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HomeMy WebLinkAbout1000-53.-6-5 OFFICE LOCATION: Town I-Iall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 £ MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning BOard of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date December 19, 2011 Re: Coastal Consistency Review for ZBA File Ref. NELSON FAMILY #6532 SCTM# 1000-53-6-5. Request for Variances from Articles XXIII and XXII Code Sections 280-124 and 280-116(B), based on an application for building permit and the Building Inspector's November 20, 2011 Notice of Disapproval concerning proposed deck addition to existing single family dwelling, at; 1) less than the code required minimum side yard setback of 10 feet, 2) more than the maximum code required lot coverage of 20%, 3) less than the code required bulkhead setback of 75 feet, located at: 2955 Bay Shore Road (adj. to Peconic Bay), Greenport, NY. SCTM#1000-53-6-5 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 the following below listed policies and therefore INCONSISTENT with the LWRP review pursuant to: Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: Maintain buffers to achieve a high filtration efficiency of surface runoff. A void permanent or unnecessary disturbance within buffer areas. Maintain existing indigenous vegetation within buffer areas. If the action is approved, it is recommended that a perpetual, landscape buffer (undetermined width) bo. required to protect the water body. An example definition of a Landscaped Buffer is as follows: LANDSCAPED BUFFER -- A land area of a certain length and width which is planted with indiqenous, drought-tolerant veqetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% qround cover within two years of installation. Survival of planted veqetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replantinq of vegetation and establishinq a four-foot-wide access path constructed of pervious material for access to the water body. [Added 12-15-2009 by L.L. No. 15-2009] Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney FORM NO. 3 NOTICE OF DISAPPROVAL DATE: September 26, 2011 Amended: 10/20/11 TO: Amy Martin for Nelson Family 205 Bay Ave. Greenport, NY 11944 Please take notice that your application dated September 13, 2011 For deck addition to an existing single family dwelling at Location of property 2955 Bay Shore,~Greenport, NY County Tax Map No. 1000 - Section 53 Block 6 Lot 5 Is returned herewith and disapproved on the following grounds: The proposed deck addition on this non-conforming lot, is not permitted pursuant to Article XXIII Section 280-124 which states~ "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10." For lots less than 20,000 sq. fi., the minimum required side yard setback is 10'. The' proposed addition indicates a side yard setback of 7.3'. In addition, the proposed deck addition is not permitted pursuant to Article XXII Section 280-116 which states: "All buildings or structures located on lots upon which a bulkhead, ... and which are adjacent to tidal water bodies other than sounds shall be set back not less than 75 feet from the bulkhead." The proposed deck addition is indicated at 30' from the bulkhead. AI¢~ the maximum lot coverage is 20%. The proposed lot coverage is 23.8%. /Authorized Signature Amended to reflect change in size of deck. TOV~N OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork. net PERNIIT NO. Examined .20 Approved ,20 Expiration ,20 BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm~Water Assessment Form Contact: ' ! ;, :!, ,ICATION FOR BUILDING PERMIT i lll['~= ?.;~ Date 7 //~ 2al~ a. pligati6n ~ST be completely filled ~ by Wpewriter or in i~ ~d submi~ed to ~e Building I p with 4 se~ of pla ~a~um~e plot pl~ to sere. Fee according to schedule ~ ector b. ~lot ~ showing location of lot ~d of buildin ....... ~e~, ~d va~e~ s gs on premmes, relaaonsh~p to adjmmng premmes or pubhc s~ee~ or c. ~~.~.