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Home My WebLink About6515 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.norlhfork.net ZONING BOARD OF APPEALS Rr CEI¥1 D TOWN OF SOUTHOLD. · ' ' ¢An'N 21 2012 Tel (631) 765 1809 Fax (631) 765 9064 FINDINGS, DELIBERATIONS AND DETER1VIINAT~51~ MEETING OF FEBRUARY 15, 2012 5c thold Town Clerk ZBA FILE: 6515 NAME OF APPLICANT: David Moore CTM: 1000-51-4-17 PROPERTY LOCATION: 21075 Soundview Ave. (adj. to Long Island Sound), Southold, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated Oct. 11, 2011, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: A Letter dated Nov. 1,2011 was submitted to the Board of Appeals under Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards, confirming that the proposed project was INCONSISTENT with LWRP policy standards. Grant of alternative relief in this variance application will increase the proposed setback from 9 fi. to 16 fi. as measured between the Applicant's new deck and the top of the bluff, and will decrease the proposed area of decking within the non-conforming bluff setback. PROPERTY FACTS/DESCRIPTION: The Applicant's property is a 39,858 sq. ft. waterfront parcel, in the R-40 Zone, containing +/- 25,738.3 sq. ft. of buildable area landward of the Coastal Erosion Hazard Line. The northerly lot line measures 149.41 feet along Long Island Sound. The easterly lot line measures 270 feet. The southerly lot line measures 158.75 feet along Soundview Avenue. The westerly lot line measures 270 feet. The property is improved with a single family dwelling, a one story accessory building, an in ground pool, and "as built" decking and hot tub, as shown on the site survey drawn by Robert H. Fox, Surveyor, dated May 16, 2010, and amended July 12, 2010, and the site plan drawn by Robert I. Brown, P.C. last revised on Jan. 31, 2012. BASIS OF APPLICATION: Request for Variances from Art. XXII Code Section 280-116A(1), Art. XXIII Section 280-124 and Art. III Section 280-15 and the Building Inspector's June 17, 2011, updated September 16, 2011, amended October 4, 2011 Notice of Disapproval based on a building permit application for "as built" additions and alterations to existing single family dwelling and accessory hot tub at; 1) at less than the code required setback of 100 feet from the top of bluff, 2) more than the code required maximum lot coverage of 20%, 3) accessory structure located in other than the code required rear yard or front yard on waterfront properties. RELIEF REQUESTED: The Applicant requests a variance to locate a proposed "as built" deck at 9 feet from the top of the bluff, when a 100 feet setback is required by Town Code. The Applicant also requests a variance for proposed "as built" lot coverage of 25%, when 20% lot coverage is allowed by Town Code. The Applicant further requests a variance for a proposed "as built" hot tub located in a side yard area, when a rear yard location is required. Page 2 of 3- February 15, 2012 ZBA Fileg6515 - Moore CTM: 1000-514-17 AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity with the code. The applicant submitted an amended site plan dated, Nov. 21,2011, and, prior to the Feb. 2, 2012 public hearing, another amended site plan dated Jan. 31, 2012. The newest plan shows the proposed removal of a substantial section of "as built" decking, with alt of the remaining, and re-built deck to be located landward of the Coastal Hazard Line. The new site plan shows a new proposed bluff setback of 16 feet, instead of 9 feet as originally applied for, and a proposed reduced lot coverage of 23.4% instead of 25% as originally proposed, thereby bringing the plan into more conformity with the codes. The latest amended plan also shows the location of proposed dry wells to contain water run off on site. The proposed location of the "as built" hot tub is unchanged. ADDITIONAL INFORMATION: The property was the subject of prior ZBA decision 3508, dated Aug. 9, 1986, regarding a proposed pool location. The file contains a letter from the Suffolk County Soil and Water Conservation District dated Nov. 2, 2011, detailing results of a property site review, and listing remedial measures to mitigate existing problems. The file also contains several memos from the Town Storm Water Management Program MS4 Coordinator. The last memo from the MS4 Coordinator, received by the ZBA, and dated Feb. 01, 2012, includes comments relating to their review of the Applicant's amended site plan, dated Jan. 31, 2012. This memo states "I have reviewed the plan and drainage calculations and found them to be in compliance with (Town Code) (STORMWATER MANAGEMENT) Chapter 236." The Applicant also needs an approval and project permit from Southold Town Board of Trustees. The Board received a letter from a neighbor in support of the setback variance request and no statement regarding the lot coverage. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on November 3 2011, and December 1, 2011, and on February 2, 2012, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, an assessment of the character of the neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Numerous neighboring properties have nonconforming setbacks from the bluff, with structures that were built, similarly to the Applicant's single family dwelling, before the Town Code required a 100 feet setback from the top of the bluff. However, although decks are customary and incidental to residential properties, and because pools, and hot tubs are permitted only in designated rear yard areas, the extent of the nonc6nforming "as built" structures existing on this erosion prone waterfront property is problematic. Therefore, this decision is contingent upon the amended site plan submitted, dated Jan. 31, 2012. This revised plan is the basis for the lot coverage and bluff setback variances granted herein by altemative relief, and details the re-construction of some areas of "as built" decking, and also the removal of certain portions of decking, not to be rebuilt. The hot tub shall remain where it is currently located. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than alternative relief. The existing single family dwelling is situated within a nonconforming setback from the top of the bluff, in close proximity to the Coastal Erosion Hazard Line, and with a significant amount of the Applicant's property unbuildable because it is seaward of the CEHL. 3. Town Law §267-b(3)(b)(3). The alternative relief granted herein for a 16 feet setback from the bluff is 84% relief from Code required 100 feet, and is substantial by any measure of consideration for Zoning Code. The variance granted herein for 23.4% lot coverage when 20% is allowed by Code, is substantial considering the close proximity of the deck to the top of the bluff and to the Coastal Erosion Hazard Line. The variance granted herein for side yard placement of a hot tub is also substantial since it is a 100% relief from the Code required rear yard location. However, the alternative relief granted lessens the impact on the bluff. Page 3 of 3- February 15,2012 ZBA File#6515 - Moore CTM: 1000-51-4-17 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that the granting of alternative relief on this property in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The Applicant will provide an on site containment of storm water system approved by the Building Dept. Town Engineer. The site plan shall be approved by the Board of Town Trustees. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created because the Applicant constructed the additions and renovations without the benefit of a building permit. 6. Town Law §267-b. Grant of alternative relief as specified in this decision, and with the conditions noted, is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a deck and hot tub, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Homing, seconded by Member Dinizio, and duly carried, to DENY, as applied for, and GRANT ALTERNATIVE RELIEF as noted below: The Applicant will maintain a minimum 16 feet distance from the deck to the top of the bluff, and will not exceed a maximum of 23.4% lot coverage, as shown on the amended site survey drawn by Robert I. Brown, Architect, dated Jan. 31, 2012. Subject to the following conditions: 1. The Town Engineer will inspect and approve the storm water containment system. 2. A buffer of native vegetation shall be established along the top of the bluff, and all irrigation devices discharging within the buffer and over the bluff shall be removed. All vegetation planted on the face or top of the bluff shall be native, drought tolerant species to help stabilize the top of the bluff'. The length and width of the buffer shall be determined by the Southold Town Board of Trustees. 3. The applicant shall obtain an updated CO for all structures on the property. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Before aoolvint, for a buildine nermit, the applicant or agent must submit to the Board of Appeals for approval and filing, two sets of the final siteplan conforming to the altumative relief granted herein. The ZBA will forward one set of approved, stamped drawings to the Building Department. Failure to follow this procedure may result in the delay or denial of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject properW that may violate the Zoning Code, other than such uses, setbacks and other features as arc expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Dinizio, Homing, Member Goehringer was absent, This Resolution was duly adopted (4-0). Leslie Kane~ Weisman, Chairperson Approved for filing ~ /~ /2012 ~ ONG 1SL_A~D ~OUND \ \ © C DIA. x 4~ BOARD OF/:,,-/- ._'-' \ \ \ ?ROPODED 51TE PLAK! EXISTING EXCEPT A5 NOTED ?RO?ODED LOT COVERAGE: EXISTING LOT SQUARE FOOTAGE: 25,738.3 SQ. FT. (BUILDADLE, I~ElfllND C.E.Id.L) ?ROPOSED CONSTP-.UCTED FOOTPRINT: G, 027.,3 SQ. FT. LOT COVERAGE: G,027.3 / 25,7.38.3 = 23.4 % DP. Al NAGE CALCULATION5 HOUSE: 3134.1 PATIO: 3393. I 5.F. TOTAL: ~ x PROVIDE (3) 8' DIA. x 8' D. + ( I ) 8' DIA. x 3'G"D. DRYWELL~ (I I gO.7 C.F. PROVIDED) COTTAGE: I I g2,0 5.F. I IG2.0x I xO. 17 = 158C.F. REQUIRED PROVIDE ( I ) I O' DIA. x 3' D. DRYWELL (205.3 C.P. PROVIDED) DRIVEWAY: 2G25.4 2G25.4 x O.G x O. I 7 = 2G8 C.F. REQUIRED PROVIDE ( I ) 1 O' DIA. x 4' D. DRYWELL (273.7 C.F. PROVIDED) FINAL MAP REVIEWED BY ZBA s£E DEClSSON # DATED Q I/¥' I ~)1~-~ ROD E P,,T I. MOOP. E ,';> '2'.,,'2 DROWN AI~CPIITECT. P,C, Town Hall Annex State Route 25 54375 (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 TO: LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM Leslie Weisman, Chair Members of the Zoning Board of Appeals RECEIVED BOARD OF APPEALS From: Mark Terry, Principal Planner LWRP Coordinator Date: November 1, 2011 Re: Coastal Consistency Review for ZBA File Ref. DAVID MOORE #6515 SCTM#1000-51-4-17 DAVID MOORE #6515 - Request for Variances from Art. XXll Code Section 280-116A(1 ), Art. XXIII Section 280-124 and Art. III Section 280-15 and the Building Inspector's June 17, 2011, updated September 16, 2011, amended October 4, 2011 Notice of Disapproval based on a building permit application for "as built" additions and alterations to existing single family dwelling and accessory hot tub at; 1 ) at less than the code required setback of 100 feet from the top of bluff, 2) more than the code required maximum lot coverage of 20%, 3) accessory structure located in other than the code required rear yard or front yard on waterfront properties, located at: 21075 Soundview Avenue (adj. to Long Island Sound) Southold, NY. SCTM#1000-51-4-17 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the LWRP policy standards and therefore INCONSISTENT with the LWRP. Policy Standards 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize Posses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. The proposed action residential structure (deck) is not water dependent and not permissible within a Coastal Erosion Hazard Area. Due to hi.qh rates of erosion in this area, development (disturbance of soils, physical improvements) of the areas should be avoided. 84 No development is permitted in natural protective feature areas, except as specifically allowed under the relevant portions of 6 NYCRR 505.8. Avoid hazards by siting structures to maximize the distance from Coastal Erosion Hazard Areas. The as-built structure is located 0' from the top of bluff with the siqnificant portions of the (deck) located seaward of the Coastal Erosion Hazard Line. Note, that the Notice of Disapproval references a 9' setback from the top of bluff, acknowledqinq the proposed site plan. This proposed removal of 9' does not comply with Chapter 111, Coastal Erosion Hazard Areas. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: a. structures which functionally require a location on the coast or in coastal waters. b. water-dependent uses which cannot avoid exposure to hazards. c. sites in areas with extensive public investment, public infrastructure, or major public facilities. d. sites where relocation of an existing structure is not practical The residential structure does not functionally require a location on the coast, is not water-dependent and is not public. Therefore, maintaininq the deck in the current location (with the nine foot removal) is not warranted and it is recommended that portions of the deck be removed to lust landward of the Coastal Erosion Hazard Line to the qreatest extent practical. RECEIVED ~,~0V 2 20~1 BOARD OF APPEALS Figure 1. Subject parcel in relation to the Coastal Erosion Hazard Area Line (2004). Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. Comply with statutory and regulator), requirements of the Southold Town Board of Trustees laws and regulations for all Andros Patent and other lands under their jurisdiction 1. Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions Research indicates that neither a Chapter 111,Coastal Erosion Manaqement Permit or a Chapter 275, Wetlands Permit have not been applied for or issued for improvements includinq the deck. Aerial photos and submitted plans indicate that the proposal to remove 9' from the existinq deck will not remove the deck from the Coastal Erosion Hazard Area. It is recommended that the deck be removed to landward of the Coastal Erosion Hazard Area Line (outside of the Coastal Erosion Hazard Area). Areas with exposed soil should be replanted with native, drouRht tolerant ve.qetaton to stabilize the top-of-bluff. The vegetation should be included within a perpetual landscaped buffer. RECEIVED NOV BOARD OF APPEALS Figure 2. Subject parcel (2006). Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney RECEIVED NOV 2 201t BOARD OF APPEALS DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE SARAH LANSDALE, AICP DIRECTOR OF PLANNING October 11,2011 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman Dear Ms. Weisman: Pursuant to the requirements o f Sections A 14~ 14 thru A 14-25 of the Suftblk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Kosmynka, Martin (KOS, LLC) Moore, David 6514 6515 TRK:ds Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 FAX (6~1g:'~-8160 NRCS SYRACUSE NY SO PAGE 02/02 November 3, 2011 Chairperson Leslie K. Wcisman Town of Southold Board of Appeals P.O. Box I 179 Southold, New York I 1971-0959 RE: ZBA File REF. No 6515 (Moore) Dear Chairperson Weisman: BOARD OF APPEAL~ As requested, a site review was conducted at 21075 Soundview Avenue in Southold October 31,2011. The site was evaluated for notential natural re .........- .. .on r ovm~ ~vnc~ mgaramg the construction Of a rear deck, waikways, ramps and landing. The subject property is located on a 20' bluff along Long Island Sound. The top of the bluff has some existing Vegetation cover as well as on the majority of the bluff face. It was also noted that newly Beach Grass and small Rose bushes have been planted on the bluffhowever they are not yet established. Some erosion bas occurred. A deck was constructed from the rear of the house and extends to the top of the bluff. The deck is slightly pitched towards the bluff and has no board spacing. There is a gutter installed around the outer edge oftbe deck with a 4" corrugated black leader extanding down the bluffunderaeath thc steps and drains offthe bulkhead. The new ~airway and landing on the blufflead down to the bulkhead. Additionally, there is an irrigation system with emitters installed to the edge of the bluff It is recommend that the homeowner follow the directions of the Town of Southold Trustees by removing 9' of the deck seaward the full length of the house including assorted walkways, ramps and landings. It is also suggested to install gutters on the house and deck with the drainage directed landward to dryw¢lls. la addition, a buffer of native vegetation should be established along the top of the bluff and all irrigation emitters in closely proximity to the bluff be removed. All vegetation planted on thc face or top of the bluff should be native and onem established would not need additional irrigation. Excessive irrigation on the bluffcould cause more erosion to occur. If you require further assistance in this matter please don't hesitate to let me know. Best regards, Sharon Frost District Technician ()ffice Hour: Monday through Thursday 7:30 a.m, to 4:00 p.m. Friday 7:30 mn).. through 3:00 p.m. TO: Amy Martin for David Moore 205 Bay Avenue Greenport, NY 11944 TOWN OF SOUTHOLD NOTICE OF DISAPPROVAL BOARD Or: APPEAL.~ DATE: June 17, 2011 Updated: September 16, 2011 Amended: October 4, 2011 Please take notice that your application dated June 16, 2011 For permit for "as built" additions & alterations to a single family dwelling & accy hot tub at Location of property 21075 Soundview Ave., Southold, NY 11971 County Tax Map No. 1000- Section 51 Block 4 Lot 17 Is returned herewith and disapproved on the following grounds: The construction is not permitted pursuant to Article XXII Section 280-116A(I ), which states: "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluffor bank landward of the shore or beach shall be set back not fewer than 100' from the top of such bluffor bank." The site plan indicates the "as built" construction is 9' from the top of the bluft~ Also, per XXIII, Section 280-124 the permitted lot coverage is 20%. The "as built" lot coverage is 25%. Also, per Section 280-15, the "as built" hot tub, built prior to 2007, is not permitted. Accessory structures shall be located in the required rear yard. The "as built" hot tub is located in the side yard. Author/zed Signature TO: Amy Martin for David Moore 205 Bay Avenue Greenport, NY 11944 TOWN OF SOUTHOLD NOTICE OF DISAPPROVAL DATE: June 17, 2011 Updated: September 16, 2011 RECEIVED SEP 3 0 BOARD OF APPEALS Please take notice that your application dated June 16, 2011 For permit for "as built" additions & alterations to a single family dwelling at Location of property 21075 Soundview Ave., Southold, NY 11971 County Tax Map No. 1000 - Section 51 Block 4 Lot 17 Is retumed herewith and disapproved on the following grounds: The construction is not permitted pursuant to Article XXll Section 280-116A(I), which states: "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100' from the top of such bluffor bank." The site plan indicates the "as built" construction is 9' from the top of the bluff. Also, per XXIII, Section 280-124 the permitted lot coverage is 20%. The "as built" lot coverage is 25%. Survey of Property Prepared for: David Moore Suweyed: May 16, 2010 Town: Southold Suffolk County, NY I 1" = 30' I Reference Deed Liber q821 F'oc]e 005 Lot Areo= Q.qT Acres 2696 impermeoble coveroge Long Island Sound RECEIVED BOARD OF APPEALS N84°52'30"E 149.41, Bulkhead ~ recen~ ~, t recen~ -.s/~ o~ ~ ~ ~m~r Severe , ~II erosion ~b 58.75' ,, Nlddle Road Robert H. Fox NYSPLS # 5O197 144 Tmutbmok Lane Riverhead, NY 11901 Sound View Avenue N84°8~30"E 149.41' re~ severe BOARD OF APPEALS S8~°50'00'"W 158.75' \, ~r5 TD -t't&us're-~ w- Sound View Avenue RECEIVED SEP 2 0 20H BOARD OF APPEALS ::., ,'iC~La, T ON OF I'H~= :.: :~T. TO ALTE~ ANY BABEMENT¢ CRAWL ,SPACE PLAN EXISTING EXCEPT A5 NOTED 4¸7' RECEIVED 13CARD OF APPEAl .~ : ,, LAT~ON OFTHE q~; OF A LICENSED /)CT, TO A~ER ANY ",* CCO~DANCE MOORE OG/I 3/11 ROBERT I. BROWN ARCHITECT, P.C. W/FAIRWEATHER DESIGN A550CIATEB, INC. 205 BAY AVENUE GREENPORT, N.Y. 11944 G31-477-9752 (Pax) G3 I -477-0973 H ~EC~ ~OARD OFAppE~qLS MOORE Og/I 8/I I ./ ROBERT I. BROWN ARCHITECT, P.C. W/FAIRWEATHER DESIGN AS._~OCIATE..5, 205 BAY AVENUE GIR. EEN?OI~.T, N.Y. 11944 G31-477-9752 (Fax) G3 I -477-0973 INC. FIRST FLOOR SECOND FLOOR ?ARTIAL PLAN ~c^~ ,,.--, ~- ALL NEW LIVING 5PACE ItEC.,EIVED OCT 0 ~IOARD OF APPEAI~i P-.ODEP..T I, W/FAIR. WEATHER DE.SIGN A550CIATES, 205 DAY AVENUE GP-ZENPORT, N.Y. I 1944 G3 I -477-9752 (Fax) G3 I -477-0973 INC. FIIEDT PARTIAL PLAN FLOOI~ OG/13/I I RECEIVED SEP 3 0 70!! BOARD OF APPEALS . ~ r f~,~j 0~ A LICENSED ;~ TO ALTER ANY T~S ~AW!F~G !N ' ~ '~TzYZ ,- ALFD, AND R`OBER`T I. BR`OWN AR`ClfllTECT, F'.C. W/FAIR. WEATHER. DE..51GN A.560CIATE~, 205 BAY AVENUE GI~.EENF'OR,T, N.Y. II 944 G31-477-9752 (Fax) G31-477-0973 INC. BASED ON SUR,VE~' ffOIE: DAVID MOORE SUFFOLK COUNTY TAX MAP IQO0- 51 -4- 17 SUR.VEYED MAY I 6, 2010 AMENDfD: JULY I 2, 2010 TOWN OFF SQUTHQLD SUFFfOLK COUNTY, NEW YORK BY: EOBERT H.FOX NYSPLS #50197 © '© SITE ?LAN 583o50'00'W SCALE: I" = 30'-0" ~-==~=~,~ CEHL PRQFOSED LOT COVERAGE: EXISTING LOT SQUARE FOOTAGE: (BUILDABLE, BEHIND C.E.H.L) ?EO?OSED CONSTRUCTED FOOTF'IEINT: 25,738.3 SQ. FF. 6,509.7 SQ. FF. LOT COVERAGE: 6,509.7 / 25,738.3 = 25 % MOORE 06/13/201 I ROBERT I. BROWN ARCHITECT, ?.C. W/FFAIP,.W'EATHER DESIGN ASSOCIATES, INC. 205 BAY AVENUE GP-.EENPORT, N.Y. I 1944 631-477-9752 (Fax) 631-477-0973 49.0 ~ 57(8.0 ~.P. EXISTING DECK 2GG8.2 5.F.I I PRO?OBED DECK I 5G9.3 5.F. RECEIVED 13307.1 25788.3 39858.1 MOORE OG/I 3/201 I SEP 2 ~) 2011 BOARD OF APPEALS IT IS A VtOL/~ION OF THE LAW FOR ~NY PERSON, L?.~LESS ACTIHG UNDER THE C~-~L'CT~OD,I GF ~ LICENSED :J ~Y WA~ ANYA [HORIZED ; 'C TED, S~ALED, AND ~ -: r ~'"LF; i~q ACCORDANCE ROBERT I. BROWN ARCHITECT, W/FAIRWEATNER DESIGN A550CIATEB, 205 BAY AVENUE GREENI='ORT, N.Y. I 194,4 G3 I -477-9752 (Fax) G3 I -477-0973 ~._.,OUIb4D POOL TO CODE ..,~'. _~,,~ Fi uPO. COMPLETION "' ~ A- ,- BEFORE "WATER" ~OLJNID OCCUPANCY OR USE IS UNLAWFUL WITHOUT CERTIFICATE OF OCCUPANCY Survey of Property Prepared for: David Moore Surveyed: May 16, 2010 Town: Southold Suffolk County, NY Long Island Sound N84°52'30"E 149.41' 105' 158 pron Fee: $ Filed By: Assigranent No~ RECEIVED~. SEP 3 0 2011 BOARD 01~ APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No.21075 Street Soundvew Avenue Hamlet Southold SCTM1000 Section 51 Block4 Lot(s) 17 LotSize .91A Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 6/20/11 BASED ON SURVEY/SITE PLAN DATED O/13/ll Applicant(s)/Owner(s):. David Moore c/o 24/7 Real Media 132 West 31st St 9th fl. NY N¥10001 Mailing Address: Telephone 212-231-7101 : Fax: Email: david.moore@247realmedia.com NOLO: 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: Amy Martin for[~Owne~Other: Address: Fairweather Design Assoc.,Inc 205 Bay Ave. Greenport NY 11944 Telephone: 477-9752 Fax: 477-0973 Email: fbdainc@optonline.net Ase check to specify who yo wur~ correspondence to be mailed to, fr~_t~e above names: pplicant/Owner(s), ~JAuthorized Representative,[_] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 6/13/2011 and DENIED AN APPLICATION DATED s/~7/20~ ~ 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: xx6 Section: 280-116A Subsection: FOR: Type of Appeal. An Appeal is made for: [~]A Variance to the Zoning Code or Zoning Map. [ A Variance due to lack of access required by New York Town Law- Section 280-A. Interpretation of the Town Code, Article Section [~Reversal or Other / A prior appeal[-'"-~has,~ffnas not been made at any time with respect to this property, UNDER Appeal No(s). ,_~..q-0~/ Year(s). /t~ ~a . (Please be sure to research before completing this question or call our office for a~istance) ~ '7' RECEIVED ame of O REASONS FOR APPEAL (additional sheet.s mat' be ttsed with preparer's `4RE`4 ~O~Rt,~VCE R~'`4SONS: BOARD OF APPEALS (1) An undesirable chauge will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if grauted, because: We are asking to reduce the amount of non-conformance in the setback from the bluff as suggested by the Trustees... and this reduces lot coverage lot coverage 4% landward of CEHL (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The original home was in close proximity to the bluff and predated the code as a pre-existing non-conforming location. The lot coverage code change would have precluded any waterside deck addition without a variance. (3) The amount of relief requested is not substantial because: lhe addition of the bluff-side deck was made prior to the code change designating lot coverage be only landward of CEHL and had proper permits been sought would have been allowed at a reduced size than what has been constructed, what is being sought would have been 19% (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborbood or district because: we seek to mitigate the proximity to bluff and run-off concerns as discussed on site with the Trustees. Thereby lessening the environmental impact. Other than the remaining as-built decks, the balance of the lot coverage was pre-existing (5) Has the alleged difficulty been self-created? [~es, or E~[}No. Are there Covenants and Restrictions concerning this land: I'd-INd. ~]Yes (pM, se fitrnish cop},). This is the MINIMUM that is necessary and adeqaate, anti 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 .4 USE V/IRI,4NCE IS BEING REQUESTED, AND PLE,4SE COMPLETE THE ATTACHED USE I'MRIANCE SHEET: (Ph'a.se be sure~;~~ S~gnature~pellant or Authorized Agent Sworn to bd'ore me this { ~ day of~p~ Ct~O . ~A. ~ ~. 01GE62451~ ~ ~ S~ ~un~ ~ E~ Ju~ 18,~ t~~ APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant:Amy Martin for David Moore Date Prepared: 9/5/1 1 RECEIVEIA ./' SEP 3 0 011 BOARD OF APPEALS I. For Demolition of Existing Building Areas Please describe areas being removed: t,t 02 square teet of docking to be removed from the bluffs edge deck, ramp & stairs of as-built deck.