. Pascals County Clerk, Suffolk County Number of pages TORRENS Decd/ Murtguge Tax Stamp RECORdEr, Recording / Filing Stamps l landling ~, O0 EA-5217 ICounty) EA-521T (Slate) Comm. of Ed. Affidavit sot, Total / Sub Total Real 07026326 2000 zosoo oxon 004000 Donald Freedman, Esq. 6900 Jericho Turnpike, Suite [OOW Syosset, New York 11791 00~.0O( Mailing Address Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total or Spec. 1 Add. TOT. MTG. TAX Dual Town -- Dual County --_ Held for Appointment -- Thc property covered by this mo(gage is or will be improved by a one or two family dwelling only. YF.S or NO __ Ir NO. see appropriate mx Communl~ Preservation Fund Cormiderallon Amount S CPF Tax Due aw s ]mpmvcd / e' TD /o TD TD 7 I Title Company Information Suffolk County Recording & Endorsement Page This page Forms pa. of ~he attuched d~ Arthur Burns m~de by: (SPECIFY TYPE OF INSTRUMENT) Thc premisim h~rein is Ritualed in SUFFOLK COUNTY, NEW YORK. TO In thc Town~h/p of Eve Strausman Winm/on In the VILLAGE or HAMLET of BOXES 6 q~HRDUGH 8 MUST 8E TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. ARTHUR BURNS raiding at 3450 Private Rund #13, Mattltuck, New York EVE STRAUSMAN WIN~FON residing at 98 Cutter Mill Rend ~G~t N'e~k, New York "SCHEDULE A A']'FACHED HERETO AND MADE A PART HEREOF" J~EING AND INTENDED to be the same premises conveyed to the party of first part by deed dated May 11, 1981 recorded May 25, 1981 in Liber 9007 cp 202 with the Clerk of the County of Suffolk. g~cmL~s ]rove ~en incurn~d i~ any why whnmver, c~ccp~ ~ a~ .o~d. ' . DECISION 2000 REAL ESTATE SERVICES INC. All that certain plot, piece or pm'eel of land, situate, lying and being at Mattituck, To~'n of Southold, County of Suffolk and State of New York, bounded and described as fo!lows: Beginning at a point at the northeast comer of the herein described premises on the mean high water mark of the Long Island Sound at the northwest comer of land now or formerly of Melinda Brady Jaques as Trustee; Running thcqce along said last mentioned land South 23 degrees 23 minutes 40 seconds East 1067.71 feet to the northerly side of land as shown on the map of"'l'he Fields at Mattituck, Map no. 11370"; Thence South 68 degrees 11 minutes 50 seconds West along said last mentioned land 228.40 feet to land nov.' or formerly of Douglas A. Cooper and Frances M. Cooper; Thence along thc easterly side of land now or formerly of Douglas A. Cooper and Frances M. Cooper the following (5) five courses and distances: (1) North 23 degrees 15 minutes 00 seconds West 170.00 feet; (2) North 22 degrees 44 minutes 40 seconds West 122.20 feet; (3) North 21 degrees 09 minutes 10 seconds West 290.74 feet; (4) Noah 24 degrees 03 minutes 30 seconds West 208.51 feet; (5) North 25 degrees 08 minutes 00 seconds West 284.85 feet to the mcan high water mark of the Long Island Sound; Thence along said mean high water mark of the Long Island Sound the following (2) two tic line courses and distances: (I) North 70 degrees 58 minutes 47 seconds East 96.07 feet; (2) North 69 degrees 46 minutes 51 seconds East 130.60 feet to land now or fomtefly of Melinda Brady Jaques as Trustee, first above mentioned at the point or place of Beginning. Together with a non-exclusive easement of ingress and egress for pedestrian and vehicular traffic over a certain 50 foot wide right of way to Ruth Road, a poblie road, as more particularly bounded and described as follows: Beginning at a point in the northwesterly terminus of the herein described right of way and at the southwesterly come[ of premises now or formerly of Melinda Brad)' Jaques as Trustee; , Representing Chicago Title Insurance Compat[v DECISION 2000 REAL ESTATE SERVICES INC. Running thence Noah 6g degrees l I miautes 50 seconds East Ihrough said last mentioned and along land now or formerly o1' Peter Psyllo and Elaine Psyllos, and along land now or Ibrmerly of Shannon Holding a distance of 560.50 I~et; Thence North 22 degrees 22 minutes 20 seconds West ahmg said last mentioned land u distance of 127.34 fl.'et; Thence North 72 degrees 13 minuts 50 seconds East along land of Pike and others a distance of 50.16 Ii:et to the westerly terminus of Ruth Road: Thence South 22 degrees 22 minutes 20 seconds East along the westerly terminus ol' Ruth Road a distance of 50.16 feet: Thence alo,tg land as shown on "Map of Sunset Knolls-Section 2". Map No. 5448 thc lbllowing (2) two courses and distances: South 22 degrees 22 minutes 20 seconds East a distance of 97.65 Feet; South 21 degrees 40 minutes 00 seconds East a distance of 26.011 Ii:el: ]'hence Soulh 68 degrc'cs 11 minutes 50 .