~s apphcat~on may not be commenced before ~ssu~ce ofBml~g Pe~t. d. Upon approval of ~s applicatio~ ~e Build~g I~pector will issue a Building Pe~it to ~e applicant. Such a pe~it shall be kept on ~e pre~ses av~lable for ~spection ~oughout ~e work. e. No building shall be occupied or reed in whole or in p~ for ~y pu~ose whm so ever ~til the Building Inspector issues a Ce~ifieate of Occup~cy. f. Eve~ build~g pe~it shall expire if~e work authorized h~ not commenced wi~in 12 months a~er the date of iss~nce or h~ not been completed wi~ 18 months ~om such date. If no zoning amendments or o~er regulations affecting the prope~ have been enacted in the ~inte~m;~the Building Inspector may au~o~ze, in writing, ~e extension of the pe~it for an addition six months. ~erea~er, a new ~it~ be required. ~..-,~- ~PLI~_~ ~., _ ~- _ e Building Dep~ent for ~e issu~ce of a Building Pe~it pu~u~t to ~e Suffolk Coun,, York, o er applicable Laws, Ordinates or ~egmatm~, f~b] ~ ~ ~ o Nfildi~d]~h~]ions' or alterations or for removal or demolition ~ herein described. ~e ::~ a~~:;~3~¥ordm~ces, braiding code, housing cod% ~d regular,ohs, ~d to adm,t d ms~ r ' ' ' rTYWI~W" ~I~q~I~IDUlI~I~ necessa~ mspectlons. ~ /7 r, , ~ _ ~u~, u ......... , ~ ~am~f appi~c~t or n~e, if a co~omtion) State whether apphc~t ~s~er, lessee(~chitect, engineer, general contractor, elecffici~, pluZb~ or ;~;rt '/ Name ofo~er ofpremises ~SO~ ~~ (As on ~e ~x roll or latest deed) If applicant is a co~oration, signature of duly au~orized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done' o q55- ' Hous6 Number Street County Tax Map No. 1000 Section 5"---~ Block O fo Lot ~),5'" Subdivision Filed Map No. Lot 2. State existing use and occupancy of premises and intended u~e and occupancy of proposed construction: a. Existing use and occupancy ~r>~/t.J~ ~. b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Addition / Alteration Repair Removal Demolition Other Work 4. Estimated Cost Fee 5. If dwelling, number of dwelling units .( Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front c~4/i 3 Height. Number of Stories / (Description) (To be paid on filing this application) Depth Rear ~4/ .-~ ' Dimensions of same structure with alterations or additions: Front ~ q~ ~ Rear Depth ._~, ~," Height ~ Number of Stories ! 8. Dimensions of entire new construction: Front Rear /g t Depth oqff ~' ' Height .. Number of Stories ~.o¢.-r~ at ,a_ ~, ! 9. Size of lot: Front ,~O Date ofe cbase ,. jqT / 10. 11. Zone or US~' district in which premises Rear .5'-~ t Depth Name of Former Owner are situated ~ 12. Does proposed construction vaolat~ any zomng law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO /Will excess fill be removed fi.om premises? YES NO 14. Names of Owner of premises /]/~'-L~0,&/ Address Phone No. , Name of Architect/~_ .~:~a.r-~ Address ~::~t'~TJ~,~.~lt~ Phone No Name of Con,_tracto_r Address Phone No. 15 a. Is [his property within 100 feet of a tidal wetland or a fi'eshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet cfa tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO v// · IF YES, PROVIDE A COPY. STATE OF NEW YORK) OO T¥ ~/Tlt~ /r~ ~t~/t~ ,~'/K) being duly sworn, deposes and says t~ ~ql~qlicant (Name of individual signing contract) above named, Notary pffo~o, ~e o~ N~w Yoflt (/~ ~5~,~,"2~ '~ ' No. 01BUt~18,,~)80 is the Qua Ifled In SultOl~ C..o.unty~ .... ~ / / (Contractor, Agent, Corporate Officer, etc.) Commission ?.Xpl~ ~pm ,*+, ~4- ~1 of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this [ ~ day of~~ 20 [] Notary Public jignatu~e of Applicant NON-TURF BUFFER LOT COVERAGE EXISTING 5TR. UCTURES: I, 144 50. FF. / G, I ~7.7 SO. ~F. = 18.5 % PROPOSED DECK: 327 50. FT. PROPOSED LOT COVEP-.AGE: 1,47 I SQ. FT. / G 178 SQ. PT. = 23.8 bO1 5~ 51TE PLAN SCALE: I"= 20' \ LO1 50 NE S66.09' 00'' ,g BA,t'FD ON SURVF¥ Of-PROHf/?TY A T ARSHAMOMOQUE, TOWN OF* .?OUTHOLD SUFFOLK COUNTY; N, X TAX MAP NO 1000-5~ 06 05 JUN£ 29, 2011 AFC'F'A=6,655 ,S'Q, ?T. ?Q 71~- //NEZ' ELEVATIONS REF£-RENCED TO N.G. ~D. ~9 LOT NUML?t~S ~EF~R 7~ '~XMEN~ED MAP A,~ B[;CQN/C ~AY ESTATES' /TLED /M ~WE SO'FFQL~ cOUNTY CLER'K'S ()FFTCE AS MAP NO. 1i24. NELSON RESIDENCE 2955 BAYBHORE ROAD GREENPORT, NY ROBERT I. BROWN ARCHITEC,,T, ?.C. W/ ffAIRWEATNER DESIGN ASSOCIATES, INC. 205 DAY AVE., GREENPORT, G3 I 477 ~752 NEW YORK, I 1944 ffDDAINC~OPTONLINE. NET Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road PO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 December 6, 2011 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 DEC - 6 2011 Re: ZBA File Ref. No. # 6532 NELSON FAMILY 1000-53.-6-5 Dear Mark: We have received an application for a deck addition. 