& assorted other small platforms leading to bluff stairs, to be replaced by non-turf buffer and where necessary for paths with stone set in sand for permeability 1I. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of' first floor extension: 0 Dimensions of new second floor: 0 Dimensions of rider above second level: 0 Height (from finished ground to top of ridge):0 ls basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: N/^ 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: N/^ IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: ~l.SDIt/6."' '"[~ ~'~ ~; Proposed increase of building coverage: (1.t38.t) Square footage of your lot: Total 39858.1 landward of CEHL 25,738.3 Percentage of coverage of your lot by building area: Total 19% landward of CEHL 25% V. PurposeofNewConstruetion: demolitionofseaward9'ofdeckingforfulllengthofhouseandassortedwalkways, ramps & landings as per Trustees recommendations to provide 9' non turf buffer between deck and top of the bluff with all house roof & deck leaders, gutters & drainage to be directed landward to dry well(s) 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): Slopes away from the bluff at varying contours, bluff edge being the highest pad of the property 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 premis¢isted on the veal estate market for sale? Yes ~/ No As~/f~ere any proposals to change or alter land contours? No __Yes please explain on attached sheet. RECEIVED BOARD OF APPEALS 1.) Are there areas that contain sand or wetland grasses? ~ f~ "{~ff~ ~ 2.) Are those areas shown on the survey submitted with this application? ~ 3.) ls the prop. erty bulk headed between the wetlands area and the upland btailding area? ~t~ 4.) If your pribperty 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~I~I~ "~D~ '~I~I¥~/I0f~DJLJ 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? _'1~'~. IltJT'fl~ AJ~I¥10~. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? /~('~ Please show area of the structures on a diagram if any exist. Or state none on the above line. ¢~'t:~:~rf~'~'ll~'-' F. Do you have any construction taking place at this time concerning your premises? [~ 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. G. Do you or any co-owner also own other land adjoining or close to this parcel? ~/0 If yes, please label the proximity of your lands on your survey. H. ., Iease list present.usS or operations conducted at this parcel ~[T~ I, Ol'[{a ~11tO~ (_ffl'Til[.~~ and the proposed use ~ ' I ~l~l'~r '~l~lll, I.- ~ ~. ~ ~ . (ex: existing single family, proposed same with garage, pool or other) 9)' Authorized ~gnature and Date 617.20 PROJECT ID NUMBER APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor) 1. APPLICANT I SPONSO,R 2. PROJECT NAME SEQR RECEIVED PRECISE LOCATION; Streot Add?ss and Road Intersections. Prominonl la.dmarks etc -or Dr~l~ mad ~EP ~ ~ /Ull BOARD OF APPel ACTION: ~ New ~ ~pansion ~od~ca~ / al~rafi~ DESCRIBE PROJECT BRIEF[y: $ 7. AMOUNT OF LAND AFFECTED: Initially acres UIUmately acres 8. W1LL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? [] Yes [] No II no, describe bdefly: RATIS PRESENT LAND USE tN VICINITY OF PROJECT? (Choose as many apply.) e$16e,)Jal ~'~]lndustdal E~commerclal E~A~tiCullt)re E--]ParklForestlOpe~Spaco []O~her (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL A~yCY (Federal. Sta~e or Local) es []No ~ yes, list agency name and permll / approval: 11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~]Yes []No If yes, list agency name aod permit / approval: 12, AS A RES1JLT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIEICATiON? I CERTIFY TltAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action Is a Costa a, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment LS PART 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 FAF. E~. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617,67 It No, a nsgatJve declaration may be superseded by another involved agency C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1, Existing air qualilT, surface or groundwater qual~ o¢ quantity, noise levels, exist~g traffic pattern, solid waste production or disposal, potential for erosion, drainage or ftooding problems? Explain briery: C2. es e c agdcul ural archaeological, historic or other natural or cultural resources, or community or neighborhood character? Explain brmfly egetetiOn or fauna fish shelffLsh or ~ldllfe species, s~gnfficant habitats or threatened or endangered species? Exp a n bdefly C5 Gn;~, subsequent development or re~ated activities I~kely to be Induced by the proposed action? Explain briefly C~. LOf)g f~"rl31 $~oft tam, CUmu~tN~. or Other effe~ts not Identified in c1-057 Ex~i; ~riefly: CZ Dither Impacis iJncl~m9 chan~es in use of either quantif~ or t~pe of ensr~ Explain bdefi¥: ' O. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL E. iS THERE, OR IS THERE LIKELY TO BEi CONTROVERSY RELATED TO POTENTIAL ADVERSE ENvIRoNMENTAL IMPACTS? If yes explain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by A~er~cy) INSTRUCTIONS: For eachadverse effect identified above, determine whether it Is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of ocourring; (c) duration; (d) irrever~Jbility: (e) geographic scope; and (f) magnitude, If necessnrT, add attachments er reference supporting materials. Ensure that explanations contain su~cientdetaiI~~sh~wthata~~re~evanIadverseimpoctshavebeenidentl~iedaod~dequete~yeddressed~ If question d of part ii was checked yes, ~he determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics oi' the CEA. Ch~ck this box if you have Identified one or mom potentially large or s~niflcant adverse impacts which MAY occur. Then proceed dire ctiy to the FULL EAF and/or prepare a positive declaration. Check this box if you have delermined, based on the informath3n and analysis above and any supporUng documentation, thai the proposed acflo WILL NO'[ result in a~y significant adverse envifonmental impacts AND provide, on attachments as necessary, the reasons supporting thi determination. Name of Lead Agency Date Tibe of Responsible Officer Pifnt o,r Type Name of Responsible Officer in Lead Agency Signature of Re sponsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED SEP 3 0 BOARD OF APPEALS 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 5~O feet of a farm operation located in agricultural district..411 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: 4n~ '.-1 ]~0 ~4~.~-I ~a t' 10~.~. 2) Address of Applicant: ~t'~F ~'~'4 /'~-~/~ . 3) Name of Land Owner (if other ~han ~pplic[mt)' :' 71'"~:tU i ~ fF)00 4) Address of Land Owner: 5) Description of Proposed Project: A-~ q%ui L.-~' ,C' AA ~ ~_~ TO '~.~-~S~ 6) Location of Prope~y (road a~d tax map number): /o0~ ~ ~/ ~ ~ -- / 7 7) Is the p~cel within ~ agricultural district? ~o ~Yes If yes, ~cul~ral Dis~ct Number 8) Is t~is parcel actively fa~ed? ~No ~Yes 9) N~e and address of any owner(s)of land within the ag~cultural dist~ct Containing active operation(s) located 500 feet of the bounda~ of the proposed project. (~fo~atJon may be available t~ough the Town AssesSors Office, Town HaH location (765-1937) or from ~y public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Prope~y Tax S~stem. Name and Address (Please t~se 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 or the ~Zon_.ing Board of Appeals at 765-1809. Sifi~d~re of Applicant Date Note: I. The locaI board will solicit comments from the owners of land identified above in order to consider the effect of the proposed acti6n on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed 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 applic.ant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 APP~ANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER ~/OWNER'S AGENT) The Town o£Southold's Code of'Ethics omhibfts conflicts of interest on the ua.r[ o£Town offfcers and emolovees. The ouroose of this form is to orovide information, which can alert the Town of oossibie conflicts of interest and allow it to take whatever action is necessatw to avoid same. YOUR NAME: MOOTS, David (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. It'so, indicete the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance [ Special Exception I£"Other", name the activity:. Change of Zone [ I Approval of Pla! I~ J Exemption from Plat or Official Map L J Other Do you personally, (or through your company, spouse, sibling, patent, or child) have a relationship with any officer or. employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% oftbe shares. 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 oftbe 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 / RECEIVED S£P 3 0 2011 BOARD OF APPEALS APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of vossible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Martin, Amy K (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 If "Other", name the activity: (Check all that apply.) Change of Zone Approval of Plat [~ Exemption from Plat or Official Map Other BOARD OF APPEALS Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. No l ¢ l 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): [ I [ [ ] 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 I D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~ day of/~eptett~ber 20.1 Signature:,._ ~ /c~. ///~d~[~ Print Name: Amy K. f~artin Town of Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM SEP 3 0 BOARD OF APPEALS l All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfi-ont Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its sigmficant 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 31 - 4 I ? The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [~BuildingDept.[~ Board of Trustees ~/// Category of Town o f Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land Iransaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Site aorea e: az r6, Pre en o mgclassi ca ion: re-xdm 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: //~(hX1 f~/~t~/~ ,~t~/~. & _'~,;~ff" (b) Mailing address: '~( '~1 A-/~'* ?~'~f)/j)b'~j/~ liq~/) ¢~(,~f RECEIVED (c) Telephone number: Area Code ( ) 4"~1'"' q~7~. , ,C;[p $0 2011 (d) Application number, ifany: ar~^ ~,,~ '-',-,,-,au OF APPEALS Will the action be/directly undertaken, require funding, or approval by a state or federal agency? Yes [] No[7-/1~ 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 Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section 1II - Po~cies Pages 3 through 6 for evaluation criteria ~ Yes [] NofT'-A'LE.i Not Applicable At~ach 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 RECEIVED [] Yes ~ No [-'"~Not Applicable 6 9 SEP 2 0 ?01i ~)F)~,~I~) ('l,~ ~DDmAI c~ 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 H1 - Policies Pages 8 through 16 for evaluation criteria Id] Yes [] No [-~ Not Applicable 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 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 RECEIVED SEP~ozoH ~M Attach addilional 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. ~-~ Yes ~ No[~Not Applicable 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 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 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. S~e LWRP Section 111 - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes [-~ Nor~/~Not Applicable Atlach additional sheets if necessary B k_ 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 Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [~ Yes [] No ~/Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section HI - Polic~ages 65 through 68 for evaluation criteria. ['~ Yes [~ No [_~ Not Applicable Created on 5/25/05 11.'20 AM Town of Southold I ~ Erosion, Sedimentation & Storm-Water Run-off ASSESSMENT FORM '~ PROPERTY LOCAT/O~: $.C,T M. ~: THE FOLLOWING ACTIONS MAY REQUI~ THE SUBMISSION OF A D~lct Section B~k ~t CERTIFIED BY A DESIGN PROFESSIONAL IN THE STATE OF NEW YOR~ SCOPEOFWO~ - PROPOS~ CONS~U~ON ~ / WO~S~S~ ~ Yes No a. What ~ the TotalAma of the P~je~ Parcels? the S~e of Wo~ f~ Proposed Cons~on) ~ [ ~ ~nerat~ by a T~ (2') inch Ra;.~l con~mdion acfiv~~ impious su~s.) m~ ~a~ ~ V~ 0~ S~s Con,oiling ~dace Water R~. ~ ~U~ ~ ~ ~ ~ item must be main~i~ ~ghoul ~e En~m (5.~ S.F.) Square Feet of Ground Su~? Site? Is ~ ~Jec[ ~}n ~e'Tmste~ judsdl~n / a~], ~d ~1~ ~ d~ sworn ad o~s~dsa .... ~OARD OF APPEALS ..... ~-'"'(~'~'~'~'~i~'~t~n ~ .................... g Y , p ys mat ne/sne~me ~ppuc~t for Pernfik ~d ~he is ~e ..... 7~7 ..~..~........ ...................... O~er ~or represcn~e of ~e Ore,er or O~mem, ~d is duly auOmmed m p~o~ or have ~flb~ed m&e ~d ftc ~s application; &at Mi statem~ks cml~led hi $~ applimfion ~e ~e m &e best offs ~owledge ~d belief; ~d th~ ~e work ~H be peffo~ed in ~e m~ner set fo~ in ~e appli~on f~ed hereMdk Sworn to ~fore me ~s; No~y Public: .....~..~...~ ........................... FORM - 06/10 Notary Public, Slate of New York No. 01GE6245154 Qualirmd in Suffolk County Commission Expires July 18, ;~0...