HomeMy WebLinkAbout1000-111.-1-26 & 25 OFFICE LOCATION:
Town Hail Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NYl1971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
To:
MEMORANDUM
Leslie Weisman, Chair
Members of the Zoning Board of Appeals
From:
Date:
Re:
Mark Terry, Principal Planner
LWRP Coordinator
Janua~ 24,2012
Coastal Consistency Review forZBA File Ref. ANTHONY S. CAMPO #6531
SCTM#1000-111-1-26 & 25.
The subject parcel is located in am AE EL 8 - FEMA Flood Zone.
ANTHONY S. CAMPO #6531 - Request for Variance from Article XXIII Code Section 280-122, based
on an application for building permit and the Building Inspector's April 13, 2011, updated December 2,
2011 Notice of Disapproval concerning 'as built' alterations to existing shed and deck,.at 1) nothing in
this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a
nonconforming building containing a conforming use provided that such action does not create any new
nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to
such buildings, the 'as built' structure has no record of a CO; at: 1165 Fisherman's Beach Rd., (adj. to
Cutchogue Harbor) Cutchogue, NY. SCTIV~1000-111-1-26 & 25.
If the action is approved, it is recommended that a perpetual NATURAL VEGETATED BUFFER shown
as a NONDISTURBANCE BUFFER on the plan be established (varyinq widths) from the landward limit
of tidal wetlands. An example definition is provided for your use:
NATURAL VEGETATED BUFFER - A land area of a certain length and width where existinq
veqetation occurs prior to the commencement of any .qradinq or clearinq activity. Vegetation shall b~,
maintained to achieve a minimum percentage of qround cover of 95%. To achieve the percentaqe of
ground cover, indiqenous, drouqht-tolerant veqetation shall be planted. Survival of planted veqetation
shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removin.q
veqetation which is hazardous to life and property, trimming tree limbs up to a heiqht of 15 feet to
maintain viewsheds, replantinq of veqetation and establishing a four-foot-wide access path constructed
of pervious material for access to the water-body. [Added 12-15-2009 by L.L. No. 15-2009]
.It is recommended that the buffer area be staked prior to any construction on-site.
Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written
determination regarding the consistency of the proposed action.
Cc: Lori Hulse, Assistant Town Attorney
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehringer
George Homing
Ken Schneider
53095 SM°a~tnh[~ltda~°.W;o.HaBllox 11795
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 SOUTItOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
December 9, 2011
Mark Terry, Principal Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
Re: ZBA File Ref. No. #6531 (Campo)
Dear Mr. Terry:
We have received an application for alterations to an "as built" shed and deck 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.
To:
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: April 13,2011
Updated: December 2, 2011
Mark Schwartz for
Anthony Campo
P O Box 933
Cutchogue, NY 11935
Please take notice that your application dated December 1,2011
For alterations to an "as built" shed & deck at
Location of property t 165 Fisherman's Beach Rd, Cutchogue, NY
County Tax Map No. 1000 - Section 111 Block 1 Lot 26/25
Is rctumed herewith and disapproved on the following grOunds:
The alterations on this non-conforming lot, is not permitted pursuant to Article XXIII
Section 280-122 which states;
"Nothing in this article shall be deemed to prevent the remodeling, reconstruction
or enlargemem of a nonconforming building containing a conforming use,
provided that such action does not create any new nonconformance or increase the
degree of nonconform~ance with regard to the regulations pertaining to such
buildings."
The "as built" structure has no record ofa C.O.