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. Encls. Very truly yours, By: ~,_~7 ¥~ SHELT£~ soUND isLAND N SURVEY OF PROPERTY AT ARSHAMOMOOUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-53-06-05 SCALE: 1'=20' JUNE 29, 2011 ~ 5° .16 R. EC~IVED BOARD OF APPEALS AREA=6,655 SO. FT. TO TIE LINES ELEVATIONS REF!'-_RENCED TO N.G.~D. '29 LOT NUMBERS RiEFER TO "AMENDED MAP A - PECONIC BAY ESTATES' ,¢,:LED IN THE SUFFOLK COUNTY CLERK'S OFF/CE AS MAP NO. 1124. ANY ALTERATION OR ADDITION TO THIS SURVEY IS A ViOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION ?209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VAUD k;-OR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COP/E:"; BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNA TUR£ APPEARS HEREON. ~--~J~'~////-¢~-~- N.Y.S. LIC. NO. &961~ /F~CONf~ "SER"~VEYORS, P.C. (6J1) 765'5020 FAX (651) 765-1797 P.O. BOX 909 12Z0 TRAVELER STREETI SOUTHOLD, N.X 11971 11--166 RECEZVED BOARD OF APPEALS ~EC~VED ~OARD OF AppE41,~ Fee; $ Filed By: APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No.gl.f~.5' Street ~,L.S, [hof?-~ SCTM 1000 Section C5'~ Block Hamlet i* Lot Size ~t7 g ~ne I (WE) APP[AL~THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ]0]'1.0 /t I BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): ~j~l$ o rq ~q~ t {~C[ Mailing Address: .26/'~ ~OO~T- ~-' '--~re::~[¢/~ vn Telephone: Fax: Email: to/i./. 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: Please check to specify who you wish~rrespondence to be mailed to, from the above names: ( ) Applicant/Owner(s), ( I)fAuthorized Representative, ( ) Other Name/Address below: WHEREBY THE.BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED IO ]12~'l)l and DENIED AN APPLICATION DATED c~/l~] II - (v5 Building Permit - - ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: ~<>{llt Section: ,,~ot't~/~ ~ [[(a Subsection: Type of Ap/peal. An Appeal is made for: ( ~ A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal (~ has, ( ) has not been made at any time with respect to this property, Appeal No(s)..377L'~ Year(s). /~{~_~-~ . (Please be s.re to UNDER research befi3~ e completing this question or call our o/jice.fvr assistance) Name of Owner: ZBA File # REASONS FOR APPEAL (additional sheets may be used with preparer's s(gnature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (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: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (S) Has the alleged difficulty been self-created? (~Yes, or ( )No. Are there Covenants and Restrictions concerning this land: ~No. ~ Yes (please [urnisb cope~. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Signature o~/~Jppellant or Authorized Agent (Agent must su~'nlit written Authorization from Owner) Sworn to before me this -~ dayof~0~ ii _. Notar~ BRITTANY A. GENOINO Nola~ Public, Slate of New York No. 01GE6245154 Qualified in Suffolk County ....~- Commission Expires July 18, 90 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION subject prem. is/listed on the real estate market for sale? Is the Yes ~v No A~efih/ere any proposals to change or alter Iand contours? v 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 submi~ed with this ~plication? 3.) Is the property bulk headed between the wetlands area and the upland bui~/ting area? 4.) If your/property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination ofjurisdiction?~ .Please confirm status of your inquiry or application with the Trustees:P~F0~bO' 7q~i~' ~)P_.~xiSt ~ Fl't 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? ~xl O Are there any patios, concrete barriers, bulkhea~ts or fences that exist that are not shown on the survey that you are submitting? ]~f) Please show area of the structures on a diagram if any exist or state none on the above line. Do you have any construction taking place at this time concerning your premises? yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: If Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? ~ ~ If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel ~r~ {a :-~m c(.~ I'-P~c¢l~C-~r~ and the proposed use ~'~ I~~ 4~-~r~,~l..-~.~ ~ 1/'~/.~[ ~UI~._~ . (ex: exist~g s ng e fam y, proposed: same ~vith garage, pool or other) APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: ~xtt:_ 6~.~ ~,, Date Prepared: i~/ ~ tt I. For Demolition of Existing Building Areas Please describe areas being removed: 1I. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: D~CI<_ Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 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: I ~, '~ Proposed increase o f building ,coverage: ~:.~] .5; ~ Square footage of your lot: (~ [ '? q Percentage of coverage of your lot by building area: V. PurposeofNewConstruction: ?'C Abo a_,~ cordoe~' ¢~*,,~q 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 TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this fom~ 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: (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 thc other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance ~/' Special Exception If ~'Olher", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, man'iage, 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 Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted th~,s ~Pday of~ CA/~C.'C, '~ O Print Name: ~c ~w~ ~, Me./3c, ~ APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibi~ conflic~ of interest on the part of toum officers and employees. The ~umose of this form is to provide information which can alert the town of possible conflicts &interest and allow it to take whatever action is necessary to avoid same. ( as name, first nme, middle initial, unJ[ss you are applying in the name of someone else or other entity, such as a company. I f so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance ~ r Trustee Change of Zone Coastal Erosion Approval &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) }lave a relationship with any officer or employee of the Town of Southold? "Relationship' includes by blood, marriage, or business interest. "Bus/ness interest" means a business, thcludthg a partnership, in which the town Officer or employee has even a partial oua~ership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO ~ lfyou 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 applicanffagent/representative) and the town officer 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 (check all that apply): . _ A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner &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 Submitied this ~-~day of/" ~---.~..-~20~ Signature_ KyJ/7794~/~/~ ~/~5~14 ~ ~ Print Name ~ /~-~ ~ ~ FAIRWEATHER DESIGN ASSOCIATES, INC. 205 Bay Avenue Greenport, N.Y. 11944 631-477-9752 (fax) 631-477-0973 AUTHORIZATION (where applicant is not the owner) (~aili.~ address) ~ ' do hereby authorize Amy K. Matin, or other of Fairweather Design Associates, Inc. to act as my agent to apply for all pe~its necessa~ for the proposed work to be perfo~cd at ~Q~N ~)~ ~c~C~ ~. ~2r~*:~./ ~ ~ )l ~ , ( Owner's signature ) 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 500feet of alarm operation located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: t,~c~. 2) Address of Applicant: ~.ci ~% :~.,q ~a~t-' ~.~ C. 3) Name of Land Owner (if other than applicant}: 4) Address of Land Owner: 5) Description of Proposed Project: I:~F~ 'F~SC-t 6) Location of Property (road and tax map number):~t~'-~4-~C 7) Is the parcel within an agricultural district? [~No I-lyes If yes, Agricultural District Number 8) Is this parcel actively fanned? [--"q~No I-lYes 9) Name 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. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 oj' !he Zoning B. oard of Appeals at 765-I 809. / Signa~r~of Applicant Date Note: 1. The local ~d will solicit comments fiom the omers of l~d identified above in order to ~nsider ~e effect of the pro~sed action on their f~ o~ration. Solicitation will be made by supplying a copy of this statement. 2. Comments re~med to ~e locaI bo~d will be ~en into consideration as p~ of the overall review of this application. 3. Copies of the completed Agricul~ral Data Statement shall be rant by applic~t ancot the clerk of the ~d to the prope~ o~ers identified above. The cost for mailing shall ~ paid by the applic~t at the time the application is submi~ed for review. Failu~ to pay at such time me~s the application is not complete and c~ol ~ acted u~n by the bo~d. 1-14-09 b ~ o ~-~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER N S VILLAGE E W DISTRICT : SUB. ,rd' , V/ ACREAGE TYPE OF BUILDING RES. ,',~ LAND /6~ 0 NEW IMP. SEAS. /9¢0 NORMAL Farm Acre Tillalble 1 Tillable 2 Tillable 3 Woodla:nd VL TOTAL FARM DATE ABOVE Total Swampland B rushlc~ ~'~_ House Plot Value Per Acre LDING CON BI?