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HomeMy WebLinkAbout1000-104.-13-8 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To' Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: April 24, 2012 Re Coastal Consistency Review for ZBA File Ref. ROBERT SULLIVAN #6563 SCTM#1000-104-13-8 ROBERT SULLIVAN #6563 - Request for Variance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building Inspector's February 8, 2012 Notice of Disapproval concerning proposed additions and alterations to a single family dwelling, at; 1 ) less than the code required bulkhead setback of 75 feet, located at: 2715 Nassau Point Road (adj. to Hog Neck Bay) Cutchogue, NY. SCTM#1000-104-13-8 The proposed action has been reviewed to Chapter 268, Wate_rfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization F~rogram (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 second story addition is EXEMPT from LWRP review pursuant to'. § 268-3. Definitions. MINOR ACTIONS item "11" which states: II. Additions to an existing building or rebuilt residential structure which results in no net increase in ground area coverage, except where the parcel is located in a coastal erosion hazard area; The parcel is not located within the Coastal Erosion Hazard Area. Cc: Jennifer Andaloro, Assistant Town Attorney BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard 1~ Goehringer George Homing Ken Schneider 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 April 6, 2012 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6563 (Sullivan) Dear Mr. Terry: We have received an application for additions and alterations in Cutchogue. 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. APR - 6 2012 TO: FORM NO. 3 NOTICE OF DISAPPROVAL DATE: February 8, 2012 Mark Schwartz for: Robert Sullivan P.O. Box 933 Cutchogue, NY 11935 Please take notice that your application dated February 8, 2012: For permit for additions and alterations at: Location of property: 2715 Nassau Point Road Cutchogue, NY County Tax Map No. 1000 - Section 104 Block 13 Lot _8 Is returned herewith and disapproved on the following grounds: The proposed additions and alterations on this non-conforming 30,824 sq. ft. 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 46.5 feet from the bulkhead. 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. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 I'EL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork. net Examined ,20 ~.pproved Disapproved a/c ,20__ Expiration ,20 PERMIT NO. BUILDING PERMIT APPLICATION CHECK' Do you have or need the following, before app; SOUI'HOLD. Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees C.O. Application Flood Permit Single & Separate Storm-Water Assessment Form Contact: Mail to: ~.~ Phone: ' Building Inspector APPLICATION FOR BUILDING PERMIT ,, D.te lz / , 2o_ 1NsT'RucTi6Ns : , , ./ ',- / a. This application MUST be completely filled iii by typewriter or in ink and submitted to the Building Inspector witl: :ets 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 treas, 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 peru hall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in pa~ for any purpose what so ever until the Building Inspector ssues a Ceaificate of Occupancy.: ..:: ~ ;. , . f. Eve~ buiMing permit shall expire i~the work authorized has oot commenced within 12 months aKer the date of ssuance 6~ hhs not bd~n completed w~thm ~ months frdm ~uc ~ date. ' "~ ' f no zomng amendments or other regulations affecting ,rope~ have been ~nacted in the interim, the Buildins Insnectnr may anthnrJw~ ;n .,a~r[f;~fh~ ~*~o:~ ~C*~ .... :. c .... ',uopc*Hdd~ s~ql *lB puc o~cm ol ptm ~o~ pies oql pouuoj~od oAmI Jo uuoj]od ol p*z~oqln~ Xlnp s~ puc 's~*u~o ~o ~*u~o 'pomeu ltmo,ldd~ ~ql s, oq(s)l~ql s.~s pt,e sosod~p 'uJo~s Alnp ~u,oq File Edit View Toolbar Window Help Ready APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the vast of town officers and emolovees. The Durvose of this form is ~ ~rovide information which can alert the town of ~ossible conflicts of interest and allow it to take whatever action is necessary to avoid same.~ (Last name, tirst ~am~ middle initial, unless you are applying in tl~ name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance ~/' Trustee Change of Zone Coastal Erosion Approval of plat Mooting Exemption from plat or official map Planning Other (If"Other", name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee oftbe 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 tom officer or employee owns more than 5% of the shares. YES NO ~ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of porson 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 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 oftbe applicant; or D) the actual applicant. DESCPdPTION OF RELATIONSHIP Form TS 1 Submitted ~dsay of ~/,~. 