~conds West 228.40 IL'et along thc northerly side of land as shown on thc "Map ol'the Fields at Mattituck. Map No. 11370', Thence North 23 degrees 2.'t minutes 40 seconds West 5O.02 Feet to thc point or place ol'Beginning. FOil INFORMATION ONLY: I)istricl 1000 Section 105.00 I'llock 01 .DO I.nl 1')04.000 Rcpresenfi~,~, ('bicago Tith' Insurance ('omptmy .~l~ m' New Vm~k, C~ n~ ot SUFFOLK ~.: ~ ~he/~ '~ay of August in d~, yca~ 2007 A~hur Bums ARTHUR BURNS 'FO EVE STRAUSMAN WINSTON Syouet, New York 11791 ~o ~ ~- ?~ s-/- ¢/ TOWN OF SOUTHOLD PROPERTY RECORD CARD i OWNER STREET ~ '~ ,2 ('.'~ VILLAGE LOT FORMER OWNER JEAS. TOTAL IMP. LAND ,Z 7do 70-o0 w o ¥illable 2 l'illable, 3 ~/eodla.nd ~wampland ]rushland House Plot FARM VL. DATE DISTRICT "'~rJB. - ACREAGE ~,50 TYPE OF BUILDING COMM. IND. ICB. MISC. REMARKS ~.. BUILDING C~qDITION '6 I ~ ~/~- / BELOW--- ~ "~1 ~ u Per Act alue 105.-1-4 11/07 M, Bldg. EXtension Extension EXtension /?£F (m Breezewo' Garag,e .7 ~,~.'O t'~F°undati°~n /~ ~ ~/Basement Walls Fire Place Patio Driveway Porch Bath Floors Interior Finish Attic Rooms 1st Floor Rooms 2nd Floor 105.-1-4 Garage 11/07 M~. Bmdg ~ X .¢-~ ' Z~.~,,,~"~ ~<~ '~"[..~-- ~(5c~.~ Foundation __. ~ Bath ~ Dinette CUEL Extension ~ ~ ~ ~ ~ Basement c..w~ Floors Kit uEx)ensi°n [~ ~ - 5t~%~ ~ ~4 Ext Walls 6~ C~E Interior Finish ~/~ LR Fire Place ~ Heat ~ ¢~k DR Patio - Woodstove BR Dormer 2 ~/' ~L v~¢~ Fin B Deck Attic Breezeway Rooms 1st Floor Garage Driveway Rooms 2nd Floor O.D.. 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 ,4rea. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 105 01-04 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: PROPOSED SUBDIVISION OF THE EXISTING RESIDENTIAL PROPERTY PROPERTY OWNER IS SEEKING AN AREA VARIANCE TO DIVIDE LOT. Location of action: 3450 PRIVATE ROAD #13, MATTITUCK, NY Site acreage: 5.58 ACRES RESIDENTIAL Present land use: Present zoning classification: R-80 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: EVE VVINSTON (b) Mailing address: 98 CUTTER MILL ROAD, GREAT NECK, NEW YORK 11021 (c) Telephone number: Area Code ( ) 516-504-0004 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~-~Yes ~ No ~-~ (Not Applicable- please explain) The proposed development of the existing property is in line with the local use and zoning regulations. 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 V~ Yes [-~ No ~-] (Not Applicable - please explain) Not applicable. Site is currently developed. 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 ~ (Not Applicable - please explain) As part of an effort to preserve and enhance visual quality and protect scenic resources the preservation of the existing vegetation in the area of existinq bluff is proposed. The owner has already invested in protecting the scenic resource by rehabilitating the dilapidated stair structure that once occupied the bluff area. Anach 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) The combination of a structural timber bulkhead and vegetat ve native ground cover currently protects the unbuildable bluff area from any loss attributed to erosion (water, wind) and the existing structures situated beyond the bluff. 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) The newly created parcel (Parcel I) shall use the existing water system (on-site private well), while the existing dwelling situated on Parcel il will use a new proposed water system (on-site private well). The proposed well (Parcel II) and proposed sanitary system (Parcel I) shall be installed in accordance with all SCDHS requirements. 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 III - Policies; Pages 22 through 32 for evaluation criteria. Yes [] No [] (Not Applicable- please explain) As part of an effort to protect a Town of Southold ecosystem, an approximate area of 79,932 square feet adjacent to an existing beach bulkhead wall is to be maintained as an unbuildable area. Any existing vegetation within the designated unbuildable area to remain undisturbed and to be "protected at all times during the construction. 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) No air pollution activities of any kind are being proposed under the scope of this project. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [~ Yes [-~ No [] (Not Applicable - please explain) No discharge and/or storage of hazardous waste is proposed under the scope of this project. The proposed sanitary leaching system is proposed to be installed at the Parcel 1. The residential leaching system will be located 1000 feet to the south of the existing beach area bulkhead. The proper approvals will be obtained from SCDHS prior to the residential sanitary system construction. The proposed private water well will be installed in compliance with SCDHS minimum buffer/separation requirements. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [~ Yes~ No [] (Not Applicable - please explain) As part of proposed project a new paved path (on surface approved by the Township) will be constructed in order to provide access to a newly created Parcel II. As per Southold Trustees Permit #6543 the wood stairs has been already rehabilitated for Parcel II. 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. ~-~ Yes [] No [] (Not Applicable- please explain) No establishment of any water dependant uses is proposed under the scope of the proposed project. A~ach 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 Not applicable based upon the scope of the proposed activity. A~ach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southoid. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [-~ No ~ Not Applicable - please explain The property has a residential use and is zoned R-80 (residential). No aflricu tura activities are proposed for the subject property. All proper soil erosion control measures will be executed before, during and upon the completion of the construction activities. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [~ Yes ~] No ~ Not Applicable - please explain The proposed activity is designed to promote an appropriate use of the energy and mineral resources. Specifically, the proposed new residential property can be equipped with an alternative source of energy supply - solar panels for example. The proposed water supply will be supplied form the on-site private water well. 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1 APPLICANT/SPONSOR ~2 PROJECT NAME Eve Winston (L.K. McLean Associates - Agent for Winston) /Eve Winston property minor subdivision 3. PROJECT LOCATION: Municipality TownofSouthold(HamletofMa~tituck) County Surt'o]k 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) The existing property (SCTM #: District 1000, Section 105.00, Block 01.00, Lot 004.00) is located at west end of Private Road #13, approximately 820' west of Sunset Drive and Ruth Road intersection. The address of the property is: 3450 Private Road//13, Mattituck, NY 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6 DESCRIBE PROJECT BRIEFLY: Thc proposed action is to subdivide an existing parcel (5.58 acres) of]and ($CTM #: District ]000, Section ]05.00, Block 01.00, Lot 004.00) in thc Town of Southold (Hamlet of Mattituck) aad add one proposed additional residence, complete with a proposed subsurface sanitary system. The newly created parcel (Parcel 1) shall use the existing water system (well) to remain. 7. AMOUNT OF LAND AFFECTED: Initially ~.b6 acres Ultimately 5.58 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] PaW/Forest/Open Space [] Other Descdbe: The present land use in the vicinity of the project is predominately residential and zoned R-80 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: Suffolk County Department of Health Services - Sanitary System permit approval, Subdivision approval. Southold Planning Department Final Sketch approval. NYSDEC private well permit. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAL D PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 12~ AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Christopher F. Dwyer, Associate (L.K. McLean Associates - Agent) Date: /'/'~ ~ If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER Reset ART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes, coordinate the review process and use the FULL EAF. B WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 61767 If No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Ans~rs may be handwritten, if legible) C1 Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4, A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6 Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No ~f Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: Foreachadverseeffectidentifledabove, determieewhetherit is substantial, large, imporfant or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); {b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the C EA. ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur Then proceed directly to the FULL EAF and/or prepare a positive declaration. ] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILl NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons suppoding this determinatior Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Reset OWNER'S AUTHORIZATION LETTER April 3, 2009 Re: Eve Winston Property minor subdivision, Formerly Burns Property) Ladies and Gentlemen: I, Eve Strausman Winston, owner of the property identified as SCTM# 1000-105-01-04 in Mattituck, NY, hereby authorize L.K. McLean Associates, P.C. to act as my agent and handle all necessary work i/v~lv~n the subdivision process with the Southold Planning Board. Signature~_..~~, ~J \/x~"~ ¥' Swom before me this 3~d day of April 2009, [Notary stamp] KlgY MAP (NOT TO SCALE) (SOURCE; MATTITUCK HILLS QUADMAP, 1956) 334.99' EL. 89,50' EL. EL. B1.50' EXISTING GRADE EL. 72.50' 17' 1,BROWN L) SILTY SAND (SM) \ TO MEDIUM SAND (SP) ~ NOTE: NO GROUND WATER ENCOUNTERED NOTE: THE TEST HOLE WAS PERFORMED BY McDONALD GEOSCIENCE OF SOUTHOLD, NY ON OCTOBER 13, 2009 TEST HOLE B-1 (NOT TO BCAI~:) .I I N~,l'O4qO"iV \ \ \ PROPOSED MINOR SUB-DMSION OF PROPERTY BELONGING TO EVE WINSTON LOCATED AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK ZONING DISTRICT: R-80 (RES/DENT/AL LOW DENSITY N/F WARREN B. BRADY & MARY SAVAGE BRODY TESTAMENTARY TRUST I ,/ / / FLOOR F1NISHED ZONING D/STRICT: R-80 (RESIDENTIAL LOW DENSITY A) S.C.D.H.S. APPROVED 1 ~500 GALLON CAPACITY (t) 1,500 GAL. CYLINDRICAL SEPTIC TANK (NOT TO SCALE) 8' MIN. SEPARAIION II S.C.D.H.S. APPROVED - LEACHING POOLS (TYPICAL OF 2) (NOT TO SCALE) Suffolk Co. Tax Map District 1000 Section 105.00 Block 01.00 Lot 004.00 Notes: S.C.D.H.S. APPROVED PROPOSED 1,500 GALLON SANITARY SYSTEM PROFILE (NOT TO SCAI~) FINAL MINOR SUBDIVISION MAP (SCAI~: 1" = 50') TOTAL AREA OF PARCEL I = 74,021± SQ.FT. OR 1.699~ ACRES TOTAL AREA OF PARCEL II 169,022± SQ.FT. OR 3.880-~ ACRES BUILDABLE AREA OF PARCEL 1i = 89,117m SQ FT. OR 2~046± ACRES NON-BUILDABLE AREA OF PARCEL II - 79,905= SQ.FT~ OR 1.834~ ACRES AE_EA FOR ACCESS TO pARCEL 1 625± SQ.FT. OR 0.014~- ACRES AREA FOR ACCESS TO PARCEL II 8,375± SQ FT. OR 0.192~- ACRES 1. Area of Parcel #1 = 74,021 Sq. Ft. (1.699 Acres) and is owned by Eve Winston 2. Fields at Mattituck subdivision surveyedby Young and Young in October 2006 and by L.K. McLean Associates, P.C. in April & September 2007 and March & April 2008. 3. Bearings shown are in Long Island Zone of the New York State plane coordinate system (NAD 1983) 3. Test Hole was performed by McDonald Geoscience of Southold, NY on October 13, 2009. 4. There are no known wells within 150' of proposed cesspools. There are no known storm dr~ ~a-i~-s~vi-t~i-n 20' of proposed cesspools. ?he're are no sitrface waters within 300' of parcel. 5. Proposed Residence as per "The Bordeaux" - Architectural Drawings by L.K. McLean Associates, P.C. - October 2011. 6. Proposed Sanitary System is designed for a total of up to 6 Bedrooms, (proposed building on Pared I will have 4 bedrooms). / \ \ \ / / / / / / / / / / LOT 2 I I I I I I I I I / / I PZ70F \ "Fields at Mattituck" \ ELECTR£C- MANHDLES CURB I I I I y System 1,500 Gal. Septic Tank (8' dia. x 5' Liquid Depth) with High Dome, 4' dia. Distribution Box and (2) - 8' Dia. x 8' Deep Leaching Pools, (Location of Future Expansion and Minimum Distances Shown). Distance to Existing Wells Exceeds Minimum 150' Requirement ' ~%+'X[~'°~ .~ ~ I hereby certify that the water supply(s) and/or sewage disposal sy*stem(s) for this project were designed by me or under my direction. Based upon a carefulll and lhorough study of the soil, site and groundwater conditions, all lots, as proposed, conflrm~ to the Suffolk County Department of Health Services construction standards In effect as *of this date, RAYMOND G. DiBIASE, P.E. NYSPE No, 56985 I hereby certify that the lots shown on this plat comply with the building zo~ CDHS REFERENCE NO.: R10-.09-0075 9/28/11 MCJ MCJ SUBDIVISION REVISIONS PARCEL 1 REVISIONS CFD CFD DATE BY DESCRIPTION APPROV. BY REVISIONS TOWN of SOUTHOLD Suffolk County, New York Eve Winston Property Minor Subdivision PROPOSED SITE PLAN L. K. McLEAN ASSOCIATES, P.C. CONSULTING ENGINEERS 437 SOUTH COUNTRY ROAD, BROOKHAVEN, l~W YORK SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES RECEIVED NOV 0 2 BOARD OF APPEALS Approved. By: CFD/RGD Sheet No, ~ate: OCTOBER S0, 2011 File No. 05031.000