4
$
g
18.2
I~EV]SIONS:
IIlIH I {llilllli i i1{
WEST ELEVATION
SCALE: 1/8" = 1'
EAST ELEVATION
SCALE: 1/8" = 1'
SOUTH ELEVATION
SCALE: 1/8" = 1'
I
NORTH ELEVATION
SCN-E: 1/8" -- t'
OPRO3ECT
NORTH
FLOOR PLAN
SCALE: 1/8" = 1'
A-1
Fee: $ Filed By: Assignment No. I
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
House No. 1165 Street Fisherman's Beach Rd Hamlet Cutchogue
SCTM 1000 Sectio. 1 1 1 Block 1 Lot(s). 26&25 Lot Size 11,503.05
ZO.e R40
I (~VE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED ~pn,~a. e0~ BASED ON SURVEY/SITE PLAN DATED c~o~r 2~ ~o~0
App,iea,/t~)~OZ.w;~r~s):.AnthonyCampo JA~ 7/ ~)t,
Mailing Address: 17 Sea Forth Lane Huntington, NY 11743
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 .for~wne~Other:
Address: P.O. Box 933 Cutchogue, NY 11935
734-4185 734-2110
Telephone: Fax:
Email: mksarchitect@optonline net
laSAe check to specify who yoN correspondence to be mailed to, fr~l~e above names:
pplicanUOwner(s), ]~ IAuthorized Representative, La Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN
~j~ATED~ and DENIED AN APPLICATION DATED ~ FOR:
'~g'~. Z o H I~]BuildingPermit ~ -Z ! COIl
I ~Certificate of Occupancy ( ) Pre-Certificate of Occupancy
[..~ Change of Use
J~ Permit for As-Built Construction
E_]Other:
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
Article: xxm Section: 280 Subsection: 122
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.
l~Interpretation of the Town Code, Article Section
[~Reversal or Other
A prior appeal [] has, [] has not been made at any time with respect to this property,
UNDER Appeal No(s). 21~4 Year(s). 1979 . (Please be sure to
research before completing this question or call our o~ce for assistance)
Name of Owner: ZBA File #
REASONS FOR APPEAL (additional sheets may be used with preparer's sig:utmre):
ARErl I~4RIANCE REASONS:
(1) An undesirable change will not be produced in the CIlARACTER of the neighborhood or a
detriment to nearby properties if granted, because:
The guest has been in this location since 1976 when the Zoning Board approved it's location.
It was constructed pdor to zoning. Deck additions are common amenity in this neighborhood.
(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 building department has no record of the building in this location, which was granted in 1976
by the Zoning Board. However the deck addition that is proposed or any addition will require a
variance due to the non-conformity of the building.
(3) The amount of relief requested i~ not substantial because:
The deck addition is in the ~tz,~'he~' cottage,/~)'~""'~" ;r~/;tTe~a~,~'~aat is owned by the applicant
on both sides of the road and is considered one lot by the Zoning Board. (See decision 2184)
(4) The variance will NO'r have an adverse effect or impact on the physical or environmental conditions
in the neighborhood or district because:
The proposed deck will conform to FEMA regulations and is non-habitable area.
(5l Itas the alleged difficulty been self-created? [~Yes, or [~No.
Are there Covenants and Restrictions concerning this land: r~No.['~Yes (Meuse furnish coorL
This is the MIN1MUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and lhe health, safety, and welfare of ~e communi~.
Check this- box ~ IF .d USE 154RI;4NCE IS BE~NG~~~REQ~ff~TED, AND PLE/ISE COMPLETE THE
A rrA CHED USE }MR/ANCE StIEET: (P/ease be
Sworn ta before me this ~~{
~ ~A ~ ~NIED.~H
~o¢~r~ Public N~ P~, ~ ~ ~ Y~
No. 01~1~
G~
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant:Anthony Campo by Mark Schwartz Date Prepared: June 1,2011
I. For Demolition of Existing Building Areas
Please describe areas being removed: none
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensionsoffirst floorextension: ~$do ~ lq,// ~ 5
Dimensions of new second floor: none
Dimensions of floor above second level: none
Height (from finished ground to top of ridge):multiple level deck
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor: no
IIL Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet if necessary)- Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations: one
Number of Floors and Changes WITH Alterations: same
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property: /9/0
Proposed increase of building coverage: (o4/
Square footage o f your lot: 11,§03.05 sq. 0.
Percentage of coverage of year lot by building area: · 04
V. Purpose of New Construction: Deck addition
VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) ou your land
and how it relates to the difficulty in meeting the code requirement(s):
The land conforms the building does not.
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
A. Is the subject premises listed on the real estate market for sale?
Yes X No
B. Are there any proposals to change or alter land contours?
X__No Yes please explain on attached sheet.
C. 1 .) Are there areas that contain sand or wetland grasses?__Yes
2.) Are those areas shown on the survey submitted with this application?__Yes
3.) Is the property bulk headed between the wetlands area and the upland building
area? no
4.) If your property contains wetlands or pond areas, have you contacted the Office of
the Town trustees for its determination of jurisdiction? yes. Please confirm status
of your inquiry or application with the Trustees: will apply I~
and if issued, please attach copies of permit with conditions and approved survey.
D. Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level? no
E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not
shown on the survey that you are submitting? (~ Please show area of the
structures on a diagram if any exist. Or state none on- the above line.
F. Do you have any construction taking place at this time concerning your
premises? . yes../If yes, please submit a copy of your building permit and survey as
approved by the Building Department and please describe: deck construction with out a permit
Please attach all pre-certificates of occupancy and certificates of occupancy for the
subject premises. If any are lacking, please apply to the Building Department to either
obtain them or to obtain an Amended Notice of Disapproval.
G. Do you or any co-owner also own other land adjoining or close to this parcel?yes ~
If yes, please label the proximity of your lands on your survey.
H. Please list present use or operations conducted at this parcel guest cottage_
and the proposed use same with deck addition . (ex: existing single
family, proposed; same withgarag¢, pool or o~h¢0
/(uthor~-ed sig~ /
No.. Z.6333 .....
TOWN OF SOUTIIOLI~
BUILDING DEPART~I~
Town Clerk's O~ic~
Southold, N. Y.
Certificate Of Occup~
RECEZVED
~OARD OF APPEAl~ '
THIS CERTIFIES that the building located at
conforrp, s substantially to the Application for Building Pert~it heretofore ~ed in thi~ office
dated ........... ~'~ .~.. ~$.., 19~?a. pursuant to whic~ Building Permit No..
19.~.,.., was issued, and conforms to all of the require-
merits of the applicable provisions of the law, The occu.r~ ncy for which thi~ certificate is
(oWner, lessee or tenant)
of the aforesaid building.
Suffolk County Department of Health Approval F~b...1~.. ~..crT.~. · 1~ .B,..lI~1;~a ....
tmggaw2mms CEaTn~CA~E No~.~36~ ...... ~e~t..tg.. ].~b ...............
HOUSE NUMBER.. ~ ~.~0 ....... Street..Ftsl~mms[. 8~soh. Road ...............
Date ............ Feb...~0 ........ ,19.7.5;-
(hi ~'~ater l~xt ) BeachJl~d
Certificate Of Occupancy
THIS CERTIFIES tlmt ~e b~g 1~ at FI~ ~a~ ~ S~t
~ap No. ~s~e~n~ ~o ........... ~t No. 1~ .... ~ ...............
confo~ ~t~lly ~ ~e App~ca~on for B~di~g Pe~t h~tofo~ ffl~ ~ ~ ~
da~ ......... ~gV. ~ ~ ..... , 19.~{. p~nt to wM~ B~l~g P~it No.~.. -
~ Nov ~2 19.~ was i~u~ ~d ~o~ to ~1 of ~e ~
men~ of ~e applicable ~v~io~ of ~e ~w. The o~up~ f~ wM~ ~s c~cate M
~ ~ .. ~tuta .aa~ fei~ .~11~...~9~ .~9. ~. l~t~!!~ ..........
~e c~ica~ is issu~ to ...~l.-.l~..~O~i~ .... ~ .......................
(o~, 1~ ~ ~t)
of ~e ~o~d ~il~ng.
S~olk County Deponent of Heal~ App~v~ ~. ~ ........ '.-.: ........
U~WEI~S ~ICA~ No. R~- 9~ .............................
HOUSE N~ ..... ~ J~ .... S~t .. ~~. ~a0k .~ ..............
..... ......
~u~8 ~r /
AGRICULTURAL DATA STATEMENT
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site
plan approval, use variance, or subdivision approval on property within an agricultural district OR within
500 feet of a farm operation located in agricultural district. ~Ill applications requiring an agricultural data
statement must be referred to the Suffolk CounO~ Department of Planning in accordance with Sections 239-
m and 239-n of the General Municipal Law.
1) Name of Applicant: /~]/~1~ ,~.~"7-~
2)AddressofApplicant:]:::~tgZflE~ ,d/~,_'"~:i[ ~Z~-/~/.//0~/~r ~ //~
3) Name of L~d O~er (if othe~an a~c~t): ~O~l~
4) Address of L~d O~er~7~ ~ ~
5)DescriptionofProposedProject: ~ ~l~l~ ~ ~~ ' -
6) Location of Prope~ (road and ~ map number)://~
7) Is the p~cel wi~in ~ agricul~al district? ~No ~Yes If yes, Agricul~ral District Number
8) Is this parcel actively farmed? ~[No [-IYes
9) Name and address of any owner(s) of land within the agricultural district containing active farm
operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through
the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall
locations by viewing the parcel numbers on the Town of Southold Real Property Tax System.