200]~ Print Name ~'~.f'o[.-,~.~ Board of ZoninR Appeals Aonlication AUTHORIZATION (Where the Applicant is not the Owner) (Print property owner's name) residing at lie/'J~.~ff ~.b{' (Mailing Address) do hereby authorize f~/~ Pk ~hWD/'~t~---- (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Print Owner's Name) I Fee: $ Filed By:. Assignment No. I APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 2715 Street Nassau Point Rd Hamlet Cutchogue SCTM 1000 Section 1 04 Block 1 3 Lot(s). 8 Lot Size 30824 Zone R40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ~JS/V:, BASED ON SURVEY/SITE PLAN DATED 1/6/12 Applicant(s)/Owner(s): Robert Sullivan Maili.gAddress: 118 Hampton Rd Garden City, NY 11530 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: Mark Schwartz .forr~Owne~[---~ther: Address: P.O. Box 933 Cutchogue, NY 11935 734-4185 Telephone: Fax: 734-2110 Email: mksarchitect@optonline.net Please check to specify who you~t~.b correspondence to be mailed to, frojjt.~e above names: [---]applicant/Owner(s), [~]nuthorized Representative,u Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 2/8/'~2 and DENIED AN APPLICATION DATED 2/8/12 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: xxu Section: 780 Subsection: 118(8) Type of A.A.A~ppeal. An Appeal is made for: I¢lA 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 appealr~'] has, [] has not been made at any time with respect to this property, UNDERAppeaiNo(s). 2486/5:¢tL,3, Year(s). 1978 /~(~ . (Plea~e be sure to research before complettng thts questton or call our o~ce for asststance) Name of Owner: ZBA File # REASONS FOR APPEAL {additional sheets mat' be used with preparer's signature): ,4REA I/ARI~INCtz' RE.4SONS: (I) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The screen porch will be a portion of the existing deck. The house with the deck has existed in the same location since 1971. (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 house is existing and the screened porch will be a portion of the deck. The location of the deck is within the 75 foot bulkhead setback. (3) The amount of relief requested is not substantial because: The deck is setback 38.3 feet from the bulkhead and the proposed screened porch will be set back an additional 8 feet on the deck. (4) The variance will NOT have lin adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The footprint is not changing. It will be a screened in area. All stormwater will be retained on site. (5) [las the alleged difficulty been self-created? [7lYes, or [~No. Are there Covenants and Restrictions concerning this land: ~'] No. ~]Yes (please fi~rnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ~ IF A USE V~RL4NCE IS BEING REQUESTED, AND PLEASE COMPLETE TIlE .-ITT~4CHED USE I~RIANCE SHEEI;' (Please be sure to~otl~lt ),our attqrnet~?'~ Signature of Appella~¥/Autborized Agent Sworn tq.~fore me this day of ~_ , 20J_~. Notary Public VICKI TOTH N0tai'y Public, State of N~w York No. 01T06190596 Quali~ed in Suffolk Coun~ Commission Exokes !u!v 28 90 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premi.se?(listed on the real estate market for sale? Yes // No Are/there any proposals to change or alter land contours? V No Yes please explain on attached sheet. Fo 1 ) Are there areas that contain sand or wetland grasses9 ~ ~ 5 2.) Are those areas shown on the survey submitted with this application? .t4 M ~ 3.) Is the property bulk headed between the wetlands area and the upland bui~ing area? ~C~ 4.) If your property contains wetlands or pond areas, have.you contacted the Office of the Town trustees for its determination ofjurisdictinn? Ilo Please confirm status of your inquiry or application with the Trustees: 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? iq/9 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? /~/) 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. 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 .5tt{tl {?, ffafl{[~l . cz} ~ t ~0,1\ (C'Lt and the proposed use ,qD_ffi 6 60 ~ _.