~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOVVN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined _, 20 Approved Disapproved a/c lC- O7/,~;0'- Expiration ,20 PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees R-C~'I'~EDg.t:v / /Flood Permit .~::5~ ] 9 Storm-Water Assessment Form ~? ~ 0 ?If~'l Contact: BoaRD OF/x, ppE/XL$' 7~ ti ,~a.~C-.~: Phone: / //-77- ~2Wo'q BLDGDEPT, Building Inspector UATION FOR BUILDING PERMIT Date INSTRUCTIONS ,20// I T0.WN OF $0UTHOLD a. ~ ~lS appllcauun MUST be ,~,~,,pl,t~ , filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ,,/') / '~ /(M~/ling address of applic/afit)/ // // State whether~/,~~'°~'Tz~applicant is owner, lessee, agent, architect, engineer, general contracto~-'~r, electrician, plt~/b r or bkb r or but~ilder Name ofowner ofpremises ~/~/9 ~"/~ /JOc~/e ~ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land ~ which p, roposed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section w~-/ Block ~ Lot /7 Subdivision Filed Map No. Lot 2. State existing use and occupancy of premises and intended u~se and occupagcy of proposed cor~struction: a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which app[icpble): New Building Addition Alteration Repair Removal v/ Demolition Other Work 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height. Number of Stories ¢k Dimensions of same structure with alterations or additions: Front Depth. Height. Number of Stories n2 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories ~ 9. Size of lot: Front. ,/5-~,,7~- Rear /'///¢'. ¢/ Depth Rear I 0. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed'construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO v/ Will excess fill be removed from premises? YES 14. Names of Owner of premises /9~ ~¢~¢_~ Address Name of Architect Address Name of Contractor Address Phone No. Phone No Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ¢/NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES ~/ NO * IF YES, D.E.C. PERMITS MAY iBE REQUIRED. NO l 6. 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. i 8. Are there any covenants and restrictions with respect to this prope-¢o,? * YES NO · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: counTY a ~d }) ~ 7->/~ being duly sworn, deposes and says m~t (s)he is the applicant ~ ' ' ' signing contract) above named, OON~IE D. BUNOH Nota~ Publ~, ~t~ of (Contractqr, Agent, Co,orate Officer, etc.) No. Oual~ in SuffOlk ~un~ . . . Oommiaalon ofs~d owner or owners, ~d is duly authorized to perform or have pertained the said work ~d to make ~d file this application; that all statements contained in this application ~e ~ue to the best of his ~owledge and belief; and ~at the work will be perfomed in ~e m~er set fo~h in the application filed therewith. Sworn to before me this Notary Public S~gnature of Apphcant ( / FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY RECEIVED SEP ~ 0 2011 BOARD OF APPEALS 517220 Date AUGUST 23~ 1988 THIS CERTIFIES that the building Location of Propert~ 21075 House No. County TaX Map No. 1000 Section SWIMMING POOL SOUND VIEW AVE~iUE SOUTHOLD Street Hamlet 51 Block 4 Lot 17 subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated OCTOBER 14~ 1986 pursuant to which Huilding Permit No. 15413Z dated OCTOBER 20, 1986 was issued, and conforms to ali of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is INGROUND SWIMMING POOL WITH FENCE & DECK ADD~TION. The certificate is issued to DAVID & IOANNA MOORE (owner, Y~) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A 8NDERWRITERS CERTIFICATE NO. N8~6205 PLUMBERS CERTIFICATION DATED N/A Bui'lding Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. RECEIVe& ~/~ SEP 3 0 2011 BOARD OF APPEALS Certificate Of Occupancy Date October 18 19 79 THIS CERTIFIES that the building ................................................ Location of Property ....a!q?.5. Aq .u)9. ¢. y.x..e.w. ?¥.e.n.u.e. ................. S.o..u.tho.~.d.,' ~,,¥. House No. Street Ham/et County Tax Map No. 1000 Section .... .O.~fi. .... Block ..... .0.4. ....... Lot ..... 9.17 ........ Subdivision ............................... Filed Map No ......... Lot No .............. Requirements for a one family dwelling built prior to conforms substantially to the Certificate of Occupancy .... .A.p.r.t.1..2.3 ....... , 19 .~.7.. pursuant to which:l~llZ~gtfi~No ......... .Z.97.~.7. ....... dated .. 9.~.t.O.~. ?r..!s. .............. 19.7.9., 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 ......... .............. . .~.o., 9.n.e...~.~?.t~.Xr..r~..~.!~J..n.g.s ..................................... The certificate is issued to Carroll H. Schutze ..................... /o¥.'~;~ ..................... of the aforesaid building. Suffolk County Department of Health Approval ............ .N../R. .......................... UNDERWRITERS CERTIFICATE NO .................... .I?.R. .......................... Building Inspector Rev 4/79 DEPB~TP~NT TO%'~ OF SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT Location 21075 Soundview Avenue (number & street) Subdivision ~ap No. Name of Owner(s) Carroll H. Schutze (Municipality) Occupancy R - ! (type) Admitted by: Mr. Hefferman Key available Tenant (o%.aler-t enant) Accompanied by: Mr. Hefferman Suffolk Co. Tax No. 051-04-017 Source of request Rudolph H. Bruer, Esq, Date Oct. 16, 1979 RECEIVED SEP 3 0 BOARD OF APPEALS D%TELLING: (DWELLING BY ROAD) Type of construction Wood framed #stories Foundation Cement block ~ Cellarpartial Crawl space Totgl rooms, 1st. F1 6 2nd. F1 3rd. F1 Batk~oom(s). 1 Toilet room(s) Porch, typ~ peck, typ~ Patio, typ~ Breezeway Garage Utility room Type Heat ~as/floor Ym~m~xAirFurnace Hotw;ater Fireplace(s). No. Exits Airconditionin~__ Domestic hotwater Yes Type heater Gas Oth~ ACC~ESORY STRUCTUP~ES: Garage, t~ype const. ~.~i~ng pool Other Storage, type contr.. Guest, type~const. VIOLATIONS: Housing Code, Chapter 52 Location Description Art. Sec. Outside Needs paint ~ob TIT 5P-~1-B Cellar Dangerou~ stairway TI 52-27-A Remarks: Inspected by: -Curtis Ho~ton- ~ Date of Insp. Oct. 17, 1979 Time start4:00 end d:30 p.m. Location Subdivision DEPART~T TO¥~N 0F SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT 21075 Soundview Avenue Southold, New York (number & street) (Municipality) Map No. Lot(s) N~e of O%~ner(s) Carroll H. Schutze Occupancy R - 1 (type) Admitted by: Mr. Nefferm~n Unoccupied (ova/er-tenant) Accompanied by: Mr. Hefferman Key available Suffolk Co. Tax No. 051~0~-017 Set,ce of reqUest Rudolph H. Bruer,. Esq. pate..~c, tober 16, 1979 RECEIVED SEP ~ 0 ~011 BOARD OF APPEALS D¥~,iLLING: MAIN DWELLING Ty~e of construction Wood framed Fotn~dation Concrete&cement block Cellar . Total rooms, 1st. FI Bathroom(s). 2 Porch, type. ~eezeway. Tsq:e Heat. 0il fired Fireplace ( s ) Domestic hotwater Other #stories 1 1/2 . · Crawl space rest 8 2nd. F1 J ~rd. F1 Toilet room(s) Deck, type ~p~ Patio, type. Garag~ 2 car Utility room '~armAir Hotwater X No. Exits ~ Airconditioning Yes Type heater (2) Gas & Electric AO(,~SSORY STRUCTURES: Garage, type const. Swimming pool Other Storage, type co'st. Guest, type'const. VIOLATIONS: Housing Code, Chapter 52 _~Location Description Art. Sec. Upstairs No rail/stairway II 52-27-B Kitchen No shut off = gas stove V Rear deck Needs repairing III :~2-~O-A Garage Broken sash lIT 57-31-B Garage Left garage door III 52-31-B Remarks: Inspected by: Curtis Herren Date of Insp. October 17, 1979 Time start h:00 end 4:30 p.m. FO~M NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICI~ SOUTHOLD, N. Y. RECEIVED SEP 3 0 BOARD OF APPEALS CERTIFICATE OF OCCUPANCY THIS CERTIFIES that the building located at I[I. oI:I~..~.,~IW..A~.eD, I~. ............................ Street Mep No ..... ~ .......... Block No, ,..X](~ ........... Lot No, XJJ~ .....................$~.~thO]~ .................... conforms substantially to the Application for Building Permit heretofore filed in this office dated ........................ .~.e.~l~b~',..30, .............. , 19.6.~... pursuant to which Building Permit No..~.~..~...~. do~ed ............ '...~e~'obe~'..3.~ ........ i....., 19..(i5.,, was issued, and conforms to all of the requirements of the applicable provisions of the Jaw. The occupancy for which this certificate is issued is ........ ................... ad~il::Lon., to.. one... ~nm'l },,y... ct~elling .................................................................. The certificate is issued to ..(~lX~..Ol~..~Q~l~.~i~l[t. .............................................................................. (owner, lessee or ter~t) of the aforesaid building. RECEIVED BOARD OF APPEALS TO CODE UPON COMPLETION '- BEFORE "WATER" OCCUPANCY OR USE IS UNLAWFUL WITHOUT CERTIFICATE OF OCCUPANCY' AUTHORIZAT~ (where applicant is not the owner) (mailing address) do hereby authorize Amy K. Martin, or other of Fairweather Design Associates, Inc. to act as my agent to apply for all permits necessary for the proposed work to be - ! To~vne,"s~sil~ure ) RECEIVED SEP $ 0 20!I BOARD OF APPEALS Southold Town Board of Appeals ACTION OF THE ZONING BO~RD OF APPEALS Appeal No. 3508 Application Dated May 7, ]986 TO: Mr. Chris Schwarting Sout~eld Poets P.O. Box 539 Southold, NY 11971 Mr. David Moore, 301 E. 47th St, Apt. (Public ,Hearing June 19, 1986) [Appellant(s)] 3M, NY, NY RECEIVED At a Meeting of the Zoning Beard of Appeals held on July 31~ 1986 the above appeal was considered, and the action indicated below was t~m~ OF APPEALS on your [ ] Request for Variance Due to Lack of Access to Proper~y New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X]Request for Variance to the Zoning Ordinance Article XI , Section ]0D-]19.2 [ ] Request for Application of DAVID MOORE for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for ~ermiss]on to locate new pool, deck and fence areas with an 'insufficient setback from Long Island Sound bluff. Location of Property: North' side of Soundview Avenue, Southold, NY; County Tax Map Parcel No.. 1000-51-4-17. WHEREAS, a uublic hearing was held on June 19, 1986, in the Matter of the Application of DAVID ~OORE under Appeal No. 3508; and W~EREAS, the board members have personally viewed and are familiar wit~ :ne premises in question, its 9resent zoning, and the surrounding areas; and WHEREAS~ au said ~eartng all those who desired to be heard were I~eard, anD their testimony was recorded; and WHEREAS, the aoaro has carefully considered all testimony and ducumentation submitted concerning this application; and WHEREAS, the board made ~he following ~indings of fact: 1. The premises in question is located in the "A-40" Residential an~ Agricultural Zonimg District along the'north side of Soundview Avenue, Southold, Town of Southold, with frontage along the Long Island Sound of 145± feet and along Soundview Avenue of 158.75 feet 2. The subject premises ]s identified on the Suffolk County Tax Maps as District 1000, Section 51, Block 4, Lot 17, contains a total area of approximately ~1,500± square feet, and. is improved with the following structures: (a) single-family wood frame dwelling set back 105± feet f~om the front property line, 40 feet from the westerly side property line, 40 feet from the easterly side property line, 22 feet from the top of Muff, at its ~losest points; (b) one-story frame cottage structure located in the frontyard area at the southeast corner three feet from the east side line, 6± feet from the front line'[at its closest points], all as shown by plan #86-038 dated 6/4/86 prepared by Steve S. Tsontakis Associates. DATED; August 9, 1986. CHAIPJ4AN, SOUTHOLD TOW/~ ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3508 Matter of DAVID MOORE Decision R~ndered July 31, 1986 3. By this application, appellant ?equests permission to locate a 16' by 36' inground steel-frame swimmingpool and wood decks along the westerly side of the existing dwelling as shown on plan #86-038 dated 6/4/86. The setbacks of the proposed new addition are: l~t at the closest point from the wester)y side line, 15 feet; at the closest point from the top of bluff area, 20 feet. The existing setback of the dwelling at this northwesterly corner from the top of bluff scales to be 41± feet. ¢. Article XI, Section 100-119,2, sub-paragraph {A)[1] requires all buildings proposed on lots adjacent to Long Island Sound to be set back not less than one-hundred [100] feet from the top of the bluff or bank. 5~ Reference is made for the record of the June ll, 1986 report requested from the U.S. Department of Agriculture, Soil Conservation Service, which as noted in its report suggests a location at the southerly end of the house as more suitable. 