Name and Address
(Please use back side of page if more than six property owners are identified.)
The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at
765-193J} o~ the Zon!ng~l~f'~ppeals at 765-1809.
S ig"ffature o f Ap~(nt Date
Note:
1. The local board will solicit comments tiom 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 rials application.
3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners
identified above. The cost for mailing shall bo paid by the applicant at the time the application is submitted for review. Failure to pay at
such time means the application is not complete and cannot be acted upon by the board.
1-14-09
IPROJECT I.D. NUMBER I 617.20
Appendix C
Slate Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
.PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
d-/,/,'t tf 5c h ,t X T Z. I" O ECT.AME
SEQR
E. IS PROPOSED ACTION:
6. DESCRIBE PROJECT BRIEFLY:
hbo/T/md
7, AMOUNT OF LA~FFECTED:
WILL PROPOSEDD ACTION COMPLY WITH EXISTING ZONING OR OTHER EYJBTING LAND USE RESTRICTIONS?
WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NC~N OR ULTIMATELY FROM ANY OTHER ~OVTr. P. NMEI~TAL AGENCY (FEDERAL,
STATE OR LOCAL~?
NO Ir ~s. Ils! &genb'y($) &r14S IMrmlUipg~vlll
11. 0OED AHY A~PECT OF THE ACTION HAVE A CURRENI1.Y VALID PERMIT OR API~OVAL/
[~ YI~ [~No If ~ 11st &galley name and pellet/approval
,\
OVER
I
If the action Is in the Ce Area, and you sm a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
:~ART II--ENVIRONMENTAL ASSESSMENT {To be complete(~ by Agency)
~. WILL ACTION RECEIVE COOR(~INATE0 REVIEW AS PROVIDED FOR UNLISTED ACTIONS iN 6 NYCRR, PART 617.§~ Il NC, a negative cecla~al~o=
O WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABUSHMSNT OF A CEA?
£. IS THERE, OR IS THERE L~KELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
~ Yes [] No Il Yes, explain Ptiefly
PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTION$: For each adverse effect identified above, determine whether ilia substantial, large, impotent or otherwise significant.
Each effect should be assessed in connection wtlh [ts (al setting (i.e. ufoan or rural}; (13) probability of occurring; (c} duration; (dl
irreveraibility; (el geographic scope; and (I) magnitude. If necsssa~,, add attachments or reference suppoCdng materials. Ensure that
exolanations contain sufficient detail to show thai all relevant ad~rse impacts have been icleatitied and adequately addressed. If
queslion D of Part II was checked yes, the determinaflon and $ignilicance must evaluate the polenfial, 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 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 detarminaUon:
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 o£ Town officers
and employees. The purpose of this form is to provide information, which can alert the Town o£
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
YOURNAME: Schwartz, Mark
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, such as a company. If so, indicate the
other person or company name.)
Tax Grievance
Variance
Special Exception
If"Other",
name the activity:.
NATURE OF APPLICATION: (Check all that apply.)
Change of Zone [ ]
Approval of Plat [ I
Exemption from Plat
or Official Map I I
Other I I
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 l I NO[ e' ]
Complete the balance of this form and date and sign below where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through D (below) and/or describe the relationship in the space
provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply):
[ ] A) the owner of greater than 5% of the shares of the corporate stock
of the applicant (when the applicant is a corporation);
~ B) the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
~ C) an officer, director, partner, or employee of the applicant; or
[~"~ID) the actual
applicant.
DESCRIPTION OF RELATIONSHIP
Submitted this
Signature:~
Print Name:
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.
YOUR NAME: Campo, Anthony
(Last name, first name, middle initial, unless you are applying in the name
of someone else or other entity, such as a company. If so, indicate the
other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Tax Grievance~/ [
Special Exception
If "Other",
name the activity:
Change of Zone
Approval of Plat
/
Exemption fi.om Plat
or Official Map
Other
I
I
I
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 mom than 5% of the shares.