~/)¢~r) ?4:9 ~O ff(",,~J . (ex: existing single family, proposed: same with gargge, pool or other) Authorized signature and AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FOR3t: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in agricultural distric£ All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Pianning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1)N eofAppl,c t . . 2) Address of Applicant: /~_,0~_}{ (4',")~ 3) Name of Land Owner (if other than applicant): 1~'/9/-~'y',~ ~/4t4///~ ~'~/~ ' 4) Address of Land Owner://~ fl-?ff._]~//) ~ 5) Description of Proposed ~'~e~t: ~'°~_'~t~flP/~ ~10t~_ (},~d.! ~ g),?~) - 6) Location of.P.r.operts, (road and tax map number):~97/.z5/~/..~Z~ iooo- ' ' - ' 7) Is the parcel within an agricultural district? [~]No C']Yes If yes, Agricultural District Number 8) Is this parcel actively fanned? [~No I-lYes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the pamel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-193~~d ~l~beals at 765-1809. Signature of Applic~l Date Note: 1. Ihe local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part 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 propet~y owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means thc application is not complete and cannot be acted upon by the board~ 1-14-09 APPLICANT'S PROJECT DESCRIPTION · (For ZBA Reference) Applicant: Robert Sullivan Date Prepared: 2/9/12 I. For Demolition of Existing Building Areas Please describe areas being removed: n/a II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 11.4'X 16.4' 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: 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: 2 two stoo/water front dwellth9 Number of Floors and Changes WITH Alterations: same, convertin[l part of the deck to a screen porch IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 4106 Proposed increase of building coverage: 0 Square footage of your lot: 30624 Percentage of coverage of your lot by building area: 14.8 V. Purpose ofNew Construction: To be able to sit outside under cover and bug free. VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficuHy in meeting the code requirement(s): The deck is existing and we would like to cover a portion of it and convert into a screen porch. The dwelling has existed in the same location it has been added onto over lhe years, The portion of the deck to be covered is basically an extension of the roof line and will not cover the entire deck, but is within the 75 foot bulkhead 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 14-16-.4 (9/95)~Text 12 PROJECT 1,0. NUMBER I 617.20 I Appendix C State E~vlronmentel Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) ". I .. 1 4, PRECISE LOCA~ON (Street i~[s and road Intersections, ~romlnent la~dmlt~ itc., ot ~t~lde map) . IS PROPOSED ACTION: [] New ~ Expansion [] Modlflcltlon/alletallon DESCRIBE PROJECT BRIEFLY: SEQR 7. AMOUNT OF LAN~FECTED: ~ Initially ac~es Ultimately I~rl8 8. WILL PROPOSED ACTION COMPLY WITH EZISTING ZONING OR OTHER E~J~TING LAND U~E RE~TRICllON~? [] YeS ~ NO II NO. describe briefly / [] Asll~ulture i1] plfldF~'iI~UOpln Spiel [] Other 10, DOES ACTION INVOLVE A PERMIT APPROVAl. OR FUNDING, NOW OR ULTIMATELY F~OM ANY OTHER ~OVERNMENTAL AGENCY STATE OR LOCAL3? [] NO If yls. Iisi lOeWI) Ir~cI lm~mlt/l~l~ 11. 0OES ANY ASPEOT OF THE ACTION HAvE A CURRENTLY vat jD PERMIT OR APt=~OVAL'~ [~ Yes I~ NO If yes, list agent/name I~d 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ~""~ YI~ ~No I CERTIFY THAT THE iNFORMATION PROVIDED ABOVE la TI~JE TO THE aE~T OF MY KNOll. EDgE If the action Is in the Coastal Area, and you am a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER =ART II--ENVIRONMENTAL ASSESSMENT (To be completed by Agency) B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS iN 6 NYCRR. PART 617.6') If NC. a negative CeC~araI,O~ C COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING; (A.'qwer$ may De hanOwr~Uen, it ~egiotel C7 Other impacts (including changes in use of either quantity or type of energy)? Explain Ptielly. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTAEUSHMENT OF A CEA? [] Yes [] NO E. IS THERE, OR IS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL iMPACTS? ~ Yes [] NO II Yes, explain briefly PART III--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether His substantial, large, important or otherwise signilicanL Each effect should be assessed in connection with its (a) setting (i.e. ur'Dan or rural); (b) probability of occurring; (c) duration; (d) irreveraibility; (e) geographic scope; and (I) magnitude. If necessary, add attachments or reference supporting materials. Ensure that exolanations contain sufficient detail to show that all ratevant adverse impacts have been identified and adequately addressed. If- question D of Part II was checked yes, the determination and significance must evaluate the potential, impact of the proposed actio~ on the environmental characteristics of the CEA. {~] Check this box if you have identified one or more potentially large or significant adverse inf~&cts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Date Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfi'ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# I 0N 1 9)_ . ~ The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [~ Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: ~'~ I g] /k/~_fl SOu Site acreage: .0~0: ~ ~[ .~, ~ .'.'~, Present land use: ~:~l~JDla 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 ofapplicant: ~kO~'~ (c) Telephone number: Area Code ( ) D~_"~\ v) ~_~hk~ 1~. 18~:~ (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency7 Yes ~-~ No ~ If yes, which state or federal agencyT. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ~-~ Yes ~ No [-~ (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southoid. 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 No [~ (Not Applicable - please explain) Yes Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding an~i erosion. Sec LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes [] No ~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [-~ Yes ~-~ No ~ (Not Applicable - please explain) I Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ~-~ Yes ~-~ No ~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. ~-~ Yes ~-~ No ~ (Not Applicable - please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~-~ Yes ~ No ~'~ (Not Applicable - please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~-~ YeJ--~ No ~ (Not Applicable - please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. No ~] (Not Applicable - please explain) Yes Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. Yes [] No ~ Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes ~ No ~ Not Applicable - please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes ~ No [~ Not Applicable - please explain 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 possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Schwartz, Mark (Last name, ftrst 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.) Variance Special Exception If "Other", name the activity: NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Change of Zone Approval of Plat 1 Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a 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. YEsl I No l ,/ I Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): [ ] A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); ] B) the legal or beneficial owner of uny interest in a non-corporate entity (when the applicant is not a corporation); [ ] C) an officer, director, partner, or employee of the applicant; or [~"] D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~da.y of~~J L- Signature: ~'-~_~- ~ ./¥-~ ~ Print Name: .~t',t~ ~ ~- .~ t~ TOWN OF SOUTHOLD BUILDING DEPAKTMEHT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. BUILDING PER~iT (THIS PERARIT MUST BE KEPT ON THE PRF.~ISES UNTIL FULL COMPLETION OF THE' WORK AUTHORIZED) N? 5551 to Building IrLmt~lor. lrO~ NO. 4 TO~ OF SOUTHOLD BI~T.iMNC DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy THIS CERTIFIES that the building located at 27.15. Nassav~ ~.otn.~ ~td,... Map No .... J56 ..... Block No. .......... Lot No ....... .10. ........................ conforms substantially to the Application for Building Permit heretofore fried in this office dated . .Att~ust...17 ........ , 19..7(3 pursuant to which Building Permit No .... dated . ..~..u~...s.~ .... ?.S ........ , ~9...7.S, ,a, ~ued, and ~o~fo~s to aU of the ~qu~ ments of the applicable provisions of the law. The occupancy for which this certificate is of the aforesaid building. Suffolk County Dep~rtment of Health Approval .......... N/R ...................... UNDERWRITERS CERTIFICATE No ................... ~.~. ...................... .............................................. Cu,~ohostte ~. N~.Y ................. Building Inspector Coun~cy Tax l¥1ap ~ 1000-10~-1~-8 FOII~J NO, 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL cOMPLETION OF THE WORK AUTHORIZED) N°. fO016 Z Date ....................................................... Permission is hereby gronted to: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Building Inspector. /t'l?,O- 1 c'/- Building Inspector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No... Z.1.Q437 ........ Date ...... April..6 .................. 19...8 1 THIS CERTIFIES that the building ................................................ Location of Property 2715 Nassau Point Road, Cutchogue, N.Y. County Tax Map No. 1000 Section .... ~. 0..~ ..... Block .... 0.1. .3 ........ Lot ...0.0.8. ........... Subdivision... Kaasa~L .Po;Lp, t. ¢1.~1~. ~r.O.l~ ,Filed Map No...l~fi...Lot No....~ P ......... conforms substantially to thc Application for Building Permit heretofore fried in this office dated March 17, 19 p~suanttowMchBuilclingPermitNo. 11075 Z dat~ ..... ~.a.v.c..h..2fi. ,. ............ 19 8. ]., 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 ......... Deck Addition to Dwelling The certificate is issued to .... ~ !~:hA~.d.. F.R3~ .1 ,..S.r., ................................... [owner, I~s~.~. ~aa~O .... of the aforesaid building. Suffolk County Department of Health Approval N / R UNDERWRITERS CERTIFICATE NO.. Building Inspector 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No... 7..1.1.747 ........ Date ......... THIS CERTIFIES that the building .... A].t~or~,t~:Lon. ............................... Location of Property ...2715 ............ Il. as Sa.u, .1~ 0j-,R~. [t~1.. .......... fi.R~ gp.~q ~ .... House No. Street Ham/et County Tax Map No, ]000 Section ...1.Qt~ ...... Block ..... Q 13 ....... Lot ..... qQ~ .... : .... ' Subdivision.. lt2m=au..~'.o ~.n.t, .............. Filed Map lqo .... 1.5(~..Lot No .... .1.0. ....... conforms substantially to the Application for Building Permit heretofore flied tn this office dated J{Q veto.he r..1.7. ........ 1982. pursuant to which Building Permit No .... 1 ~.0.~.6. Z. ........... dated . Zlecemhec..1 ............... 198~., 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 ......... .al Le~.a~; tor~ .o~. a.xis/:.Lng, d~a L l;Lr, g .......................................... The certificate is issued to .............. 2.I C HA2. D. IdJLL [, .............................. town,r, of the aforesaid building. Suffolk County Department of Health Approval ............ lg/~, .......................... UNDERWRITERS CERTIFICATE NO .................... 1~ 6~ ~ 38 ...................... 1/81 Building InsPector FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No ....Z 1 ~ 7A.6 ....... Date ......... J.u.r~e. 2B. ............... 19.63 THIS CERTIFI£$ that the building .... A 1 t or.a t io~ ................................ ~fion of P~per~ ... 27.~ ~ ............. ~ a s~a u, P.~in ~. ~d ............. ~ ~q ~ 0~. ~o~ ~o, S~t Ham/et County Tax Map No. 1000 Section .. t 0 ~ ....... Block ...Q ~ 3 ......... ~t ...Q ~ ~ .......... ; Subdivision ..... ~aau..Roan: ............ Ffl~ Map No..1.56 .... ~t No.. )D .......... c~forms subst~ti~y to ~e Appli~tion for B~d~g Pe~t heretofore ~ed in ~s office dated ... N. ovem~ec.; .7 ...... 19 ~2 pursuant to w~ch B~ng Pe~it No ~20~.7.~ dated .. Dee.ember.. 1 .............. 19 82, w~ i~ued, ~d confo~s to aU of the r~ments of the a~pli~ble pmv~ions of the law. ~e occupancy for w~ch ~s ce~lficate ~ i~ued ~ ......... · · a~:era.~on. ~n · ex~s:~n& .d~e~ ln& ........................................ ~e ~te is i~ued to RICHAR~ WRLL ~;~: .... of the afores~ b~]dtng. Suffolk CounW De~mont of ~]th Appm~ ..... N~.~ ................................. ~0~q0 ~DERWR[TERS ~RT~F~CA~ NO ............... Building Inspector FOPd~ NO. 4 ~X)WN OF SOLW~HO~D BUILDING DE pART~NT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPP/~CY ~0:Z-27512 Date: 01/16/01 T~{IS c~KTIFIES tAhat the building ALTERATION Location of P~erty: 2715 NASSAU POI~ RO~ ~CHOG~ (HOUSE NO.) (STREET) (~ET) Cowry T~p NO. 473889 Section 104 Block 13 ~t 8 confo~s s~stantially to the Application for Buildin9 Pe~it heretofore fil~ in t~s office dated ~LY 3, 1990 ~su~t to w~ ~il~ Pe~t No. 19215-Z ~t~ ~Y 20~ 1990 was issued, ~d confo~s to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ENCLOSE EXISTING OPEN DECK TO SCREE~ ~R~ OF EXISTING ONE F~ILY DWELLING "A~ BUILT". NOTE: THIS CO IS ISSUED BASED ON AN INSPECTION DONE BY CURTIS W. HORTON ON JAN. 8~ 1991. The certificate is issued to A~N B. WA3~L REVOC3%BLE TRUST (OWNER) of the aforesaid building. Auth~ Signature Rev. 1/81 'I F21Ch?4~ D ': ' ' ' FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY NO: Z-29755 Date: 10/02/03 T~IS ~TIFIES ~h~t t~e builA~-~ ADDITION Location of Pro~er~y: 2715 N~SAU POI~ ~ C~OG~ (HOUSE NO.) (S~ET) (~LET) C~ty T~ ~p No. 473889 Be~on 104 Bi~ 13 ~t 8 ~vlsi~ Fil~ ~p NO. __ ~t No. __ confo~s s~stantially to the A~lication for Building Pe~it heretofore fil~ in t~s office ~t~ DBC~ER 31t 2002 ~3~--t to ~ ~il~ ~t ~. 