~l BELOW Value ...... of 11:[~ Zonhl~ Ordinance, and the decision Df tho Building Imspectar ( ) be reversed ( ) be C. I. ~bFU, eaet ~ ~c~Xc ~y, s~ ~ W. ~. H~, nd wet FORM Zlq4 ZONING BOA2iD OF APPEALS Judith W. soken, Secretary a~ll~t c~ot ~td to h~ ~ll~g unloss he plies ~ i~t~ nor~. ~re aze garde..e~ ~ ~ ~ont ~d ~.a, m on ~e fret pro~y The Board fin~ that strict appllcatim of the Ordinance will pro,ute practical difficulties or ~s~ ~lp~ ~o ~ ship c~d ~ unite ~d ~d ~t ~ I~d ~ all ~t/e~ ~d ~ld not ~e ~ e~ra~ o~ ~e ~btrlct. PROJECT ID NUMBER 617.20 APPENDIX C SYATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION ( To be comp~eled by Applicant or Project Sponsor) I APPLICANT/SPtN_~SQR /2 PROJECT NAME I3 PR. OJECT LOCAT ON' ~ ~¢ I~ hC ~ ~ I SEQR 7. AMOUNT OF LAND AFFECTEDt Initially .~.'~' acres UJUmetely , ~' '.~' acres 8. ~LL PROPOSPOS~ ACTION COMPLY ~TH EXISTING ZONING OR OTHER RESTRICTIONS? ~Yes ~No If no, des~ibe bpe~: ~lg.w T IS PRESENT ~ND USE IN VICINI~ OF PROJECT? (Ch~se as ~ny as apply.) ~Resi~n~ ~,.dus~a, ~C~mercla, ~gri~lture ~,arklFmesllO~nSpa~ ~O~er (~.s~) 10. ~ES ACTION I~OLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTI~TELY FROM ANY OTHER GO~RNMENTAL AGENCY (F~eml. S~te or ~Yes ~ ~ If yes, list agen~ name and ~R I approval: 11. D~S ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~]Yes r~No I[ yes. list agency name and permit / approval; 1 . AS A T 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 If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with lhis assessment PART II - IMPACT ASSESSMENT (To be completed by Lead A~leRc¥) A DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 6 t 74? If yes. coordinate t~e review process and use the FULL EAF. B WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 5 NYCRR, PART 61767 If NO, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT N ANY ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOWING: (Answers may be handwritten, if legible) C 1 Existir)g air quali~, surface or groundwater gea~ty or quantity, noise levels, existing traffic pattern so d waste productio~ Or d $[~osat potenfia~ far ero~ion d a!nags or tioodlng ~blems? Expla~ b~fetiy: ' -- ca Vegetstio~ or fauna, fish. ~hetifish Or w41ifilfa . irowth, subsegeen, Oevetopment, or related acllvffies likely to be I~luced by C7 OherimpactS(tnCrudin~chan~esinuseofei~her U~n~ (;; ' 0;~e '~ Ex ~b'e~ · ' O WILL THE PROJEC'Ir HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE' ESTA~[~ISHM~t~ OF ~ C"R'ITICAL ENVIRONMENTAL AREA {CEA~? Ill yes. explain bge~l¥: E. IS[~YesTHERE, OR[~N01S THERE LIKELY TO BE. CqN"FROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL iMPACTS?. , If yes ex~'atn: PART III - DETERMINATION OF SIGNIFICANCE (To ~e c~3mpletad by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or othec, vise significant. Each e~fect should be assessed in connection with lis (a) setting (i.e; urban or rural); (b) probability of occurririg; (¢) duralion; (d) irreversibaity; (e} geographic sCOpe; and (0 magnitude, I~ necessaP/, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail lo show that all relevant adverse impacts have been [dentif'red a nd adequa rely addressed. It~ question d of part ii was checked yes, the determination of significance musl eva/uale the potential impact Of the p~roposed action on {he environmental chafe ctedstics of the CEA. Check tills box If you have Identified one or more potentially I~rge or signiticant adverse lipa cts Which MAY occur Then proceed directly to the FULL EAF and/or prepare a positivs declaration. Check this box if yo~J have delermined, based on the information and analysis above and any supporting documentation, that the proposed actJo~ WiLL NOT ~esult in any s~gnif~cant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting determination. Name o~ Lead Agency Date Title of Responsible Officer Print or Type Name of Responsible Officer in Lead Agency Signature of Resp0nsJble Officer in Lead Agency Signature of Preparer (ff different Item responsible o~cer) FOR~I~ NO. 4 TO~/~ OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY THIS CLRIIFIES that the building located atKerw:[n Blvcl, GreenDort. Street Map N~ ~.~ ............... Block No ........... ~.~... Lot No ......... ~.