6. It is the opinion of the board members that new construction be located as far back from the bluff edge as. possible, which in turn would be the minimal variance necessary and under the circumstances would allow more distance from the areas actively eroding at the top lip of the bluff and/or continued sliding of the bluff face. In considering this appeal, the board also finds and determines: (a) that the percentage of relief requested from the 1DO' minimum setback requirement is Substantial, being a variance of 80%; (b) the placement of the new construction at this specific location is not the most feasible are~, since ~he construction could be moved to a more southerly direction, towards the southwest corner of the existing dwell~tng; (c) the circumstances are not unique; (d) the practical difficul- ties given are not sufficient to warrant a granting, of variance as applied; (e) the difficulty can be obviated by some me6hod feasibly for appellant to pursue other than a variance; {f) that in view of the manner in which the diffi- culty arose and in consideration of all the above facto~,_Khe interests of justice will best be serwd by denyin9 the variance, without prejudice. Accordingly, on motion by Mr. Douglass, seconded by Mr. Deyen, it was RESOLVED, that a Variance for permission to locate attached inground swimmingpool wi~h ~eck areas a ~!stance of 20± feet fr~m the top ~? bluff along the Long I$1and'Sound, BE AND HEREBY IS DENIE~.W~THOU~'PR~,JU~.ICE as applied under Appeal Ho 3508 in the Matter of the'Application for'DAVID MOORE. Vote of the Board; Ayes: Messrs. Goehri~ger, Doug]ass, Doyen and Sawicki. (Member Grigonis was absent.) This ~solution was duly adopted. 'GERARD P. ~OEHR GER, CNAIRMAN BOARD OF APPEALS TOWN OF SOUTHOLD ~OPERTY RECORD~C~I~D ~H~ VILLAGE DISTRICT / SUB. E / ACREA( OWNER FORMER OWNER RES. (i'~ ~.~f O LAND ~x~ STREET N SEAS. VL. FARM IMP. TOTAL DATE ~'000 : / 0 ABOVE TYPE OF BUILDING Tillable 2 Tillable 3 Woodland Swampland Brushland LOT REMARKS -House Plot Total co~x[ '~'ND. r c~.I ~,sc. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 10/05/11 * * * RECEIPT * * * Receipt~: 115140 Transaction(s): 1 1 Application Fees Reference Subtotal 6515 $250.00 Check#: 481 Total Paid: $250.00 Name: Fairweather & Brown, Management Corp 205 Bay Avenue Greenpo~, NY 11944 Clerk ID: CAROLH Internal ID: 6515 Town of Southold P.O Box 1179 Southold, NY 11971 Date: 09/30/11 * * * RECEIPT * * * Receipt: 114990 Transaction(s): 1 1 Application Fees Reference Subtotal 6515 $1,000.00 Check#: 7934 Total Paid: $1,000.00 Name: Moore, David J. 21075 Soundview Ave. Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6515 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1600 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville September 30, 2011 Zoning Appeal No. 6515 Transmitted herewith is Zoning Appeals No. 6515 of Amy Martin for David Moore- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Erosion, Sedimentation & Storm-water Run-off Assessment Form, Application for Building Permit with Disapproval Dated June 17, 2011, Notice of Disapproval from Building Department Updated September 16, 2011 Copy of Certificate of Occupancy No. Z17220 for In ground Swimming Pool with Fence & Deck Addition Dated August 23, 1988, Copy of Certificate of Occupancy No. Z9717 for Two On Family Dwellings October 18, 1979, Copy of Housing Code Inspection Report Date of Inspection October 17, 1979 by Curtis Horton, Copy of Housing Code Inspection Report Date of Inspection October 17, 1979 by Curtis Horton, Copy of Certificate of Occupancy No. Z2653 for Addition to One Family Dwelling Dated January 31, 1967, Copy of Survey of Property Showing Property as it Existed on October 20, 1986, Copy of Authorization Letter from David J. Moore to Amy K. Martin, Two Page Copy of Board of Appeals No. 3508 Application Dated May 7, 1986, Three Pages of Photos of Property as it Exists, One Page of Property Record Card, Copy of Site Plan Showing Property as it Exists, Copy of Site Plan Showing Existing & Proposed Changes Dated July 12, 2010, Copy of Survey Showing Property as it Exists Dated May 16, 2010 Prepared by Robert H. Fox, Copy of First Floor Plans Dated June 13,2011 Prepared by Robert I. Brown Architect, Two Pages of Site Plan Showing Proposed and Existing Construction and Lot Coverage Dated June 13,2011 Prepared by Robert I. Brown Architect P.C. Date: To: To: ROBERT I. BROWN~ ARCHITECT P.C 205 Bay Avenue Greenport, NY 11944 631-477-9752 (fax) 631-477-0973 fbdainc~optonline.net RECEIVED BOARD OF AppeALs 2/2/2012 James A Richter, RA Southold Town Zoning Board of Appeals Town Of Southold Re: Moore ZBA Application & others to follow SCTM# 1000-51-04-17 To all, In answer to your inquiry regarding the drainage pipe that ran through the bluff toward the Sound, I have been informed and Amy Martin, as Agent has confirmed that this pipe had been removed as part of the follow up by Costello Marine's permitted bluff stairway replacement and the mn-off has been directed to an existing drywell in the driveway, which is part of the submitted drainage plan. Respectfully submitted, Rob(rt I. Brown, Architect, PC FAIRWEATHER DESIGN ASSOCIATES, INC. & ROBERT I. BROWN~ ARCHITECT P.C 205 Bay Avenue Greenport, NY 11944 631-477-9752 (fax) 631-477-0973 ~dain¢~optonline. net Transmittal Date: 1/31/2012 To: To: James A Richter, RA Southold Town Zoning Board of Appeals Moore ZBA Application SCTM# 1000-51-04-17 Attached please find the site plan addressing rainwater run-off for the Moore property referenced above. Calculations were re-done by Robert I. Brown, Architect PC as was proposed containment as per your conversation with him. We believe we have addressed all concerns as required. Thank you for your time and consideration of this application. Thank you, David Moore l \ \ ,\ STEPS SOUNDV~W RECEIVED OOARD OF APPEALS \ \ \ \ \ PROPOSED 51TE PLAN EXISTING EXCEPT A5 NOTED ?RO?OBED LOT COVERAGE: EXISTING LOT SQUARE FOOTAGE: 25,738.3 SQ. FT. (BUILDABLE, BEHIND C.E.Ifl. L.) PROPOSED CONBTP-.UCTED FOOTPRINT: 6, 027.3 SQ. FT. LOT COVERAGE: 6,027,3 / 25,738.3 = 23.4% BRAI NAGE CALCULATION5 MOUSE: 3134.1 5.F. PATIO: 3393. I 5.F. TOTAL: 6'~ x I xO. 17 = 1109.6 PROVIDE (3) 8' DIA, x 8' D. + (I) 8' DIA, x 3%"D, DRYWELL5 (I 160.7 C.P. PROVIDED) COTTAGE: 1162.0 5.F. 1162.0x I xO. 17 = 198C.F. P-.EQUIP-.ED PROVIDE ( I ) I O' DIA, x 3' D. DRYW'ELL (205.3 C.F. PROVIDED) DRIVEWAY: 2625.4 5.F. 2625,4 x 0.6 x O. I 7 - 268 C.P. REQUIRED PROVIDE ( I ) I O' DiA. x 4' D. DRYWELL (273.7 C.F. PROVIDED) MOORE R.OBEP,.T I. BROWN AP, ChlITECT, P.C. W/ FAIRVVEATHER DESIGN ASSOCIATES, INC. * 477 9752 (,Pa,~ b3, ~. , Page 1 of 2 Toth, Vicki From: Richter, Jamie Sent: Wednesday, February 01, 2012 3:50 PM To: Toth, Vicki Cc: Andaloro, Jennifer; Verity, Mike; Conklin, Pat Subject: RE: Moore property Vicki I have the amended site plan for the Moore Property with drainage calculations on it. It has been prepared by the office of Robert I. Brown dated 1/31/12. I have reviewed the plan and drainage calculations and found them to be in compliance with Chapter 236. You are correct that there was not mention of outfall pipes that exist and are extended to run over the bluff. I would recommend that your final approval specifically state that a discharge from stormwater or any other type of discharge pipe is not permitted to run over or through the bluff. Jamie James A. Richter Office of the Engineer Town of Southold, New York jamie, richter~town.southold.ny.us Office: 631-765-'1560 Cell: 63%926-9430 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Toth, Vicki Sent: Wednesday, February 01, 2012 11:11 AM To: Richter, ]amie Cc: weisman @northfork.com Subject: Moore property Jamie - Amy Martin dropped a survey that they believe addressed all concerns regarding storm water runoff. I didn't see any mention of the pipe that is sticking out on the bluff? She stated she was bringing you the same letter and survey. We have another hearing on this tomorrow at 10:15AM. The Board would appreciate your comments before the hearing if possible. Thank you, 2/1/2012 FAIRWEATHER DESIGN ASSOCIATES, INC. & ROBERT I. BROWN ARCHITECT, P.C. 205 Bay Avenue Greenport, NY 11944 631-477-1032 Southold Town Zoning Board of Appeals Leslie Weisman, Chairperson RECEIVED JAN 4 2012 Re David Moore Application for Variance Dear Leslie, BOARD OF APPEALS 1 would like to ask you and the Board to post pone the continuance of hearing on the Moore application until the next available hearing date. By that time we will have been able to provide the full rain water run-off & drainage evaluation for the entire property as requested by the Town Engineer James Richter. Thank you for your time and consideration of this request. Sincerely, Amy Martin As Agent Toth, Vicki From: Sent: To; Co: Subjeot: Richter, Jamie Tuesday, January 03, 2012 1:38 PM Toth, Vicki Conklin, Pat Moore Residence - SCTM #: 1000-51-04-17 Vicki My office is in receipt of a drainage plan for the above referenced Moore Property. I have contacted the office of Robed Brown and reviewed my concerns with him directly. He is aware of the following and will be addressing these additional issues in a revised SWPPP for my review. The current drainage design only accounts for the residence and excludes all other developed portions of the property. These calculations should include the existing frame building in the south east corner of the property as well as the driveway & patio areas. All stone blend pavement areas must utilize a runoff coefficient of 60% to comply with Chapter 236 for Stormwater Management. Property grade elevations or contours should also be indicated on the plan to verify the direction of stormwater flow and where it is contained. (Please note: Chapter 236 is currently undergoing revisions and will require additional, more stringent SVVPPP requirements, in the very near future.) In addition to the above, the plan does not show or recognize the existing outfall drainage pipe that extends over the bluff. This pipe must be removed and this issue should be highlighted and addressed on the plan. Any & all ouffall pipes extending toward or over the bluff must be removed. I will provide your office with a formal drainage review when I have received a complete SWPPP. Jamie James A. Richter Office of the Engineer Town of Southold, New York iamie, richter~town.southold.ny.us Office: 631-765-1560 Cell: 631-926-9430 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. Page 1 of 2 Toth, Vicki From: Richter, Jamie .) Sent: Friday, December 16,2011 9:56 AM (0-~~ To: Toth, Vicki Cc: Verity, Mike Subject: RE: Moore ZBA application #6515 Vicki I have received a plan from Fairweather Design regarding the Storm Water Pollution Prevention Plan "SWPPP" for the Moore Property. I have spoken to Amy Martin from that office to review the deficiencies in the SWPPP that has been submitted. The Plan submitted is very limited in scope and does not meet the requirements of Chapter 236. This SWPPP must contain but not be limited to the following types of information: Drainage calculations must be provided, this should include runoff generated by a 2" rain over all impervious surfaces found on the site. This would include all buildings, patios, gravel roads, etc. Drainage details of all structures need to be submitted,a test hole must be provided to indicate capable drainage capacity, etc. What has happened to the drainage pipe that went over the Bluff? Grade elevations and/or contours need to be provided to indicate the direction of surface water flow. How is the bluff protected from erosion? These are considered a few of the items that are missing from the SWPPP. The plan must address all stormwater generated by the development and how it will be contained and/or treated on site. Amy informed me that they were not actively designing this plan. I am not sure when they may be able to deliver an appropriate SWPPP. Jamie James A. Richter Office of the Engineer Town of Southold, New York iamie.richter~,town.southold.n¥.us Office: 631-765-1560 Cell: 631-926-9430 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Toth, Vicki 12/16/2011 Page 2 of 2 Sent: Wednesday, December 14, 2011 12:16 PM To: Richter, 3amie Subject: Moore ZBA application #6515 Jamie - You will be receiving from Amy Martin of Fairweather Brown information regarding a storm water pollution control plan. The property is located at 21075 Soundview Ave. in Southold, SCTM#1000-51-4-17, The Zoning Board is requesting comments from you regarding the proposed plan and if it meets the requirements of Chapter 236. Thank you, Vicki Toth Zoning Board of Appeals Town of Southold 631-765-1809 ext.5011 Fax - 631-765-9064 email - vicki.toth@town.southold.ny.us 12/16/2011 FAIRWEATHER DESIGN' ASSOCIATES, INC. & ROBERT I. BROWN~ ARCHITECT P.C 205 Bay Avenue Greenport, NY 11944 631-477-9752 (fax) 631-477-0973 fbdainc~optonline.net Transmittal Date: 12/12/11 To: James A Richter, RA ~ Southold Town Zoning Board of Appeals Re[ Moore ZBA Application SCTM# 1000-51-04-17 RECEIVED DE(/I 4 20I! BOARD OF APPEALS Attached please find the schematic diagram of Drainage system for the Moore property referenced above. Calculations were done by Costello Marine's Engineer & drainage system Installation by Colin Ratsey Thank you, As Agent for David Moore SCOTT A. RUSSELL TOWN SUPERVISOR TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD, N. Y. 11971 Fax. (631)-765-9015 JAMES A. RICHTER, R.A. JOHN SEPENOSKI MS4 Program Coordinators swmp~town.southold.ny.us MS4 - Storm Water Management Program