29080-Z ~ted J~Y 7, 2003 was issued, and confo~s to all of the retirements of ~he applic~le provisions of the law. The occupancy for which this certificate is issued is SE~ STORY DBCK~DITION TO EXISTIN~ SINGLE F~ILY D~LLING ~ APPLIED FOR. The certificate is issued to ROBERT G SULLIVAN (OWNER) of =he aforesaid building. ~UFMOI.K COI~F~Y D~PAI~A~BI~T OF H~ALTH APPRO%rAL N/A ~.u~THICAL C~HTIFICATE NO. 75907C Pr-D)~B-~ CEHTIFICATI~ o8/~/o3 Rev. 1/81 J. NI~ S Ildl& FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-34276 Date: 04/16/10 THIS CERTIPIEH that the buil~-g COVERED PORCH ADDITION Lo~atio~ of p~rty: 2715 NASSAU POINT RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax ~I~NO. 473889 Sectio~ 104 Block 13 Lot 8 Subdivision Filed Map No. __ Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 25, 2006 ~ur~-t to w~/ch Bui]~i~ ~rmlt No. 32240-Z dated JULY 26~ 2006 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 COV~R~ PORCH ADDITION TO AN EXISTING ONE FAMILY DWELLING AS APPLIED FOR The certificate is issued to ROBERT G SULLIVAN & JACQUELINE STEVE (OWNER) of the aforesaid building. ~u~I~K CO~NI~f DEPART~TOF HKALT~ APP~O%rAL N/A z.~T~IC~%L(]]~IFICA~NO. 3011706 pLO~C]~TIFICATI~DA'r~ N/A os/o7/o7 ~~hori z~e ' Rev. 1/81 IOHN C. EHLERS LAND SURVEYOR FORM NO. % TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-33349 Date: 10/22/08 THIS U~TIFTK~ ~h~t ~h, building ACCESSORY I&~-ati~of l~cy: 2715 NASSAU POINT RD CUTCHOGUE (BOUSE NO.) (STREET) (}L%MLET) C~ty Tax Map No. 473889 Section 104 Block 13 I~ 8 Subdivisi~ Filed ~mp NO. __ Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office ~ated SEPTEMBER 12t 2806 pur~,~--t to which ~l~i,g ~t No. 32357-Z dated SEPTFAMBER 121 2006 was issued, and conforms to all of the requirements of the applicltble provisions of the law. The occupancy for which this certificate is issued is ACCESSORY IN GROUND SWI~4ING POOL WITB FENCE TO CODE AS APPLIED FOR. l~ne certificate is issued to ROBERT G SULLIVAN & JACQUELINE STEVE (OWNER) of the aforesaid building. ~UF~OLK Cou~l'~ D~PAI~T~m~i- OF H~ALTH APFRO%rAL N/A ~.~C~RICAL Cl~TIPICATE NO. 115921C 08/17/87 i~L~P~ ~FICATI(~ l~Al-~d~ N/A Autho~e Rev. 1/81 Ap~N~ 2486 ~a October 17, 1978 To Richard Wall 2715 Naseau Point Road Cutohogtte, New York 11935 (wllliam J. Jacobs, ae Agent) Permission to use an accessory building ~mflna~b~m~ 8225 P.M. - Upon application of Richard Wall, 2715 Nassau Point Road, Cutchogue, New York (William J. Jacobs, as Agent), for a variance to the Zoning Ordinance, Article III, Section 100-32 for permission ~o construct an accessory building in the front yard area. Location of property= Nassau Point Road, Cutchogue, New York, bounded on the north by Felix R. Palmeri~ east by Little Peconic Bay~ south by Bernard N. Goerler; west by Nassau Point Road. (would not) APPROVED Chailman u~am gk After investigation and inspection, the Board finds that the applicant wishes to ¢onstr~ct an accessory building which will contain a two car garage and 2 bedrooms above the garage. On the east side of the building will be a room 20 feet by 25 feet. The Board finds that strict application Of the Ordinance would produce practical difficulties or unnecessary hardship~ the hardship create4 is unique and would not be share4 by all properties alike in the *mmediate vicinity of the property and in the same use district~ and the variance will not change the character of the neighborhood and will observe the spirit of the ordinance. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED that Richard Wall, 2715 Nassau Point Road, Cutchogue, New York, be GRANTED permission to construct an accessory building in the front yard area as requested. ~ocation of property= Nassau Point Road, Cutchogue, New York, bounded on the north by Felix R. Palmeril east by Little Peconic Bayl south by Bernard E. Goerler~ west by Nassau Point Road, subject to the following= (1) The pramises to be created consisting of a garage and two guest rooms and a cathe4ral ceiling living roo~ shall not be lease~ or provided with cooking facilities. Under no circumstances shall a dwelling unit he created out of the combination guest house and garage. (2) Building shell be 3-1/2 feet from the