~ ...................................................... conforms substantially to the Application for Building Permit lnerctofore filed in this office dated .............. ~[~.%...~.~ .........19.~.Q.. pursuant to which Building Permit No ..... ~...1Q~-3 .... dated April 22 ~60 ............................................ , 19 , was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued PR~va~ ONE ~Y Ephra~x CroSs, o~er This cer[if~cale is issued to ................................................... (owner, lessee or tenant) of the aforesaid building. FORlV~ NO. 2 TOWN OF 5OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE $OUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? 1043 Z Date .......................... AD~il.....~ .......... I~Q .... Permission is hereby granted to: Ba~ke~..&.. ~:ieke£s s.er~.... A/C., .Eph~rAlm,. C~. o s s ....... S~ui;ho.l~ ....... N, Z ...................................... to ·. -~ J 'l '3 ·, ft.n...a ~]~i.~-~: c~n ·. on...at~ .. e~;~.~ ~; i~g.. · ~e.% :i.~g. ..................................................... at premises Ioc(:ted at .....]~O~..~....~'%.l.....[z.~(~O~,~g...]~,y:...~.~:a.t~~ .................................................. ...................................... ~a~shor.e.. Road s....-G-r-eenpoz.~-~......N..Y. ............................................. pursuant to application dated ...................... A.pI~.jL.'L ......... ~.~ ................ 19~0-., and approved by the Building Inspector Fee $:;~l~.00...rd~,. cheek ......... am.,...........,........... Building Jnspecte} FOI~M NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No .....~,:..i;/.2J .......... Date ........ I~.~..V.~.~' 4 , 19...~.~ THIS CERTIFIES that the building located at .~;~t"~.4tJ, rL.J~'lV~o.....G.l.~J~.Ck~.~', ............. Street Ml~e~con:l.c ~a¥ E~t:. ap i'~o ....................... Block No ......... :~.~ ........ Lot No ..... 5.1 .......................................................... conforms substantially to the Application for BtIilding Permit heretofore filed in this office dated .............................. ~'~[~....~ .................... 19.. ,~.~ pursuant to which Building Permit No. ................ ~ TLC~C~ d(]ted ..................... ~]J~i'"~l."~' .................. , 19.....~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 ........ ...................... ~R.:I:¥A"I~...0~1~....~A~ '~ ~ ,~., O~'F.~C~ ........................................................................... The certificate is issued to ...El~J~i~.~l~..C~:/.~b.~,.... ~: ............................... . .................................. (owner, lessee or fenonJ') of the aforesaid building. FORM NO. 2 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N.° 1986 Z Vote ............ ~z~h ..... .~, ........................ ~ 9..6_~. Permission is hereby granted to: .......... · l~ou~.ho]:d ......................................... to -"]~'td-"~" addTtl'on" '~" ~" ex-f~ s.t,~ng..-~hee t.1 i~ ...................................................... at premises located at ...]to,l~...~:l.t...~e~l~.l:o...,~aT...~,l~.~.~ ........................................................ ......................................... ]]a~:..,eh~.~-e...Re~d.~ .......... ~re enp~ ~ ................................................... pursuant to application dated ...................... .~@~ ......... ~ ..................196.,~..., and approved by the Building Inspector ~ee $.5:.00 ............. Building Inspector 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 Permit. s and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# ~ - /O ~ The Application has been submitted to (check appropriate response): Town Board Planning Dept. [] Building Dept. [] Board of Trustees [~J Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital constrnction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Locati©nofaction: ~q~5- ~ ~'~O~'~.~ }~ Siteacreage:~>dt L.'I:>~- Lf~t~ , lq~ tStd.4t'~_.~ Present [and use: _ .t'~'~'~7.&t7 t'-/~-[ . Present zoning classification: ~-~Stfgn~it4 Tt ~ ~ 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: }d~--'~.