YES l I NO 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 any interest in a non-corporate entity
(when the applicant is not a corporation);
[ I C) an officer, director, partner, or employee of the applicant; or
[ I D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Anthony Campo
17 Seaforth Lane
Huntington, New York 11743
631-988-4022
July07,2011
To Whom It May Concern:
I, Anthony Campo, authorize Mark Schwartz, AIA - Architect, to act as agem
for permit applicatiom to the Southold Town Board of Trustees, New York
State Depas Imem of Environmental Conservation and Southold Town
Zoning Board of Appeals, Suffolk County Depas tment of Health and the
Southold Building Depa~'~,nent. The proposed residential consu-ucfion
project is located at 1165 Fisherman's Beach Road, Cutchogue, New York
(SCTM# 1000-111-01-24, 25, 26).
Sincerely,
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NYq1971 '
TEL: (631) 765-1802
, ~S 9%t~ oldT own.N~ ~th Fo r k.]~..et
Examined ,20__
Approved ,20
Disapproved a/c ~//,/~/~/
Expirafl'qon
,20.
PERMIT NO.
BUILDING PERMIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
4 sets of Buildihg Plans
Planning Board approval
Survey_
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Flood Permit
Storm-Water Assessment l~'orm
Contact:
MAR 3' 2011
BLDG. DEPT.
TOWN OF SOUTHOLD
Building Inspector
,ICATION FOR BUILDING PERMIT
Date
INSTRUCTIONS
,2O
I ms appl;catmn MUST be corr detely filled in by typewriter or in ink and submitted to the Building Inspector with 4
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining prenuses or public streets or
areas, and waterways.
c. The work covered by this application may not be gommenced before issuance of Building Permit.
d. Upon approval of th, is application, the Building Inspector will issue a Building Permit to the applicant. Such a permn
shall be kept on the premises ax,ailable 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
~ssues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not comn{enced within 12 months after the date of
~ssuance or has not been completed within 18 months from such date. If no zonln, g~am~er~dments or other regulations affecting the
pop, erty have been enacted ~n the interim, the Bmldlng Inspector may authorize, nl writing, the extension of the permit for an
addi't~n s,~ tho~lths. ,Thereafter, a new permit shall be reqmred. · ' · -
. ',APPr~IC.&T}ON IS HEREBY MADE to the Building Depart?nent for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold. Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admil
authorized inspectors on premises and in building for necessary inspections.
(Signature of applicant or name. if a corporation)
(Mailing address of applicant)
State whether applicant'Is owner, lessee, agent~engineer, general contractor, electrician, plumber or builder
Narae ofowner ofpremises A/L/I'IL/~AJ ~/ (/ff'~ ~/~:~
(As on the tax roi1 or latest deed)
If applicant is h corporation, signature of duly authorized officer
(N,,,a~.. e/t:fl~tt~e~r~orate.-o ffi cer)
Builders Llc~l'l~. ' ! ~ ....,,
Plumbers LiCense No.
Electricians License No.
Other Trade's License No.
1. Location of land on which proposed work will be done:
Houie Number '. - Street
CountyTax Map No. 1000 Section I t / Block O /
Subdivision Filed Map No.
Lot 2 .~
Lot
2. State existing use and occupancy of premises and intended Use and occupancy of?roposed construction:
a. Existing use and occupancy ~_.~,~O~O /~.o~,~ ~'/ 1~.~'~_
b. Intended use and occupancy ~',~ ~ ~
3. Nature of work (check which applicablE): New Building
Repair Removal Demolition
4. Estimated Cost
5. If dwelling, number of dwelling units
If.g~racde,. nUrr~i~r !9f cars
Fee
Addition . ~ Alteration
Other Work ~ ~
(To be paid on filing this application)
Number of dwelling units on each floor
6. If business, comme~ccial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front Rear _Depth
Height Number of Stories
...... :" 'Ti 777.'
Dimensions of same structure with alterations or additions: Front Rea,r.;
Depth Height. ' Number of Stories
8. Dimensions of entir~new-constmction: Front
Height
Numl;)er of Stories
9. Size of lot: Front Rear
Rear
.Depth
10. Date of Purchase Name of Former Owner
I 1. Zone or Use district in which pramises are situated ~ 4 t>
12. Does proposed construction violate any zoning law} ordinance or regulation? YES ~ NO__
13. Will lot be re-graded? YES__ NO ~/ Will excess fill be removed from premises? YES__
14. Names of Owner of premises C~' ~ ~o Address
Name of Architect ~C ~'~q ~ T'-'~,-- Address
Name of Contractor Address
NO
Phone No.