TOWN OF SOUTHOLD Leslie Weisman, Chairperson Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 November 2, 2011 Re: ZBA Application - David Moore SCTM #: 1000-51-04-17 Dear Mrs. Weisman: As you know, the Town is continually regulating, updating and implementing an MS4 program to control stormwater runoff and provide erosion & sediment controls for all construction projects. These regulations have been implemented by local laws to minimize the impacts of new and existing construction, land development and/or the hardening of surfaces within the Town of Southold. All development projects are required to provide drainage & erosion controls to meet the minimum requirements of Chapter 236 for Stormwater Management. As part of this program, municipal staff and other recognized agencies have been trained to look for potential illicit discharges during there normal daily activities. As a result, we have received formal notice that a pipe has been found on the above referenced property. This potential illicit discharge has been verified and a pipe has been extended through the bluff, under the existing stairway and runs down the embankment where it spills over the bulkhead at the toe of slope. I have been informed that a ZBA Permit Application is pending and that the Board is essentially reviewing work that has been completed without Town permits. Because this work has been accomplished without a formal review, potential stormwater runoff and erosion control issues have not been reviewed and a SWPPP has not been prepared. I would respectfully request that your deliberations consider the fact that a Stormwater Pollution Prevention & Erosion Control plans required by Chapter 236 be provided to the Town for formal review. Please keep in mind that when and ifa SWPPP is reviewed & approved for this location, the installation of stormwater BMPs may require additional dismantling of existing construction to enable the construction of new stormwater BMPs. If you have any questions regarding this matter, please contact my office. CC: Jennifer Andaloro, Assistant Town Attorney / /JJ~i/~;s A'Cl~ich~er' I~.A. S8,3°50'00,,W / Cf, or9 FrCm~ ~ultdlnC~ 158.75' 15-/0' ~o Prepared for: Da~a Moore 8CT# 1000 ~ 51 - 4 - 17 Surveyed: May 16, 2010 Amended: July 12, 2010 Town: Southold Suffolk County, NY I I 1" = 30' N W' .~ E S Long Island SOund N84°52'30"E 149.41, Timber '~. Bulkhead Area ~rOSlon T~mber 2 ~tor4 Frome E~ul [cllncJ '~ )°50'00"W 158.75' Sound View I 5tor',J 15"I0' ~o I"llddle, Road Avenue obe~H, Fox YSPLS# 50197 MTroutbrookLane FAIRWEATHER DESIGN ASSOCIATES, INC. & ROBERT L BROWN ARCHITECT P.C. 205 Bay Avenue G~eenport, NY 11944 631-477-9752 (fax) 631-477-0973 fbdainc~optonline.net December 13,2011 Town of Southold Zoning Board of Appeals 53095 Route 25 P.O. Box 1179 Southold, NY 11971 BOARD OF APPEALS Attached please find the revised site plan to reflect the waterside deck being reduced to 11' depth for the full length of the House. Proposed lot coverage 23.4% ofbuildable lot. The stone steps are proposed to be removed from the deck's south end and egress stairs to be constructed of decking material shall be added. A stone or brick in sand path shall is also proposed along the face of the deck. Non turf buffer shall abut the proposed path. All deck run-off shall be directed to the new drywells. Respectfully submitted, LoNG iSLAND souND 149.4/' . . . -- ~ \'\\ CEtlL \ \ \ \ \ \ HOT TUB BASED ON SURVEY FOR: DAVID MOORE 5UFFOLtK COUNTY TAX MAE' 1000-51 -4- 17 SURVEYED MAY I G, 2010 AMENDED: JULY I 2, 2010 TOWN OF 50UTIflOLD SUFFOLK COUNTY, NEW YORtK BY: ROBERT Iff.FOX NYSPL5 #50197 F'P..OFOSED 51TE PKOffOSED LOT COVEIEAGE: EXISTING LOT SQUARE FOOTAGE: (DUILDABLE, BEHIND PROPOSED CONSTRUCTED FOOTPRINT: 25,738.3 SQ. FT. G, 027.3 50. FT. LOT COVERAGE: G,027.3 / 25,738.3 = 23.4 % PATIO )NE IN ,~ND souNDVIEW AVENUE ? L A N MOOIEE I 2/0G/201 I I '=30'-0" P-,,ODEIET I. DR, OWN AR, CHITECT~ ?.C. W/ I=AIIEWEATHEIE DE.SIGN A55OCIATES~ .~NC. 205 BAY AVENUE GIEEENPOIET, N.Y. 11944 G31-477-~752 (Fax) G31-477-0~73 Michael Mutsakis 235 84th Street Brooklyn, New York 11209 Tel: (718) 745-5090 Mobile: (917) 658-6777 November 2, 2011 Southold Town Zoning Board of Appeals Southold Town Southold, New York Re: ZBA Hearing for David Moore Property To Whom it may concern: It has come to my attention that my neighbor to the East, David Moore, has an Appeal before you for both Lot Coverage and the location of a Hot Tub in his side yard. I would like to go on record as stating that I do not have a problem with the issue of the Hot Tub in his side yard which is adjacent to my property. I therefore do not object to your granting him a Variance regarding the Hot Tub. With regards to the issue of"Lot Coverage", I do not understand the technical meaning of the term "Lot Coverage" and can therefore make no statements either positive or negative with regarding to this matter. If you have any questions, please do not hesitate to contact me. Best Regards, Michael Mutsakis Property owner of 20985 Soundview Avenue Southold, New York RECEIVED 201 BO SELL JAMES A. RICItTER, R.A. TOWN SUPERVISOR JO}IN SEPENOSKI MS4 Program coordinators TOWN HALL - 53095 MAIN ROAD TOWIq OF SOUTHOLD, lq. Y. 11971 swmp~town.southold.ny, us Fax. (631)- 765- 9015 MS4 - Storm Water Management Program TOWN OF SOUTHOLD Notice of Potential Illicit Di~cha~e: Property Owner: Suffolk Courtly Tax Map #: Address: Hamlet: To~m Rcod or?own Bdef Description of illicit discharge and/or illegal connection Found: New York State DEC has formally designated the Town of Southold as a municipal separate storm sewer system (MS4)' operator that is required to obtain coverage under the NYS DEC '- NPDES Phase II General Permit (GP-0-10-002) for Storm Water Discharges from Municipal Separate Storm Sewer Systems. The mission of the Town of Southold with regard to storm water management is to: 'conserve, improve, and protect the Town's natural resources and environment, and control water, land and air pollution, in order to enhance the health, safety and welfare of the residents of the Town and people of the state and their overall economic and social well being." The SPDES Phase II General Permit requires that all regulated MS4s "Develop, implement and enforce a Stormwater Management Program Plan (SWMPP) designed to reduce the discharge of pollutants from the MS4 to the Maximum Extent Practicable (MEP) in order to protect water quality and to satisfy the requirements of the Clean Water Act". As a result, the Town of Southold has implemented Town Code listed under Chapter 236 for Storm Water Management. The above referenced item appears to be an illicit discharge or illegal connection to the Towns MS4. Under the SPDES Phase II General Permit, Minimum Control Measure #3 (MCM 3) requires the detection and elimination of illicit discharges, flowing to the MS4. In an effort to comply with these permit requirements, a Town wide survey was conducted to look for ' illicit discharges and/or illegal connections to the Towns MS4. You are hereby notified that this illicit discharge or illegal connection referenced herein must be terminated forth with. Please notify MS4 program coordinators within 30 days of receipt of this letter to confirm a plan of action to eliminate the discharge. As always, Town Staff stands ready to help ail residents protect the MS4 and restore the Town's diverse water-bodies and water-sheds and we look forward to hearing any & all ideas related to meeting the requirements programmed by the SPDES General Phase II Permit. SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631)-765-9015 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 Tel. (631) - 765 - 1560 JAMIE.R1CHTER~TOWN.SOUTHOLD.NY.US TOWN OF SOUTHOLD MEMORANDUMN To: Jen From: Jamie Subject: Potential illicit discharge Date: October 20, 2011 Jen: Here is the potential illicit discharge report that we spoke about. It was reported by Doug Hardy from CAC. This is the form we developed to notify property owners of illicit discharges. As you can see from the form, I can't determine what the source of the discharge would be. If the discharge' is stdctly stormwater and the pipe is there to divert surface flow away from the top of bluff, I would consider it to be an acceptable BMP to prevent erosion. If there are sump pumps connected to the outfall I would consider it to be illegal. We should review this with the committee to vedfy how we should 3roceed with these issues when they arise. #10530 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 19th day of January, 2012. Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY FEBRUARY 2, 2012 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Ha0, 53095 Main Road, RO. Box 1179~ Southold, New Y~rk 11971-0959, on ~ RUARY g. 2012t 10:00 A.M. - $OSEPH and ELIZA- BETH BR1TYMAN ~6522 - Request for Variance from Article III and Article XXII, Code Section 280-15,280-15F and 280-116B and the Building Inspector's October 3,201 l,Amended December 22, 2011, Notice of Disapproval based on a building permit application to construct an accessory garage, at: 1) more than the code required maximum square footage of 750 sq. ft. on lots 2Q,000-60,000 sq. ft., 2) less than the code required prin- cipal front yard setback on a waterfront parcel of 40 feet,, 3) less than the code required bulkhead setback of 75 feet, lo- cated at: 80 Glenn Road (Main Bayview Road) Southold, NY. SCTM#1000-78-2- 11,3 (adj. from PH 12/1/i1, new notice of disapproval) Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing Jan- uary 5, 2012 10:15 A.M. -DAVID MOORI~ 06515 10'30 AM - ANTHONY S. CAMPQ g6531 - Request for Variance from Ar- ticle X~III Code Section 280-122, based on an application for building permit and the Building Inspector's April 13, 201 L updated December 2, 2011 Notice of Disapproval concerning 'as built' al- terations to existing shed and deck, at ! ) nothing in this article shall be deemed to prevent the remodeling, reconstruc- tion or enlargement of a nonconform- ing building containing a conforming use provided that such action does not create any new nonconformance or in crease the degree of nonconformance with regard to the regulations pertaining to such buildings, thc 'as built' structure has no record of a CO; at: 1165 Fisher- man's Beach Rd., (adj. to Cutchogue Harbor) Cutchogue, N~A SCTM#1000- 1__ week(s), successively, commencing on the Principal Clerk day of 10'.4~ AM - DOUGLAS C. and KATHLEEN M. FOLTS #6536 - Re- quest for Variance from Article XXII, Code Section 280-116B and the Build- ing Inspector's December 15, 2011, No- tice of Disapproval based on a building permit application to construct addition and alteration to a single family dwell- ing, at: less than the code required rip- rap setback of 75 feet, located at: 90 Oak Street (Harbor Lane) (adj. to East Creek a/k/a Eugene's Creek) Cutchogue, NY, SCTM#1000-136-1-54 Request for Variance from Article IV, Code Section 280-18 and the Building Inspector's December 15, 2011, Notice of Disapproval based on a building per- mit application to construct a carport addition to a single family dwelling, at: i) side yard setback less than the code required 15 feet, located at: 220 Broad- waters Road (adj. Broadwaters Cove) Cutchogue, NY. SCTM#1000-104-10-7 11:15 AM - 9105 Skunk Lane. LLC g6538 - Request for Variance from Ar- ticle III Code Section 280-13(C)4(b) and Article ×XII 280-105A, and the Building Inspector's December 20, 2011 Notice of Disapproval based on an ap- plication for bdilding permit to build a tennis court with fence surround on a vacant lot, at: 1) use of a tennis court is not permitted on a vacant lot (without a principal dwelling), 2) tennis court fence at more than the code required maxi- mum height of 4 feet in a front yard. in- eared at: 9105 Skunk Lane (adj. to Little Creek, dredged canal) Cotchogue. NY. - Request for Variance from Article III Code Section 280-15 and 15(C) and the Building Inspector's November 29, 2011 Notice of Disapproval based on an application for building permit for an accessory in-ground swimming pool and accessor~ garage; 1) accessories are proposed in other than the code re- quired rear yard, 2) proposed accessory garage at more than the code required maximum square footage of 750 sq. ft. on lots 20,000-60,000 sq. ft., located at: 1800 Westphalia Road Mattituck, NY 200 PM - LIPA and T. MQ~II~ O T # 3 - Request for Variances from Article XVII Code Section 280-70J, based on an applica- tion for building permit to upgrade and maintain a wireless telecommunication facility and the Building Inspector's September 3, 2010, amended October 12, 2010, updated June 10, 2011 Notice of Disapproval concerning proposed antenna support structures at; 1) more than the maximum code required height of 45 feet, 2) location of mounted an tenna not located in the code required interior, 3) less than the code required distance to adjacent residential property line of 500 feet. Location: 69685 Route 25 and (Chapel Lane), Greenport, NY. INCJNEW CINGULAR WIRELESS. LLC #6533 - Request for Variances from Article XVII Code Section 280~70i(3) and Article XIII Section 280-56 (Bulk Schedule), based on an application for building permit to install a wireless tele- communication tower and equipment and the Building Inspector's October 17, 2011, amended November 9, 2011 Notice of Disapproval at; 1) less than the code required distance to adjacent residential property line of 500 feet, 2) less than the code required side yard set~ hack of 25 feet, located at: 40200 Main Road (adj. to Gardiners Bay) Orient, NY. SCTM#1000-15-9~8.1 2:00 PM -NICHOLAS GORGONE g65~.4 - Request for Variance from Ar- ticle III Section 280-15 and Article XXIII Section 280-124 and the Building Inspector's November 18, 2011 Notice of Disapproval based on an application for building permit for an accessory in- grohnd swimming pool at: 1) location other than the code required rear yard, 2) lot coverage more than the code required 20% maximum, located at: 825 Smith Drive South~ (Terry Place) Southold, NY. SCTM#1000-76-2-30.1 The Board of Appeals will hear all persons or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above, Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at, (631) 765-1809, or by emalh Vicki.Toth@Town. Southold.nv. us. Dated: January 13, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR. PERSON BY: Vlcki Toth 54375 Main Road (Office Location) 5~095 Main Road (Malling/USPS) F.O. Box 1179 Southold, NY 11971-0959 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of SiJuthoid, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 22nd day of December, 2011. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY JANUARY $, 2.012 PUBLIC HEARINGS NOTICE IS }iEREBY GIVEN, put- suant to Section 267~fthe Town Law and Town Code Chapter 280 (zon!ng),Town of Southold, the following public hear- ings will be held by the ~OiJTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, P.O. BOx 1179, Southold; New York 11971-0959, oR ~ IJARY 5, 2012: · Carryover Hearings, Continued from prior meetings and pending additional information: Adjourned from Public Hearing De- cember 1, 2011 10:00 A.M. - JOSEPH and ELIZA- BETH BRI'I'I'MAN g6522 1,0:.30 A.M~ - DAXrlD MOORE 06515 10:45 A.M. - PATRICK and DIANE 11:00 A.M. - BRUCE and ELIZA- BETH and DONNA COLLURA g6527 - Request for Varianbe f[qm. Article XXIII Sectinff280-124 and ~he Bgikiing lnspect0~'S ~V~inber 4. 20~°ti~i:~f D sappro'~aI ba}.q~n an ~liCaf~dn:f~r bulldmg~pe~ ~;ar a de~-,i3t~'aiti.an ~o a s ng e farailx dwelling at: 11 ~es$ than the code re,tiered rear yard setback of 35 feet, located at: 170 Manor Road, (corner Gillette Drive and East Gillette Drive) East Marion, NY. SCTMg1000- 38-3-1 !!:20 A.MJ - DOROTHY and STE- FAN 0 - Request for Variance from Article Ill, Code Section 280-15, and the Building Inspector's No- vember 16, 2011 Notice of Disapproval, based on a building permit application to construct an addition to an accessory garage, at: 1) mdre than the code re- quired maximum square footage of 660 sq. ft. on lots up to 20,000 sq. ft,, located at: 280 Pine Wood Road, Cutchogue~ NY. LLC fSnarklin~ Pointel g6526 - quest for Variances from Article XV Code Section 280-63 (Bulk Schedule) and the Building Inspector's October 21, 2011 Notice of Disapproval based on an application for building permit to construct new commercial warehouse at; 1) less than the code required minimum side yard setback of 20 feet, 2) less than the code required minimum combined side yard setback of 40 feet located at: 1270 County Road 48 (aka North Road), Southold, NY SCTM#1000-69-3-3 Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing De- cember 1, 2011 1:00 P.M. - HERNAN MICHAEL OTANO g6525 MASTRO 0 6550. Request for Varianc- es from Articles XXII and XXIll Code Sections 280-116(B),and 280-124, based on an application for building permit and the Building Inspector's November 23~ 2011 Notice of Disapproval concern- ing proposed demolition and construc- tion of a new single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the code required minimum side yard setback of 10 feet~3) less than the code required to- tal combined side yards of 25 feet, 4) less than the code required rear yard setback of 35 feet, at: 1595 Bayview Avenue, (adj. to Arshamomque Harbor) Southold, NY. SCTM#1000-52-5-9. 2:00 P.M. - MELANIE M.. MAR1- ANM~,~'MI~HAEL SELWYN. as ten- ~¢i~c~on and JANE GOLDEN ~ ~e.~le~t for Variance unde~ Ar- ,~!~,,~./$~On 280-18 and the Building iht~&?.g~ay 24, 2011, updated No- vembef 22, 2011 Notice of Disapproval based on an application for building per- mit for a subdivision, at: Proposed Lot 1; 1) less than the code required minimum lot size of 40,000 sq. ft., 2) less than the code reqinred lot width of 150 linear ft., 3) less than the code required lot depth of 175 linear feet; Proposed Lot 2; 1) at less than the code required minimum lot size of 40,000 sq. ft,, 2) less than the code requked lot width of 150 linear ft.,3) less than the code required lot depth of 175 linear feet; located at: 200 and 150 Three - ~ ," 5!,\TE OF NEW YORK NOTA <, r -,~ (adj. to Peconic Bay), Greenport, NY. STATE OF NEW YORK) ) SS:'"'"' COUNTY OF SUFFOLK) Candice Schott of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in 1__ week(s), successively, commencing on the said Newspaper once each week for 17th day of November, 2011. Sworn to before me this Principal Clerk day of )~v) ~/¢~¢)/~?'- 2011. square footage of 750 sq. ft. on lots 20,000-60,000 sq. R., located at: 80 Glenn Road (Main Bayview Road) Southold, 12:00 P~VL - RICHARD G. and NOR- NOTICE I~ ~BY G1VEN, put~ / M~ M. MOIZJ&ER #6524 - Request suanttoSeefion267oftbeToWnLawand for Variances fi.om Art. XXII Section ~ 280_116A.(1) ~and Artiale XXIII Section LEGAL NOTICE SOUTROLD ~OWN ZONING ~ O1~ .aPPEALS Tm~SDAY B~2~R 1, ~01l PURI~IC liEARINGS Town Code Chapter 280 (Zoning),Town of South01d, the folloWing public bear- lugs will be hctd~by the SO.OLD TOWN ZONING BOARD 0~ AP- KELLY ~9 - Request for Varifinces SCTM~lffi~.~i-2-6 10-.40/,,~I. · ~KR~.~R~ and ELIZAr. B~TIt Requ6s~ fi~;~¥artan ~ JC~I Code Seelig' Impector's October 21, 2011~ of Disapproval based on an aPpli~tion for (comer Madison Arcade), Greenport, ER # 6~18. Req~s~ f~i' ~nce fi.om 1600 Pine Tree R0~ti Road) C'ar~a0g% 1-19 :i':X ·20 ~; ~. ft. per Bulk schedule ia AC District, more than thc code required maximura 280-124 and the Building Inspector's November 1, 2011 Notice of Disapprov- al based on an ~pplication for building permit for as built deck addition, at; 1) less thaa code required 100 foot setback fi.om top of bluff, 2) less than the code requirud side yard setback of 10 feet, located at: 1155 Aquaviaw Avenue (adj. to Long I~land Sound) East Marion, NY. SCTM#1000-21-2-15 1150 P.M. - TK ALPHA. LLC. #6521 - Request for Variance from Article X Code i.¢t!on 280-46 (Bulk Schedule) and the ~uilding Inspector's October 31, 2011 Notice of Disapproval based on an appllcat{6n for building permit to con- struct new commercial building at; 1 ) less than the code ~eqalred minimum side yard s~back of 10 feet. located at: 535 pike St., aka Railroad Ave,, Mattituck, NY, $UPMgI~140-2-20. ~ P-M~ ilHERNAN MICHAEL ~ #65~- Request for Variances faultm A~cle~:~II Code Section 280- I23, ~de ~! SectiOn 280416 and the Buiiding ifispect0r~ Ocfober t4, 2011, amebfl,e~l October 18, 2011 No6ee o{.lMt~pr{~ based on an application f~ i6~ding~miit for demolition :md e. am'action~f a new dwelling at; D a' .~r~orm~g building containing a rmneont0rm~g us~ shall not be enlarged, ra~o~etal~,~ structurally altered or mbv~; ~ such building is changed to a confomaing USe, 2) less than the code required bulkhead setback of 75 feet, lo- cated at: #5 Breezy Shores Comm. lnc. Sage Blvd. (adj. to Shelter Island Sound) Greenport, N~. SCTM#1000-53-5-12.6 The Board of Appeals will hear all persons or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, pleaae contact our office at, (631) 765-1809, or by emaih Vieki. Tot h~own. South old.nv, us. Dated: November 10, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 10,463-1T 11/17 CHRISTINA VOLINSKI NOTARY PUBLIC-STATE 01: NEW YORK NO, 01.va6105050 Qualified In SLiJOJk CoUIlty BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard R Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northt'ork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 3, 2011 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, NOVEMBER 3, 2011: 10:45 AM - DAVID MOORE #6515 - Request for Variances from Art. XXll Code Section 280-116A(1), Art. XXlII Section 280-124 and Art. III Section 280-15 and the Building Inspector's June 17, 2011, updated September 16, 2011, amended October 4, 2011 Notice of Disapproval based on a building permit application for "as built" additions and alterations to existing single family dwelling and accessory hot tub at; 1) at less than the code required setback of 100 feet from the top of bluff, 2) more than the code required maximum lot coverage of 20%, 3) accessory structure located in other than the code required rear yard or front yard on waterfront properties, located at: 21075 Soundview Avenue (adj. to Long Island Sound) Southold, NY. SCTM#1000-51-4-17 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~,Town. South old.ny, us. Dated: October 11, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ' ~'c'\' #10423 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott of Mattituck, in said county, being duly sworn, says that she is PrinCipal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 20th day of October, 2011. Sworn to before LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OFAPPEALS THURSDAY NOVEMBER 3, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, put suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings wig be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, LO. Box 1179, Southold, New York 11971~0959, on THURSDAY NO- VEMBER 3. 2011: 10:00 AM - JOAN BERGLUND 86475) - Applicant requests a Special Exception under Article Ill, Section 280 13B(13).The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure at;75 Edwards Lane (aka 25605 Main Road) Orient, NY. SCTM#1000 18-3-14. 10:.15 AM - JOAN BERGLUND g6511 Request for Variance from Ar- ticle III, Code Section 280-13C and 280 15, based on an appllcation for building permit and the Building Inspector's June 20, 2011 Notice of Disapproval, concern lng "as built" art studio; 1) "as built" construction of an art studio is not a per- mitted use, 2) less than the code required rear yard setback of 20 feet, located at: 75 Edwards Lane (aka 25605 Main Road) Orient, NY. SCTMgl000-18-3-14 10:4~ AM - DAVID MOORE ~6g15 - Request for Variances from Art. XXII Code Section 280-116A(1), Art. XXIII Section 280-124 and Art. III Section 280-15 and the Building lnspecIor's June 17, 2011, updated September 16. 2011, amended October 4, 2011 Notice of Disapproval based on a building per- mit application for "as built" additions and alterations to existing single family dwelling and accessory hot tub at; 1) at less than the code required setback of 100 feet from the top of bluff, 2) more than the code required maximum coverage of 20%, 3) accessory structure located in other than the code required rear yard or front yard on waterfront properties, located at: 21075 Soundview Avenue (ad to Long Island Sound) me this %¢ 11:15 AM - KENN.E_TH HEIDT $$6516 - Request for Variances from Cod9 ~e XXII Section 280-116 and Article XXIII Section 280 124 and the Building Inspector's September 21,2011 Notice of Disapproval based on an application building permit for demolition and con- struction of a new single family dwelling at: 1 ) less than the code required setback of 75 fee~ from a bulkhead, 2) less than the code required single side yard set- back of 15 feet, 3) less than the code re- quired combined side yard setback of 35 feet, located at: 8530 Peconic Bay Blvd., (adj. to Great Peconic Bay) Laurel, NY 1'130 AM - BARBARA TERRELL g6513 - Request for Variance from Arti cie XXIll Code Section 280-124 and thc Building Inspector's August 2, 2011 No- tice of Disapproval based on a building permit application for construction of a porch addition and "as built" deck addi- tion to existing single family dwelling at; 1) ]ess than the code r~quired front yard Principal Clerk d ay o~'~/~ ~ 2011. setback of 35 feet, 2) less than the code required rear yard setback of 35 feet, at: 2630 Gillette Drive East Marion, NY. SCTM#1000-38-2-27 11:50 AM - MICHAEL and COR- RINE SLADE g6M0 - Request for Vari- ance from Code Article XXIII Section 280-124 and Article XXII section 280- 116 and the Building Inspector's August I l, 2011 Notice of Disapproval based on an application for building permit for additions and alterations to an existing single family dwelling at: 1) less than the code required rear yard setback of 50 feet, 2) less than the code required set- back of 75 feet from a bulkhead, located at: I435 West Road (adj. to Wickham Creek), Cutchogue, NY. SCTM#1000- 110-7-26. Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing Oc- tober 6, 20ll 1:00 P.M. - TAUBIN FAMILY TRUST IORRI #6509 1:30 PM - MARTIN KOSMYNKA ~ - Request for Vari- ance from Art. XV, Section 280-63, (bulk area and parking regulations) and the Building Inspector's September 7, 2011 Notice of Disapproval based on a build- ing permit application to construct a car- port at; 1) less than the minimum front yard setback of 100 feet, 2) more than the maximum lot coverage of 30%, located at: 50 Commerce Drive Cutchogue, NY. SCTM#1000-96-1-L4 1:50 PM - PATRICK TREANOR ~6512 - Request for Variance from Article III Section 280-14 and the Building In spector's April 21, 2011 updated Septem bet 7. 201I Notice of Disapproval based on an application f9r building permit for construction of a third story "as built" to an existing dwelling at: 1) more than the code required number of stories of two and a hal( located at: 2055 Grandview Drive Orient, NY. SCTM#1000-14-2-3.20 2:15 P.M. - CATHRIN STICKNEy g65~? - Request for Variance from A~ ticle II1, Code Section 280-15, and the Building Inspector's August 2, 2011, re vised October 3, 2011 Notice of Disap proval, based on a building permit appll- cation to construct a second story deck addition to an accessory garage, at: 1) more than the code required maximum square footage of 750 sq. ft. for acces- sory buildings on lots 20,000-60,000 sq. ft., located at: 1050 North Hyatt Road Southold, NY~ SCTM#1000-50-1 -I 3.1 The Board of Appeals will hear ali persons or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at, (631) 765-1809, or by emaih Vicki. TothOTown. Soul hold.~v,% Deled: Ortober 11,2011 ZONING BOARD OFAPPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailingtUSPS) -~/P.O. Box 1179 Southold, NY 11971~0959 ~T 10/20 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MOORE, DAVID #6515 MAP # 51.-4-17 VARIANCE SETBACKS; LOT COVERAGE REQUEST "AS BUILT" ADDITIONS/ ALTERATIONS & ACCY HOT TUB DATE: THURS, NOV. 3, 2011 10:45 AM If you ar.e intere, sted in this pro!ect, you may review the file(s) prior to the hear, ng dur, ng normal bus~ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 TOWN OFSOUTHOLD ZONING BOARD OFAPPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIT OF MAILINGS · (Name of Applicants) -.4; SCTM Parcel # 1000- .t'J- q - / 7 COUNTY OF SUFFOLK STATE OF NEW YORK I, /~m~ /K/./9')Ot~/'/2 residing at New York, being duly sworn, deposes and says that: On the e,~ day of ~ ~7~ ~, 20 , I personally marled at the Umted States Post Office in t~t'~¢~o~,/ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a tree copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right~of-way of reco,rd, surrounding th/~ appli~Knt's propertyx.' ~ ~ ~/[ ~ (Signature) -- ~>f/fSwom tO befgre me this Nofa VlCt(I TOTH PJ PuNic.State of New York No. 01T06190696 Qualified o Suffo k County Commission £xpires July 28, PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. '-[] Postage r- Certified Fee Re um Receipt Fee (Endorsement Required) (EndorSement Required) $5.~ Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) ir PO BOX NO, Ci~ State, ZIP+4 Total Postage & Fees (Endorsement Required) _.-3' Postage I~- Cetlified Fee Return Receipt Fee (Endorsement Required) ru FAIRWEATHER DESIGN ASSOCIATES, UNC. 205 Bay Avenue Greenport, N.Y. 11944 631-477-9752 (fax) 631-477-0973 Date: October 20, 2011 Adjoining lots to: Name: David Moore Address: 21075 Soundview Ave Southold SCTM: 1000-51-4-17 51-4-16.1 20985 Soundview Ave Michael Mutsakes v// 235 84th Street Brooklyn NY 11209 51-3-13.2 20210 SoundviewAve v/ George Tahliambouris 63 Richards Road Port Washington, NY 11050 51-3-14 21120 SoundviewAve NAA Soundview Faro LTD Partners 21120 Soundview Ave Southold, NY 11971 135-1-1 21225 Soundview Ave William McMahon 1006S Front Street Columbus, Ohio 43206 135-2-1 1000 Clark Street Brace McDonald v'/ PO Box 1153 Southold, NY 11971 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. I Attach this card to the back of the maiipiece, or on the front if space permits. 1. Artiq~ Addressed to: C. Dat of De' ery r-i Yes ~o [] Re{um Receipt for Merchandise [] Ir~ured Mall [] C.O.D. 4. Restricted Deliver/? (Extra F~e) [] Yes 2. ~i¢le Number 7009 0820 0001 7468 3067 PS Form 3811, February 2004 Domestic Return Receipt A. S~gnature [] Agent · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · PHnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the maJ~plece, or on the front if space permits. 1. Article ~dressed to: 2. Article Number PS Form 3811, February 2004 [] No 7009 0820 Domestic Return Receipt 4ail [] Expre~e Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted D~iveof (Extra Fee) []Yes 0001 7468 3074 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpisoe. or on the front if space permits. 1. Artlcl~ressed to: ~. Receh/ed by (Printed l{ C. Date of Delivery · ~ D. Is delivery a [] Yes [] No [] Registered [] Return Receipt for Merchandise [] Insared Mail [] C.O.D. 4, Restricted D~lve~? (Extra Fee) []Yes ~.~c~Nu~.~ 7DO~ 0820 0D01 7468 3081 ~ PS Form 3811, February 2004 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- 1~'/"* ~t ./ COUNTY OF SUFFOLK) STARE OF NEW YORK) I, ~ /09~,r~,~ residing at .~/~: /~~ *~r'~'- , New York, being dul~ swor-~, depose--~d sa~-~-that: Onthe ~,__t:f., ~$1~L'dayof ~g~-~ ,2011 , I Personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be Sworn to before me this Day of~/~] 2011 (Notary Public) (Signature) CONNIE D. BUNCH Notary Public, State of New York No. 01BU6185050 Qualified In Suffolk Comity Commission Expire~ April 14, * near the entrance or driveway en,trance of my property, as the area most visible to passerby. ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net October 7, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, November 3, 2011 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before October 20th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al__l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment roils maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts tn obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during thn hearinq, providin~ the returned letter to us as soon as possible; AND not later than October 26th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office ,as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later October 26th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before November 1, 2011. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 o Fax (631) 765-9064 September 30, 20l 1 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6515 (Moore) Dear Mr. Terry: We have received an application for "as built" additions/alterations to an existing dwelling in Southold. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road ° RO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 September 30, 2011 Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, New York 11901 Re: ZBA File Ref. No. 6515 (Moore) Dear Sir or Madam: We have received an application for a project adjacent to Long Island Sound in Southold, NY, and shown on the enclosed site map. The hearing on this application is expected to be b. eld on November 3,201 I. Enclosed is a copy of the site map, together with the application and a copy of the area map. May we ask for you assistance in an evaluation and recommendations for this proposal. Thank you for your assistance. Very truly yours, Leslie Kanes Weisman Chairperson Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard E Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 September 30, 2011 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6515 Action Requested: Within 500 feet of: Owner/Applicant: Moore "As built" Additions/Alterations; setback and lot coverage ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 February 16, 2012 Fairweather Design Assoc., Inc. 205 Bay Avenue Greenport, NY 11944 Attn: Amy Martin RE: ZBA Application #6515 - Moore Dear Ms. Martin: Transmitted for your records is a copy of the Board's February 15, 2012 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely,,,...-~) . Vicki Toth Encl. Cc: Building Dept. ~ER DESIGN ASSOCIATES, INC. & _ROBERT I. BROWN ARCHITECT P.C. 205 Bay Avenue ~reenport, NY 11944 631-477-9752 (fax) 631-477-0973 fbdainc~optonline, net BOARD OF APpE~iLs December 30, 2011 James Richter, Southold Town Engineer & Town of Southold Zoning Board o1: Appeals 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Attached please find the revised site plan that includes a rainwater run-off calculation by Architect Rob Brown for the Moore residence. According to Colin Ratsy who has been there during rains attests that the deck will be drains through and its proposed reduced size will pose less influence on the bluff If necessary the homeowner will install a rain barrel to catch runoffand use for drip irrigation to new plantings in proposed non turf buffer. The current gutter on the current deck is said to have been installed by Costello Marine as a temporary aid during stair re-build & bluff planting Respectfully submitted, As Agent EXI..~TING DECK, TO BE I~.EMOVED: ._5@UAIEE FEET EXISTING DECK, TO R,EMAIN: I,Sg~ SQUARE FEET HOT TUB MA,_50N rATIO November 18, 2011 FAIRWEATHER DESIGN ASSOCIATES, INC. & ROBERT 1. BROWN ARCHITECT P.C. 205 Bay Avenue G-reenport, NY 11944 631-477-9752 (fax) 631-477-0973 fbdainc~optonline, net NOV 2 1 ~011 1~ Southold Town Zoning Board of Appeals Re: David Moore Variance Application BOARD OF APPEALS Dear Board members, At the Hearing held on November 3rd, you asked us to further increase the set-back to the bluff& thereby further reduce the lot coverage, show the location of the proposed dry wells to catch all roof& deck run off. Attached please find an alternative plan to deck size reduction than what was suggested by a board member and yet makes a smaller but usable waterside deck for the homeowner while keeping it behind the Coastal hazard line. We hereby propose a stepped back deck that will be 11 feet deep to match proposed 3' wide steps to grade in front of the breakfast room that runs 37'10",then bumping out to 15' to add 4' wide steps walkways will be stone in sand Plantings will be approved by the Town Trustees for the non-turf buffer to the edge of the bluff. (Rosa Rugosa & such that need little irrigation once established). Ian here-in also proposes to remove a 7'6" x 16' section of existing deck from the south side bringing the total lot coverage on buildable acreage down to 23.7% from the previously proposed 25%. Also the location of the drywells to be installed have been engineered by others and are proposed to be - 2 8x8 pre-cast pools to be added to the driveway location as indicated on our site plan dated Nov 21. As Permit Agent RECEIVED BOARD OF A~PEAL~ ~ , ~ iii gOARD OF APPEAL~ FE5 ? i,O,_[ [,A,,~ DAi E: t.J.}/~_/,,z_,.~ ! ! 2' 56' :,VAF!~e iN iSROR, hl ..... ',4 5A~>ED ON SURVEY DAVID MOC)~E 9 Ji:::OL~ COUNPff FAX MAP' i 0(}C, i 4 5U~VE'r":D U/"," i G. 20!0 3'n ROB:R: P P-,, O 1:::' O ,...5 E D ,_SITE PROPOSED LOT COVERAGE: EXISTING LOT 5QUARE FOOTAGE: (BUILDAISLE, BEHIND C.E.H.L) PR. OPOSED CONSTI~UCTED FOOTPRINT: 25,736.3 50. FT. G, 027.3 SQ. FT. LOT COVERAGE: 4,027.3 / 25,735.3 = 23.4% DRAINAGE CALCULATION FOOTPRINT OF HOUDE: 3 134. I 5.F. 3 134. I x I x . I 7 = 533 C.F, REQUIRED DRAINGE VOLUME PROVIDE (3) G' DIA. x ~' D. DRYWELL,5 = 53~ C,F. 90U NE) ViEW PLAN AVENUE MOORE ~ I 2/30/20 ', ! , t%ODERT I. DROWN ARCHITECT. ?.C. W/FAIRWEATHER DE.91GN A590CIATES, 205 ISAY AVENLJE GR. EEN, O~ , N.Y. I t~44 G3 I -477~752 (Fax)~"" ':-~,_., I -477-0973 INC. LONG' \ \ RECEIVED AIOV '21 Z~ ~ BOARD Op AppEAL$ \ \ \ C}~<' ',, PP,.OPOSED 5lYE 50uNO P PROPODED LOT COVERAGE: EXISTING LOT 5QUAP-.E FOOTAGE: (E~UILDABLE, BEHIND C.E.H.L) ?IEOFOSED CONSTR. UCTED FOOTPRINT: 25,736.3 SQ. FT. 6,100.3 5Q.~. LOT COVERAGE: 6, r00.3 / 25,738,.3 = 23.7 % MOOtEE DROWN AiR. CHITECT~ ?.C. W/FAI~WEATHEIE DESIGN A~5OCIATES~ 205 BAY Au EN, ~ C3 i 477 9752 ~ '~x) ~:-~., .4 / 7 0:~/,~ INC. isLAND .SEESEC NO 135 ~oNG ~sLAND soUND RECEIVED FEB ~ ~ Z012 BOARD OF APPEALS TEST HOLE DATA DATE: 09/27/201 2' MIXED SAND AND LOAM D ..50 g N D ..... ~ '-~ATE~ IN 'D~OWN C~Y~ 5AND . ~ 5G' WATER IN DROWN FINE G3' TO COA~E 5AND 5W ~ N COMMENTS: WATER ENCOUNTE~D ~ N I 2.5' ~ELOW 5U~ACE MID POINT TO ~ISTING DECK STONE ~ISTING IN ~ND ELAT AREA BASED ON SURVEY FOR: DAVID MOORE SUFFOLK COUNTY TAX MAP IOOQ- 51 -4- 17 SURV~D MAY I G, 2010 AMENDED: JULY 12, 2010 TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YOP-JK BY: ROBERT H.FOX NYSPL5//50197 PIPE END 158.75' PROPOSED CONSTRUCTED FOOTPRINT: G, 027.3 SQ. FT. LOT COVERAGE: G,027.3 / 25,738.3 = 22,.4 % . . ',~O~/H~CI:I~O~.¥'LAW 0 F':q;~ECTION OF A LICENSED ~r:C~{~EC~ TO ALTERANY /'~ ? WA~ ANY ~. THORI~ CM=EEATION ~{UST BE ~'~7 T~U~ SEALED, AND P R O P O 5 E D 5 I T E P L A N ~ISTING LOT SQUARE FOOTAGE: 25,73&.3 SQ. ~. J =30-0' (BUILDABLE, BEHIND C.E.H.L) ROB~I I. BROWN ARChITeCT, ~.C. DRAINAGE CALCULATION FOOTPRINT OF HOUSE: 3 134. I S.F. 3 134. I x I x . I 7 = 533 C.F. REQUIRED DRAINGE VOLUME PROVIDE (3) G' DIA. x 6' D. DRYWELL~ = 539 C.E. W/FAIP-.WEATHER. DESIGN A.550CIATES, INC. 205 DAY AVENUE GREENPORT, N.Y. 11944 6;31-477-¢752 (Fax) 6;31-477-0973