~,0 ~ (b) Mailing address: (c) Telephone number: Area Code ( ) (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) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section II1 - P~licies Pages 3 through 6 for evaluation criteria [~ Yes 1~ No~[~ (Not Applicable- please explain) Attach additional sheels if necessary Policy 3. Enhance visual quality and protect scenic resom'ces throughout the Town of Southold. See LWRP Section 1II Policies Pages 6 through 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 Ill - Policies Pages 8 through 16 for evaluation criteria [] Yes ~ No [~ (Not Applicable- please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section II1 -Policies Pages 16 through 21 for evaluation criteria / Yes No ~T[ (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 IIl- 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) 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) 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) Aaach 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 ~/iNot Applicable - please explain) Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 throttgh 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 Ill - 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. [] Yes ~ No [~ Not Applicable- please explain New York State Department of Environmental Conservation Division of Environmental Permits, Region 1 SUNY @ Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 Phone: (631) 444-0365 · Fax: (631) 444-0360 Website: www.dec.ny.~qov Joe Martens Commissioner TIDAL WETLANDS LETTER OF NO-JURISDICTION Mr. Robert S. Nelson 264 Court Street Brooklyn NY 11231 September 20,2011 Re: NYSDEC # 1-4738-04065/00001 2955 Bay Shore Road Greenport SCTM # 1000-53-6-5 Dear Applicant: Based on the information your agent submitted and additional New York State Department of Environmental Conservation (NYSDEC) information, the NYSDEC has made the following determination. The portion of the referenced property that is landward of the existing functional bulkhead and adjacent functional bulkheads having a combined total length greater than 100 feet in length and were constructed prior to 8/20/77, (verified on NYSDEC IR Photo #681; Historic Aerials 1960 Photo), is beyond the jurisdiction of Article 25 Tidal Wetlands. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6 NYCRR Part 661), no permit is required under the Tidal Wetlands Act. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all 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 temporary fence, barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the responsibi~y nec~rmits or approvals from other agencies. Deputy Permit Administrator CC: Fairweather Design Associates, Inc. BOH - TW File Daniel Vavas and Ursula Vavas 3085 Bay Shore Road 6reenport NV 11944 November 30, 2011 RE: Nelson ZBA application 2955 Boy Shore Road, Greenport To: Members of 5outhold Town Zoning Board of Appeals & 5outhold Town Trustees We own the property to the south of the Nelson property, (next door) which we understand is before you for a variance and permits to construct a deck on the water side of their home. We realize there are three variances involved, including setback from the bulkhead, setback from the south property line and lot coverage over 20%. We would like you to know that we have no objection to the request by the Nelsons'. This will not have any impact on us and will enhance their property and not effect our neighborhood. The setback from our property line will not affect us, their is ample distance between any of their structures and any of ours. We look forward to your approval for this project for the Nelsons' and repeat we have no objection to their request. Sincerely, Linda L. Fasbach 2905 Bayshore Road P. O. Box 59 Greenport, NY 11944 November 29, 2011 To: Members of the Southold Town Zoning Board of Appeals and the Southold Town Trustees, Re: Nelson ZBA Application 2955 Bay Shore Road, Greenport To Whom It May Concern: I own the property to the north of the Nelson's property. I understand the said property is before you for the approval of the necessary permits to allow for the construction of a deck on the water side of the Nelson's home and for three variances including a setback from the bulkhead, a set back from the south property line and lot coverage of over 20%. I would like to go on record and state that I have no objections to these requests and to the construction of the deck. This addition will be an enhancement to the Nelson's home and to our neighborhood. Very Truly Yours, Linda L. Fasbach