southerly lot line and 100 feet from the property line on Nassau Point Road. (3) Building shall not exceed 18 feet in height. (4) Suffolk County Planning Com~ission Approval. Vote of the Board: Ayes{ Masers= Gillispie, Grigonis, Doyen, Douglass and Tuthill. APPkALS BOARD MEMBERS Ruth D. Oliva. Chairwoman Gerard R Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman SouthoM Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Town Annex/First Floor, North Fork 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 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 29, 2006 RECEIVED 1: AUff 2 1 ZBA File # 5902 - ROBERT and JACKIE SULLIVAN Property Location: 2715 Nassau Point Road, Cutchogue CTM 104-13-8 SEORA 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 30,824 sq. ft. parcel has 100.44 feet along Nassau Point Road in Cutchogue, and is i,,~,,oved with a two-story frame house, accessory building, shed and swimming pool, as shown on the site plan prepared by Mark K. Schwartz, A.LA. dated 4/19/2006. BASIS OF APPLICATION: Section 100-242A (referring to ZBA Intenpretation No. 5039 dated t/24/02) and 100-244, based on the Building inspector's April 24, 2006 Notice of Disapproval concerning proposed additions and alterations to thc existing dwelling, which constitutes an increase in the degree of nonconformance when located less than 15 feet from a single side yard and less than 35 feet for both side yards combined. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 22, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be mae and relevant: AREA VARIANCE RELIEF REOUESTED: The second-floor roof of the applicants' existing dwelling is proposed to be removed and reconstructed, and the fa-st floor and basement will remain. Also proposed is an extension of the existing one-story porch on the north side of the dwelling with kitchen/breakfast nook proposed at a minimum of 14 feet from the northerly side property line. The total side yards are proposed at 34 feet. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, thc Board makes thc following fmdings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Placement of the proposed new eonstxuction in the front and side yards will Page 2 - June 29, 2006 ZB File No. 5902 - R. and J. Sullivan CTM No. 104-13-8 have no visual impact on adjacent properties and is in keeping with the style and scale of dwellings in the neighborhood. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance. The lot is only 100 feet wide and has existing side yard setbacks of 14' and 20' for a total of 34' instead of the code required 35'. 3. The variance granted herein is not substantial. Applicants are requesting a one foot variance for a side yard in order to maintain the existing 14' setback of the as-built heated porch and foundation, which will be enlarged as part of the living room of the house. All other proposed construction (a two story addition in the front yard, and a second floor renovation with new roof pitch to obtain code complaint ceiling heights) are conforming. 4. The alleged difficulty has not been self-created. The house was built prior to the code requirements for a 35 ft. total side yard, 15 ft. minimum and 20 it. remaining side yard. 5. No evidence has been submitted to suggest that the proposed additions will have an adverse impact on physical or enviroumentsl conditions in the neighborhood. Ail proposed construction is within existing setbacks to bulkhead and do not require variances. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an enlarged dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BQARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, subject to the following condition: That there shall be an open, unobstructed clearance along the existing southerly side yard of the house for a width of 20 feet. 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 revolving nonconformities under thc zoning code. This action does not authorize or condone any current or future USe, setback or other feature of thc subject propen'y that may violate the Zoning Code, other than such nses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer, Dinizio, Simon, and Weisman. Ruth D. Oliva 8/fl~,/06 Approved for Filing Chairwoman Oliva was NOTICE COUNTY OF SUFFOLK Real Properly Tax Service Agency SECTION NO 104 N 78"36'20" E 305.15' SITE PLAN SCALE: 1": 30'-0' $-1 FAST ELEVATION SCALE: 1/8~ -- 1' EXI~i'ING EAST ELEVATION REVISIONS: A-1 EXISTING FAMILY ROOM ,SCALE: 1/4" -- 1'-0' REVi~SlONS: