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Home My WebLink About6559 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.north fork.net RECEIVED _ ZONING BOARD OF APPEALS 4- ~ '3" ~(o TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATIO~ MEETING OF JUNE 7, 2012 ZBA FILE: 6559 NAME OF APPLICANT: Barry Root SCTM# 1000-86-06-20 PROPERTY LOCATION: 6315 Indian Neck Lane, (adj. to Richmond Creek) Peconic, 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 I1 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 March 16, 2012 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his recommendation dated April 25, 2012. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The parcel is 1.7319 acres in an R-40 District, fronting 156.60 feet along Indian Neck Road to the south, running 468.40 feet along a side yard to the east, running two courses of 107.84 feet and 45.26 feet along Richmond Creek to the north and running 520.10 feet along another side yard to the west. The parcel is improved with a one story frame house and an accessory detached concrete/frame garage. The parcel has a bulkhead and rip-rap. Above, as shown on the "Site Plan", sheet S-1 of the Architectural plans prepared by Ira Haspel, R.A., dated 11/17/11. BASIS OF APPLICATION: Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's February 14, 2012 Notice of Disapproval concerning proposed partial demolition and reconstruction with additions to a single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet. RELIEF REQUESTED: The applicant requests an area variance for a 62 foot bulkhead setback, requiring a 13 foot variance from the code required 75 feet. ADDITIONAL INFORMATION: The requested variance is to the northwest comer, which is proposed to remain, of the pm-existing subject dwelling having a Pre Existing C.O. FINDINGS OF FACT/REASONS FOR BOARD ACTION: Page 2 of 3-June 7, 2012 ZBA File#6559 - Root CTM: 1000-86-6-20 The Zoning Board of Appeals held a public hearing on this application on May 3, 2012, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed reconstruction with additions and the proposed bulkhead setbacks are characteristic to this neighborhood and there is no evidence that they would create a detriment to nearby properties. 2. Town Law §267-b(3){b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The requested setback variance is to the northwest comer of the pre-existing dwelling that is proposed to remain during and upon completion of the reconstruction with additions. It would not be feasible for the applicant to move this portion of the dwelling to a conforming setback location. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing a 17% relief from the code. However, this substantiality is mitigated when recognizing that the dwelling has pre-existed with the proposed bulkhead setback without any evidence of causing detriment to the community or environment. Furthermore, there are other neighboring dwellings, which appear to have lesser bulkhead setbacks than what the applicant proposes. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. All storm water runoff will be contained on site and the proposed upgraded sanitary system will improve the subject property. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a variance for a nonconforming bulkhead setback of 62 feet to a one story dwelling 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 Weisman (Chairperson), seconded by Member Schneider, and duly carried, to GRANT, the variance as applied for, and shown on the Architectural plans sheets: S-I, A-I, A-2 and A-3, prepared by Ira Haspel, R.A., dated 11/17/11 (sheet S-1) and 11/19/11 (sheets A-1, A-2, A-3) Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays' and/or a possible denial by the Building Department ora building permit, and may require a new application and public hearing before the Zoning Board of Al~peals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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 property that may violate the Zoning Code, other than such uses, setbacks' and other features as are 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. Page 3 of 3 -June 7, 2012 ZBA File#6559 - Root CTM: 1000-86-6-20 Fote of the Board; Ayes: Members Weisman (Chairperson), Dinizio, Goehringer, Schneider, Hornmg. This Resolution was duly adopted (5~0). Approved for filing ~, //4 /2012 TO: LeeAnn Romanelli for: Barry Root P.O. Box qOq Southold, NY 11971 FORM NO. 3 NOTICE OF DISAPPROVAL RECEIVED BOARD OF APPEALS DATE: February 14, 2012 Please take notice that your application dated February 10, 2012: For permit for partial demolition and reconstruction with additions at: Location of property: 6315 Indian Neck Lane Peconic, NY County Tax Map No. 1000 - Section 86 Block 6 Lot 20 Is returned herewith and disapproved on the following grounds: The proposed partial demolition and reconstruction with additions on this conforming 1.73 acre lot in the residential R-40 District, is not allowed pursuant to Article XXII, section 280-116 (B), which states "All building or structures located on lots upon which a bulkhead ...exists... shall be set back not less than 75 feet from the bulkhead." The site plan shows a proposed setback of approximatet~y 62/feet from the bulkhead. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. Richmond Creek ~£CEIVED ~OARD OF APPEALS ,EE DECI 0 0 RECEJVED/~ APPEAL~Or ~R~ - /,731~ ~*~, = 75, BOARD OF ~ ~ L~. ~ fOXy., I P~ov~oE ~ Il ~ Root Residence ~ Peeonic, NY _ 303 1.73 ' ' Site Plan Area = , Scal,e: 1" = 40' Based on · survey by Peconic Surveyors P.C. Rev. March 31, 2011 S-1 BOARD OF APPEALS 0 x / %,/ ~ 'ru rmy./R:qt .~ popT ~ ! - 0u C Ira Haspel Azchitect, P. C. Road Southold, N.Y. 11971 631-765-2075 -- phone 631-765=5715 - fax 516-398-.8753 - cell ihaspel~irahaspeLe~m- tmaii Root Residence - 6315 Indian Neck Road Peconic, NY ~ . ~*~¢ , ;' First Floor Plan First Floor Plan r- ~ ~¢-~ Dis~ict I~,~.U, Bl~k~, ~t 20 BOARD OF APPEALS Loft/Roof Plan Ira Haspel Architect, P.C. 59945 Main Road Sonlhold, N.y. 11971 631-765-2075 - phone 631-765-5715 - fax 516-398-8753 - cell ih aspel~iraha~p~l.com_ email Root Residence 6315 Indian Neck Road Peconic, NY Loft/Roof Plan · District 1000, Sec. 86, Block 06, Lot 20 :INAL MAP [ (.d ~EVIFWF'n BY ZBA1 ! BEE DECIS,ON BOARD OF APPEALS Section looking East Section Looking South West Elevation I ii North Elevation Ira Haspel Architect, P.C. 599dS,Main Road Southold, N.Y. 11971 631-765-2075 - phone 631-76~S715 - fax 516-398-.8753 I e~ ihaapel~iraha~p~Leom - em*n East Elevation South Elevation REVILWED ~Y z~l SEE DEC~S~O~ #_;~; ? ~ Root Residence 6315 Indian Neck Road Peconic, NY Elevations Building Sections District 1000, Sec. 86, Block 06, Lot 20 SURVEY OF PROPERTY AT INDIAN NECK TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-86-06-20 SCALE: 1'--40' JUL Y 12, 2010 R ICHMoNE~ C'k-NTIFI~'D TO: BARRY ROOT FIDELIT'fNA UONAL ~E INSURANCE C~4PANY WELLS FARGO BANK, NA ?lO'W iNDIAN ELEVA17ONS REFERENCED TO NA. VD. '88 56.60, N£C~ ROAO ~ =DEPTH OF WATER A · ~ MONUNENT 393' ACRES ~o tie lines L/C. NO. 49618 P.C 765-5020 FAX (631) 765-1797 O. BOX 909 1230 TRAVELER SIREETI sou~o~o, N.~ ,,~7, 110-165 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE March 16, 2012 RECEIVED BOARD OF APPEALS SARAH LANSDALE, AICP DIRECTOR OF PLANNING Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk 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 impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Schneider, George Root, Barry (c/o Lee Ann Romanelli) MunicipalFfleNumbem 6558 6559 Very truly yours, TRK:ds 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 ^;OFFICE LOCATION: ~ Town Hall Annex ~/~4375 State Route 25 ~/~r. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD RECEIVED MEMORANDUM BOARD OF APPEALS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: April 25, 2012 Re: Coastal Consistency Review for ZBA File Ref. BARRY ROOT #6559 SCTM#1000-86-6-20 BARRY ROOT #6559 - Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's February 14, 2012 Notice of Disapproval concerning proposed partial demolition and reconstruction with additions to a single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, located at: 6315 Indian Neck Lane (adj. to Richmond Creek) Peconic, NY. SCTM#1000-86-6-20 The Board of Trustees issued a permit (#7510) in March 23, 2012 for bulkhead work on the property. A 15' non-turf buffer was required within the permit. A trench drain, gutters, leaders and drywells are shown to control storm water. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed action is CONSISTENT with the below listed LWRP polices and therefore CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7510 ISSUED TO: BARRY ROOT PROPERTY ADDRESS: 6315 INDIAN NECK LANE~ PECONIC SCTM# 86-6-20 AUTHORIZATION OATE:~ RECEIVED BOARD OF APPEA Pursuant to thc provisions of Chapter 275 and/or Chapter I I I of the Town Code of the Town of Southold and in accordance with thc Resolution of the Board of Tmsteas adopted at the meeting held on March 23. 201 i. and in consideration of application fee in thc sum of $250.00 paid by Ban'v Root and subject to the Terms and Condilioas as stated in thc Resolution, thc Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to reconstruct various sections of existing 53 linear foot timber-sheathed bulkhead and returns with new vinyl-sheathed butkhead aRd returns along the northern section of property; remove various sections of 110 linear foot existing timber-sheathed bulkhead and returns along the northern section of property; install various sections of 113 linear foot new vinyl-sheathed bulkhead and returns along the northern section of property; remove existing 100 square foot concrete/stone ramp within the northeastern section of property; establish aR area or beach aRd native beach plantings (1,350 square feet) backed with a single-row of rip-rup (200-S00 lb. rock at -q0' length) within northeastern section of property; install a single-row of tip-rap (200-500 lb. Foek at 7' length) off ' southern terminus of bulkhead return within the northwestern section of property; and install a docking facility offthe northwestern section of property consbting ufa 4'xl04' fixed elevated catwalk, bingnd ramp, 6'x20' floating dock and two (2) 8" diameter tie=off pilings; with the conditions that the dock and float are made into a "T" or "L" shape, and a IS' wide non-turf buffer is installed and maintained along the landward side of the bulkhead; and as depleted on the site plan prepared by Suffolk Envh'onmental Consulting, loc., last dated March 2S, 1011, and stamped approved on April 4, 2011. and these presents to be sube~ribed by a majority of the said Board as of this date. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, of APPLICATION TO THE SOUTHOLD TOVCN BOARD OF APPEALS House No. 6315 Street Indian Neck Lane SCTM 1000 Section 86 Block 6 Lot(s). 20 Hamlet Peconic Lot Size 75441.56 Zone R40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 2/14/12 BASED ON SURVEY/SITE PLAN DATED 12J~gt2o~l Applicant(s)/Owner(s):. Barry Root Mailing Address: 16 Horsehollow Rd Lattington, NY Telephone: Fax: Email: NOTE: In addition to the above~ please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Leeann Romanelli forF~wne~r~Other: P.O. BOX c~0q SouthoId, NY 11971 Address: 765-5020 Telephone: Fax: Email: Please check to specify who you_l~j~ correspondence to be mailed to, frqltLlJle above names: V-]applicant/Owner(s), ~]nuthorized Representative,u Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 12/19/~ and DENIED AN APPLICATION DATED 2/10/12 Building Permit Certificate of Occupancy ( ) Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction Other: FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: xx, Section: 2~0 Subsection: Type of Appeal. An Appeal is made for: r~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 r']Reversal or Other A prior appeal [] has, r~ has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (?[ease be sure to research before completing this question or call our office for assistance) Name of Ownec: ZBOe # i' ' :!t /!:.') REASONS FOR APPEAL (additional~heets mal, be used with preparer's s~gnature): [~x:~ } ~} ~ ~ ARIL I I/ARIANCE REASONS: BOARD OF APPEALS (1) An undesirable change ~ill not be produced in the CltARACTER of tbe neighborlmod or a detriment to nearby properties if granted, because: Existin9 dwollin~ has boon in tho same location since prior to ~57. Ihs dwellings adjoinin~ on both sides are closer to the water than this dsellin~. (2) 'File benefit sought by tile applicant CANNOT be .'tchieved by some method feasible for the applicant to pursne, other than an area variance, because: An addition to the existing dwelling is the most feasible and affordable. The location of the dwelling is existing. (3) The amount of relief requested is not substantial because: The amount of variance requested is approximately 13%, which is a relatively small request. The addition is not forward of the existing dwelling, it is adding onto the side. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborbood or district because: There is a newly installed bulkhead, all runoff will be contained on site· (5) tlas the alleged difficulty been self-created? [~'es, or [~)No. Are there Covenants anti Restrictions concerning this hind: ~]No. [~'~Yes (please btrnish copy). 'Fids is tile MINIMUM that is necessary and adequate, and at tile same time preserve and protect the cbaracter of the neighborhood and tile health, safety, and welfare of the community. BEING REQUESTED, PLISASE COMPLETE TIlE Check this box ~_~ IF A USE I~ IRLINCE 0 S~gnature of Appellant or Authorized Agen · i Sx*orn to belore hie th s ~ Notary Public VICKI TOTH Notary Public, State of New York No. 01106190696 0u~?ied in Suffolk Coun~ Commiso on Exp res ulv 28 5~ \ ~- Applicant: Barry Root APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Date Prepared: 2/1 0]1 2 I. For Demolition of Existing Building Areas Please describe areas being removed: a~ached garage 337.4 sq. ft. RECEIVED ,~,A~ 1 .~ ~,,-,~RD OF APPEALS II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 32X36 Dimensions of new second floor: n/a Dimensions of floor above second level: n/a Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: n/a 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: single family one story dwelling Number of Floors and Changes WITH Alterations: one sion/addition IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2565.86 Proposed increase of building coverage: 2058 Square footage of your lot: 7§441.56 Percentage of coverage of your lot by building area: 5.68% V. Purpose of New Construction: larger living area and updated construction VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): dwelling was built odor to 1957, there is a new bulkhead and the existing house location is within 75 feet of the bulkhead and the addition will also be within the 75 foot setback. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes X No Are there 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? 2.) Are those areas shown on the survey submitted with this application? ,/g~ 3.) Is the property bulk headed between the wetlands area and the upland building area? 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction?/VO Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. ls there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?_ &/'o Please show area of the structures on a diagram if any exist or state none on the above line. Do you have any construction taking place at this time concerning your premises?/Vd) yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: If Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel ,5 ~ rl~le., J~Od'l~ [¥ and the proposed use ~rLrrlg t.o'/~.?z/r'~'~ · (ex: existing single family, proposed: same with garage, pool or other) Authorized signature and Date Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) RECEIVED BOARD OF APPEALS '(Print Property owner's name) residing at /b (Mailing Address) do hereby authorize /~c~,t_/XJ (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Print Owner's Name) APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS Tho Town of Southold's Code of Ethics vmhibits conflicts of interest on the vart of town officers and employees. The ourunse of [his form is to nrovide information which can alert the town of vossible conflicts of interest and allow it to take whatever action is necessasv to avoid same. YOUR NAME: 'K{'~.~ -~)~"~t mai un ess o. area in in the name of (L,~ztVnard¢, first name ~ni/ldle in' ' , y pp y g someone e se or other entity, such as a company. If so, indicate thc other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (I£"Other", name the activity.) 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. YES NO _ '~ lfyun answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title Or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee, Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicont (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, per.er, or employee of the applicant; or __.D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I S u brnitted this Q/~/~A~x~~20~x~-,~ Signature Print Name APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action necessary to avoid same. (Last name, first name, miffdle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of Zone Approval of plat Exemption from plat or official map Other (l£"Other', name the activity.) Building Trustee Coastal Erosion Mooring Planning Do you personally (or through your company~ spouse, sibling, parent, or child) have a relationship with any officer or employee &the Tovm of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, !ncluding a partnership, in which the town officer or employee bas even a partial ownership of (or employment by) a co~oration in which the town officer or employee owns more than 5% of the shares. YES NO __ ,.~ If n w you a s ered YES , conplete the balance of hm form and da e and s~gn where indicated. Name of person employed by the Town o f Southold Title or position of that person Describe the relationship between yourself(the apphcantJagenffrepresentative) and tile town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, dr cbild is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant Iwhen the applicant is a co~oration); __Bi the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, panner, or employee oFthe applicant; or __D) the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS I Submitted tl3is) ~ day of.~.--.'~Orc.L.~ 20{~ SignamreVT~O~zOtj ale)tm, of (xl a 0 0 -- AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 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 500feet of a farm operaiion iocated in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: /..e, c~1 2) Address of Applicant: ~)D ~::~c~x ql,"q ,~_~d~tPJDid A]~' / iq7 ! 3) Name of Land Owner (if other than applicant): ~(1 rr't~' 4) Address of Land Owner: i[¢ [lrt,q'6gDO~3/.O Ed L-r~"J'/~D~ 5) DescriptionoferoposedProject: Ode], 'b ,'~ /l_~ amd cl /,l~r'~ /9,~rT q 40 6) Location of Property (road and tax map number): ~'4t,6~D~/~'Ck-//i. 7) Is the parcel within an agricultural district? [~JNo F-lYes If yes, Agricultural District Number 8) Is this parcel actively farmed? [~No [~Yes 9) Name and address of any owner(s)of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please U.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 · 76~11938 or the Zon~ Board of Appeals at 765-1809. · signatt/re-o f Applicant - Date I. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed actidn 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 abok, e. The cost for mailing shall be paid by the ap[/lic.ant at the time the application is submitted for review. Failure to pay at such time means the application is not comp}ete and cannot be acted upon by the board· 1-14-09 TOWN OF SOUTHOLD BUILDING DEPARTME1~ TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork. Examined 20__ Approved ~//q;l,) ,20 Disapproved aJc ~ Expiration ,20__ FEB I 3 2012 BLDG DEPI, BUILDING I~[~MIT APPLICATION CHECKLIST Do yo~l[~ave or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form Trustees C.C. Application Flood Permit ~C ~zl\i~() Single & Separate Storm-Water Assessment Form Contact: Mail to: lO¢./¢rnn BOARD OF APPEALS Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building I'nspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Pict plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. Tile work covered by this application may uot be comnmnced 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 inonths from such date. If no zoning amendments or other regulations affecting the property have been enacted in tile 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 cfa 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 tile 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 (Signature of appoint ~)r' name, if a corporation) (Mailing address &applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises -~-~O£f'y ~0~7" (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: House Number Street Hmnlelf County Tax Map No. 1000 Section ~ Block /,p Lot fl,,O Subdivision Filed Map No. Lot State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ,<;tf)5?~ ~/r//~v~ F/t/O~{/~5~ ~ 4. Estimated Cost 5. If dwelling, number of dwelling units ff garage, number of cars b. Intended use and occupancy Nature of work (check which applicable): New Building Repair Removal Demolition Fee Addition Other Work Alteration (Description) (To be paid on filing this application) Number of dwelling ~mits 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 Height Number of Stories Rear Dimensions of f, ame structure with alterations or additions: Front Depth ,_~ 4/¢ 3 Height. Number of Stories Rear Dimensions of entire new construction: Front Height Number of Stories _Depth Rear Size of lot: Front /fig,, bO/ Rear /Kg,to ' Depth ! Depth 10. Date of Purchase Ol~qlto Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning la,v, ordinance or regulation? YES X NO ' 13. Will lot be re-graded? YES NO ~ Will excess fill be remOved from premises? YES__ 14. Names of Owner of. premises ~/?y Roo~ Address/6/~t~l~#otORr{. ~d'(~e No. Name of Architect Address Phone No Name of Contractor Address Phone No. NO A' 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES X * 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. PER/MITS MAY BE REQUIRED. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ NO X · IF YES, PROVIDE A COPY. STATE OF NEW YORK) COUNTy OF~C~9 ~ S)S: ~.~/Xl?t] ~__l)~O0~//~' being duly sworn, deposes and says ti, at (s)he is the applicant (Name of individual signing contract) above named, (S)He is the OX~r'/~ etc (Contractor, Agent, Corporate Officer, .) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and tbat the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this -N-~iar y 15~blic 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Al~plicant or Project Sponsor) 1. APPLICANT/SPONSOR /2. PROJECT NAME 4. PRECISE LOCATION (Street address and read nterse~ions, prominent ~andmarks, etc.. or pre,de map) 5. PROPOSED ACTION IS: [] New [] Expansion ~1 Modification/alteration RECEIVED 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LANDAFFECTED: 8. W~LL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR (~THER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe bdefly 9. WHAT 18 PRESENT LAND USE IN VICINITY OF PROJECT? Descfl[~:Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [~;] Yes [] No If Yes, tist agency(s) name and pem~it/apprevals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURI~ENTLY VALI~PERM T OR APPROVAL? ~:] Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQU RE MODiFiCATiON? I CERTIF~ T~-I~T THE k<~:)RMATION~PR~IDED ABOVE IS T~I:~ TO THE BEST OF MY KNOWLEDGE . ~ I If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment I" OVER p,ART II- IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. ['~ Yes ~-'] No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACT ONS N 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. [--]Yes [~No C. COULD ACTION RESULT ~N ANy ADVERSE EFFECTS ASSOCIATED VVITH THE FOLLOWING: (Answers may be handwntten, if legible) C1. Existing air quality, surfaco or groundwater qua ty or quantity, noise levels, existing traffic pattam, solid waste production or disposal, potential for erosion drainage or flood eg prob ems'~ Explain bdefly: C2. Aesthetic, agdcuflural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain bdefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: community's existing plans or goals as omc a y adopted, or a change in use or intensity of use of land or o her natural resources3. Explain bdefiy' C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain bdefly: C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts (inctuding changes in use of either quantity or type of energy)? Explain briefly: D. VV]LL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] NO If Yes, explain briefly: E. IS THERE OR IS THERE L KELY TO BE CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?. [] Yes [] No If Yes, explain briefly: PART III - DE ~ t:~MINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse 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 occurring; (c) duration; (d) irreversibifity; (e) geographic scope; and (t) magnitude. If necessary, add attachments or reference suppo~ng materials. Ensure that explanations contain sufficient detail to show that ail relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAy occur. Then proceed directly to the FULl EAF and/or prepare a positive declaration. [] Check this bexif you have determined, based on the information and analysis above and any supportieg documentation, that the proposed action WiLl NOT result in any sign~cant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (If different Eom responsible officer) Town of Southold ~ECE'I'VED ~ LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEALS A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not Iocated within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), fl~e Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION scm# The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [] Building Dept. [] BoardofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Locationofaction: ~,_~ ~'~101~(~, Site acreage: Present and use: tn Present zoning classification: 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: ~e-~Ol~ (b) Mailing address: 1~ ~.ii)~(~0~ (c) Telephone number: Area Code ( )/_f~?l ~-05 ~ (d) Application number, if any:. Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] lfyes, which state or fisderal agency? }d__b[~l~C.-. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in thc Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [~ No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No ~ (Not Applicable- please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes [~ m l~ Not Ap. plicable - please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply iu the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria --Ii~ Yes [~ No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [~Yes [] No Fr~ (Not Applicable- please explain) Atlach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Sectiott III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [~ Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No [~ (Not Applicable- please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southoid's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes [] No ~ (Not Applicable - please explain) Anach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [~ No [] Not Applicable - please explain AUach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Sonthold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes ~ No [] Not Applicable- please explain ~J Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~Yes Not Applicable - please explain No FORM NO. 4 TOWN OF SOU/q~OLD BUILDING DEP~-RTMEN~ Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCy P, ECEI~/EFt) BOARD OF APPEAL~ 34492 Rte: 08/03/10 THIS tu~KTIFIES t~at the building DWELLING AND ACCESSORIES Location of Property 6315 INDIAN NECK LA PECONIC (HOUSE NO.) (STREET) (HAMLET) C(m]nty T~x Map NO. 473889 Section 086 Block 0006 Lot 020 Subd/vision Filed Map No. __ Lot No. __ confoz~ substantially to the Requir~m~_nts for a ONE F~4ILY DWELLING built prior to APRIL 9, 1957 p]Ars~t to ~ich ~%~IFICA~ OF ~ANC"f ~%~ Z- 34492 dated AUGUST 3t 2010 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 ONE FAMILY DWELLING WITH ACCESSORY GARAGE AND SHEDS.* (G~RAGE A~ND SHEDS IN DISREPA/R) The certificate is issued to KATHERINE S WOLOSIK (OWNER) of the aforesaid building. ~/A N/A N/A /A~hor~ed Si~ature Rev. 1/81 RECEIVED VIOLATIONS: LOCATION SEC. TOWN OF SOUTHOLD PROPERTY RECORD CARD F-OR~EP. OWNER LAND NEW Farm Tillable TitJ~ble 2 Tillable, 3 Woodtand SwamplaNd BrushJand Home Pla~' SFAS. VL IMP. Total FA~Mt BAT£ LOT NORAAAL Acre BELOW Value Per Acre ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK BUILDING COND1TION 92oo COMM. J tND. CD. MISC. I Est. Mkt. Vatue 'TOTAL REMARKS M. Bldg. [:xtension Extension Extens~o~ G~ge O,B. I Foundation Ext. Wells Fire Place Pofio Drivewoy Pomh I Bath ,! iFIoors Interior Finish Roof Type Rooms 1st Floor Rooms 2nd Froor Dormer Porch LAND IMP, { /rAGE{ NEW NORMAL Fo~ Acre ~fl~oble W~Io~ Swom~lond B~shland ~ Ho~e Plot Totol TOTAL ?Zoo 7 LOT E ACREAGE DATE RE~RKS BUILDING CONDITION ABOVE Value FRONTAGEONWATER /..('.~l ,,R,.~/,~ FRONTAGE ON ROAD BULKHEAD '~/~ ~{~ ~ p ~K jest. Mkt. Value BELOW Value Per Acre RI~CEIVk[, BOARD OF APPEAL5 Extension !V~t~-- .~.~..~/~- 2.¢o G~ZoO Basement ~.nsion ~/' Ext. Walls ,~ Interior Finish ~temlon Fire PJace ~ / ~ ~t Po~h R~ ]st Flor B~ezew~ ~ ~ ~.~ Potio R~ ~d Flor ~r~e ~0~ ~ /+ / ~ 9nn ~~ DrJvew~ ~rmer O.B. ~ P. ECEIVED 60ARD OF APPEALS ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Southold Town Board of Appeals Elizabeth A Neville March 15, 2012 Zoning Board of Appeals - 6559 Transmitted herewith is Zoning Appeals No. 6559 Barry Root - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is a Notice of Disapproval, dated February 14, 2012, Applicants Project Description, dated February 10, 2012, ZBA Questionnaire, Authorization form of LeeAnn Romanelli, Transactional Disclosure Form for Barry Root, Transactional Disclosure Form for LeeAnn Romanelli, Agricultural Data Statement, Application for Building Permit dated February 10,2012, Short Environmental Form dated March 5,2012, LWRP Consistency Assessment Form (5 pages), Pre-Existing Certificate of Occupancy dated August 3, 2010, Housing Code Inspection Report from Building Department dated July 22, 2010, Two (2) pages of color photographs for house, Six (6) pages of black and white photos of back of property, two (2) copies of Property card 1000-86-6-20, front and back, copy of survey, copy of site plan, and one (1) set of plans. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3/13/12 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6559 Root, Barry 0907 $500.00 [~AF~ $outhold Town Cleft $500.00 By __lc__ Thank,,ou. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 03/15/12 * * * RECEIPT * * * ReceiptS: 127709 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6559 $500.00 Check#: 0907 Total Paid: $500.00 Name: Root, Barry 16 Horse Block Road Locust Valley, NY 11560 Clerk ID: LYNDAR Internal ID: 6559 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehfinger 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://sout holdtown.north fork.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, MAY 3, 2012 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~ MAY 3~ 2012: 2:30 P.M. - BARRY ROOT #6559 - Request for Variance from Article XXll Code Section 280-tt5(B) based on an application for building permit and the Building Inspector's February 14, 20t2 Notice of Disapproval concerning proposed partial demolition and reconstruction with additions to a single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, located at: 63t5 Indian Neck Lane (adj. to Richmond Creek) Peconic, NY. SCTM#1000-86-6-20 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. Southold.ny.us. Dated: April 6, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 63095 Main Road (Mailing/USPS) P.O. Box tt79 Southold, NY 11971-0959 NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME ROOT, BARRY #6559 MAP # 86.-6-20 VARIANCE BULKHEAD SETBACK REQUEST DEMO/RECONSTRUCT WITH ADDITIONS DATE: THURS, MAY 3, 2012 2:30 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ~ONING 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 April 9, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,May 3, 2012 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 April 16th: 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 rolls 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 to 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 the hearing, providing the returned letter to us as soon as possible; AND not later than April 23rd: 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 April 25th: 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 Postin,q for receipt by our office before May 1, 2012. 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. #10649 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is ~rincipal 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), successfully commencing on the 1~9th day of~. day of Sworn to before me this ,~ncipal Clerk RIBTINA ~ NOTARY PUBLIC-STATE OF NEW YORK NO. 01V06105050 Quallflecl In Suffolk County My Comml~thn ExpOes February 28, 20~6 LEGAL NOTICE SOUTHOLD TOWN ZONI~G BOARD OF APPEALS THURSDAY MAY 3, 2012 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zouing),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Ha/l, 53095 Main Road, Et. Box 1179, Soudiold, New York 1 ! 971-0959, on ~J:IURSD~ MAY Carryover Hearings, continued from prior meetings and pending addiilona] information: A~journed from Public Hearing April g, 2012 IO~O A.M.- OLiVEi~GLOR1A 10:20 A.M. *ROBERT SUSAN #656~3. Request for Variance from cie XXH Code $cctinn 280-116(B) based on an application for building permit and the Building Inspector's February 2012 Notice of Disapproval concerning proposed additions and alterations to a single family dwelling, at;l) less than the code required bulkhead setback ti 75 feet, located at: 2715 Nassau Point Road (adj. to Hog Neck Bay) Cutehngue, ~ou,~ - Kcqueat for Variances from Ar- ticle IV Code Scctinn 280-18, based on an application for build!n# permit and the Building Inspectors 3anuary 24, 2012 Notice of Disapproval concerning proposed additions and alterations to a single family dwelling, at; 1) less than the code required front yard setback of 50 feet to Carrington Road, 2) less than the code required front yard set- back of 50 feet to Nassau Point Road, located at: 4800 Nassau Point Road (cor- ner Carrington Road) Cutchnguc, NY. bIER #65~;0 . Request for Variance from Article XXII Code Section 280-116(B) byed on an application for building per- mit and the Building Inspector's March g, 2012 Notice of Disapproval concerning screen porch with outside shower Over ex- isting deck to a single family dwelling, at; i) less than the code required bulkhead setback of 75 feet, located at: 1665 Shore Road (adj. to Pipes Cove) Greenport, NY, SCTM#1000-47-2.30 11:20 A.M,. RICHARD MEYER- HOLZ #6S~ . Request for Variances from Article XXIII Code Section 280- 124, based on an application for build- ing permit and the Budding Inspector's 3anuary 12, 2012 Notice of Disapproval concerning proposed demolition and re- construction of a single family dwelling, at; 1) less than the code required front yard setback of 35 feet, 2) less than the Code required minimum side yard set- back of 10 feet , 3) less than 'the code required total combined side yards of 25 feet, 4) more than the code permitted lot coverage of 20% maximum, at: 4245 Bay Shore Road (adj. to Pipes Cove (Shelter Isla~nd Sound)) Greenport, NY. SCTM#1000-53 6-23 /J~0 n.~tN m~l_aus4i~ i~ #656J.. Request for Variances from Article XXIII SecQon 280-124 and Article III Section 280-15 based on an apphcation for building permit and the Building Jnspector!s Iuty-29,2011, updat- ed March 20, 2012 Notice of Disapproval concerning addition and alteration to an attached by breezeway accessory garage, at; 1) less than the code required front yard setback of 40 feet, 2) more than the maximum height allowable of 22 feet, located at; 1040 Pounders Path (corner Landon Road) Southuid, NY SCTM# ~ P.M.s-- LAURA YANTSO.e.. 116562 - Request for Variance from Ar- ticle XXIII Section 280-124 based on an application for building permit and the Building Inspcctoffs March 6/2012 Notice of Disapproval concerning "as built' addition to an e,'ds ting single fam- ily dwelling, at; 1) less than the code re- quired side yard setback of I0 feet, in- acted at; 3455 Bay Shore Road (adj. to Shelter Island Sound) Greenport, NY. 1:20 P-M, - LISA and DAVID ¢]{ ~RELLI #6488 - fRe*Onened fi, Autust 4. 2011 oub]ic hearing.) On Au- gust 18, 201I the Zoning Board of Ap- peals granted a front yard, rear yard and side yard variance to the applicant based upon a Request for Variances from Ar- ticle XXIII Code Section 280-122 based on a buildillg permit application for ad- ditions and alterations to a nonconform. lng building, located at; 1335 New Suffolk Road Cutchogue, NxL SCTM# 1000-109- 7-9.3. The Zoning Board of Appeals, at its April 5, 2012 Regular Meeting, voted on its own motion to re-open the public hearing to consider additional facts not in the record concerning two principal uses on the site and comphance with lot area requirements as set forth in the memorandum from the Planinng Board to the Zoning Board of Appeals dated February 15, 2012 and other pertinent Town records. Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing April 5, 2012 ~ W~LLdAM TOBXF.,~. ~553 '~P.d~. - GEORG~ aCHN~IDF, R Exception under Article III, Section 280-13B(13). The AppIicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure, requests variance from Sec- tion 280-13B(13)(a) total square footage of more than the maximum livable floor area of 750 square feet, at; 1125 Pequash Avenue (corner Willow Street), Cu- tchogue, NY. SCTM#1000-103.7.20 - Request for Vahance from Article XXII Code SeCtion 280-I16(B) based on an application for building permit and the Building Inspector's February 14, 2012 Notice of Disapproval con- earning proposed partial demolition and reConstruction with additions to a singl, family dwelling, at; 1 ) less than the code required bulkhead setback of 75 feet, located at: 6315 Indian Neck Lane (adj. to Richmond Creek) Peconic, NY. SCTM#1000-86.6-20 ~0 P.M, - HERNAN MIC[iA~ O~TANO (BREEZy SHORES) Request for Variance from Article XXIII Code Section 280-123 and thc Building Inspector's December 12, 2011, updated March 6, 2012 Notice of Disapproval based on an application for building per- mit for damolitioa and construction of a cottage at; 1) a nonconforming building containing a nonconforming use shall not be enlarged, reconstructed, struc- turally altered or moved, unless such building isckanged to a-conforming use located at: #5 Breezy Shores Comm. Inc., Sage Blvd. (adj. to Shelter Island Sound) Greenport, N~L SCTM#1000-53.$. 12.6 The Board of Appeals will hear all persona 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 des!gnatod above. Files are available for review during regular business hours and prior to the day of the hearing. If office at, (631) 765-I889, or by ems!l: Dated:April 9~ ~0~2 · ' 'ZONING, BOAR~ O F APi~ALS LESLIE KANES WEI~MAN, CHAIR. PERSON BY: Vicki To th 54375 Main Road ~Offiee 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971.0959 TOWN OFSOUTHOLD ZON1NG BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of: AFFIDAVIT OF MAILiNGS x't(Name of Applicants) SCTM Parcel # 1000- COUNTY OF SUFFOLK STATE OF NEW YORK I, L~-__~]~IO ~O~'g//')e//! residing at 30/~156, c[oq.~l, DlJ}t~k21 New York, being duly sworn, deposes and says that: On the / 7 dg,~ of ,4~Or! ~' ,20/~, I personally mailed at the United States Post Office in j~(~gO/c_~ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true 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 record, surrounding the applicant's property. (Signature) Sworn to be.fore me this / ~ day of ~r~ /f20 J~)x (Notary Public) Commission E~plre~.lbl~2~, 20 ~ o, 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. Total P~tage & Fee~ $ rn ~Y~C i A L U S ~J TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of ~ame of Applicants) AFFIDAVIT OF POSTING Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- COUNTY OF SUFFOLK) STATE OF NF~W YORK) I, /~-~/~xtQ~)~.t~/,/~/ residing[t~~ C[ 0'~, ~(~f_) ]_ .f~O/(~_., ,New York, being duly sworn, depose and say that: On the. ~'T/__ day of ~ ~ ,20 ~l~personally placed the Town's Official Poster, with the date d/f 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) d~a~)~rior toXhe ~-.. ~ date of the subject heating date, which hearing date was shown to I~e~/??/~/~/r ~C~//tS~/-~' Sworn to before me this I Day of ~Ot/ ,201.3-~ / VICIO TOTH ' Notary Publi~.Stat~ of New York No. 01T0519059~ Oualified n Suffolk County ,t Corem ssion Expires July 28, 20 ! ~ * near the entrance or driveway en,trance of my property, as the area most visible to passerby. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can ratum the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. I~.~Rec~edby(PrintedN~) lC. Date of Delivery D. Is ~Jelivery address diffemnt from ltem l ? i--lyes If YES, enter daiJvery address beh3w: [] NO Ps Form 3811, February 2004 7010 0780 0000 8661 2970 Dom~tic Return Recei~ · Complete items 1,2, and 3. Also complete item 4 If Restricted Deliveq/is desired. · Print your name and address on the reveres so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: x, A. Slgnsture [] Express Mail [] C.O.D. 2. Article Number ~=~/~ ~om ~ 7010 0780 PS Form 3811, February 2004 0000 8661 3014 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete Item 4 if Restfl~ted Dellvmy Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this smd to the back of the mailplece, or on the front If space pmmlte. 1. Article Addressed to: B~.~-e(Jeived~/pted/~) lC. D~tsof Delivery ~'~ D. Isdel~vmyaddressd~fTomiteml? []Yes ~ If YES' enter delivery address hal°w: n N° 1~ 3. Seneca Type [] C-,e~tflKI Mall [] Reglsta~d [] In~umd Mail [] Express Mail [] Retum Receipt for Memhandise t~ · [] C.O.D. 4. Restricted Deliver? ,.~ra Fee) [] Yes 2. Art[cJe Number C~=,~[~,'~msen 7010 0780 0000 6661__ 2963 PS Form 3811, Fe~bruary 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so thet we can tatum the card to you. · Attach this card to the bac~f the mnilpiece, or on the front it space pen'nits. 2. ArUcle Numbe ~Sig re [] Agent B. I~:~ved by ( Pdnted Name) C. Date of Delivery D. isdelive~addressdiffemnt fromifeml? EYes If YES, enter delive~j address below: [] No 7010 0780 0000 8661 3007 PS Form 381 1, February 2004 Domestic Return Receipt 102595-02-M-1540 ~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · EO. 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 March 13, 2012 Mark Terry, Principal Plalmer LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6559 (Root) Dear Mr. Terry: We have received an application for partial demolition and reconstruction with additions in Peconic. 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 · 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:Hsoutholdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 March 14, 2012 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 #6559 Action Requested: Within 500 feet of: Owner/Applicant: Root Partial demo/reconstruction w/additions ( ) 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 // NOTICE COUN~ o~ SUFFOLK Real Property Tax Se~i~ Agency 7.1 SECTION NO