Phone No '~J' ~- ~t [ ~'~
Phone No. ~o ~ o ~ ~
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES ~ NO __ * IF YES, SOUTHOLD TOWN TRUSTEES '& D.E.C. pERMITS MAY BE REQUIRED.
b. Is this property within 300 feet ora tidal wetland? * YES ~,/ NO__
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
18. Are there any covenants and restrictions with respect to this property? * YES
· IF YES, PROVIDE A COPY.
STATE OF NEW YORK)
COUNTY OF J'~//~lSt//~S:
being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named, CONNIE D. BUNOH
Nota~/Pu~}~, ~ ~ New York
No. 01BU~1850~
(S)He is the Oua~x~ m ~ ~
(Contractor, Agent, Corporate Officer, etc.) Comml~on Explrlt hpitl t4,~
Of said o~ner 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 tree to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Sworn to before me this -
t-p~l~ day of ~1 ( 20 / [
'No/aW Public
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
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area (which includes all of Southold Town).
If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's
website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all
local libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# /// {
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) ~
Co) Financial assistance (e.g. grant, loan, subsidy)
(c) Permit, approval, license, certification:
Nature and extent of action:
Location of action:
Site acreage: //
Present land use:
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) Nameofapplicant: 0t')01',~ SC~h/l YlfC4~-
(b) Mailing address: ~)0 ~x .~3~ CLtnOC_.h~I_IC_ g~/.[?.~.~_
(c) Telephone number: AreaCode ( ) "7.~q ~ I ~
(d) Application number, if any:_
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes [~ No [~ If yes, which state or federal agency?
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation
criteria.
Yes [~ No [] (Not Applicable - please explain)
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section III - Policies Pages 3 through 6 for evaluation criteria
[] Yes ['~ No [] (Not Applicable- please explain)
lOg5-I'- IJt 7 lRtC tL..-
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. 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)
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. Sec 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 hnprove air quality in the Town of Southold. See LWRP Section III - Policies
Pages 32 through 34 for evaluation criteria. See Section HI - 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 LVOIP Section iii- Policies; Pages 38 through 46 for evaluation
criteria.
~-~ Ye~ 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.
~-~ Yes [~ No .~. (Not Applicable - please explain)
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic
Estuary and Town waters. See LWRP Section III - Policies; Pages 57 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
I~.oc-/,/.., ~ TOWN OF Sou'rHOLD PROPERTY RECORD CARD
OWN~ STR~ // ~ ~ WLU~G~ m ~CT SU~. I LOT
~ND IMP. TOTAL DATE R ~RKS~/~/]----~ ' ~
Tilloble 2 ~ ' a~ ~7 ~ [~0.~ r )~0 :' .......... '
Ho~I~
~A. Bldg.
Extension
Extension
Garage
Both
Floors
Tillable 2
Tillable 3
Wcodland
Swampland
Brushland
Total
TOTAL
FARM
DATE
BUILDING CONOITION
BELOW
ABOVE
Value
M. Bldg.
Extension
~xter~sion
RECEIVED
~DealNo. 2184 D,~ September 10, 1976
ACTION OF ~ ZON~G BOAI~D OF A~PEALS OF TH~ TO~N OF SO--OLD
T. William a~d Alysse,Johnston Wm. Wickham, Attorney
8. Larkspur Drive
West Islip, NY
................ of ~3ae Zon/n~ Omi/na~ce and the dec/sion oi the Building I~spec~or ( ) be reversed ( ) h~
confi~.~ ~ 8:00 P.M. ~E.D.S.T.) upon application of William and
Alysse Johnston~ 8 Larkspur Drive, West Islip,. New York for a
variance in accordance With the Zoning Ordinance, Article III,
Section 100~30"and Bulk Schedule for permission to relocate
building 'wi~h ihsuff~cient setback. Location of property: Hay-
water~'Road Extension; L~ $17, Peconic Bay Properties.
SEE REVERSE
SEE REVERSE
SEE REVERSE
After investigation and inspection the Board finds that the
applicant requests permission to relocate building with insuffi-
cient setback, Lot $17, Peconic Bay Properties, Cutchogue, New
York. The findings of the Board are that the Board is in agree-
ment with the reasoning of the applicant.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of this 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.
THEREFORE IT WA~ RESOLVED, Willia~ and Alysse Johnston,
8 Larkspur Drive, West Islip, New York be GP~_NTED oermission to
relocate building with insufficient setback~ Lot #~7~ Peconic
Bay Properties, Cutchogue, New York, as applied for~ subject to
the following conditions:
1. .~g~
?i~ ~t~!s action.
Vote of the Board: Ayes: - Messrs: Gi!lispie, Bergen,
Hulse, Grigonis.
'~'~TOWTN" OF SOUTHO~D, HEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.
o^TE .....
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y
Alysse E. Johnston
We ........ ,~..~.1~...~..~:....J.9.Jt~.t..q~... of § ~..~k..~p...,,~.....D.~.%? ..
............................................................................................... --~.-e...w-...Y...°..=...k.......HEREBY APPEAL TO
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUI~OING,INSPECTOR ON
PE ,T NO ..................................... DATED ....... .....................
· ~( '"~ERMIT TO USE
(X) PERMIT EaR OCCUPANCY
( )
1. LOCATION OF THE PROPERTY Hg~aters Road - "A" Agricultural & Residential
Street Use District on Zoning Mop
No. 786 17 & 18 Map Peconic Bay Properties
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article III, Paragraph 100-30 and Bulk Schedule.
3. TYPE OF APPEAL Appeal is mode herewith {or
( X} A VARIANCE to the Zoning Ordinance or Zoning Mop
( ) A VARIANCE due to I~ck of access (State of New York Town Law Chap. 62 Cons. Laws
Art 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal ~ha~)-(hos not) been mode with respect to this dec/sion
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a v~riance
and was made in Appeal No ................................. {~ted ......................................................................
REASON FOR APPEAL
~ ) A Variance to Section 280A Subsection 3
(Z) A Variance to the Zoning Ordinance
( )
(Continue on other side)
1. STRICT APPLICATION OF THE ORDINANCE would produce pr~tical difficulties ar unneces-
sary HARDSHIP b~au~ lot No. 17 is a small lot and could not acco~odate
the residence with a normal setback. Haywaters Road in this area is
nonexistent and is not used. As an owner on both sides, applicant
owns the fee to the paper street.
2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANHE THE
CHARACTER OF THE DISTRICT because the area would remain essentially the
STA'I'E OF NDW YORK )
COUNTY OF SU?FOLK ) William F. '
Johnston
~'" d
Sworn to t~~.~3o ................. Se~p~emb~r ............. ...,. 19
J~OPERTY RECORD CARD
i OWN
i J~ - - /-
OF SOUTHOLD
OWNER
VILLAGE
' FORMER (~WNER'- ' -- r.
W
TYPE OF BUILDING
LOT
AGE
NEW
Qable 1
Tillable 2
Tillable 3
Wccdland
Swampland
Brushland
IMP.
NORfl/u~L
Acre
VL. FAR~
TOTAL DATE
BUILDING CONDITION
BELOW
Value Per Acre
ABOVE
Value
M. Bldg.
Extension
Extension
RECEZVEJ)
Foundation Bath
Basement Floors
Ext, Walls Interior Finish
·
Fire Place Hea~
Patio
Driveway
Attic
Rooms 1st FJoor
Rooms 2nd Floor
· · ·
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road o RO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Armex/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
;',' 1 2010
FINDINGS, DELIBERATIONS AND DETERMINATION (~g~.~
MEETING OF NOVEMBER 16, 2010
$outho[d Town Clerk
ZBA FILE: 6411
NAME OF APPLICANT: Anthony Campo CTM 1000-111-1-26
PROPERTY LOCATION: 1165 Fisherman's Beach Rd. (adj. to Cutchogue Harbor) Cutchogue, NY
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type II category of the State's List of Actions, without
further steps under SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk
County Administtative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its
reply dated July 28, 210 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: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of lhe
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The
LWRP Coordinator issued his reply dated September 17, 2010, 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 Applicant's property is an irregular, triangle-shaped, non-conforming
25,462.14 sq. fl. waterfront parcel in the R-40 zone. The northerly lot line measures 182.61 feet along an
unimproved portion of Haywaters Road, aka Fishermans Road. The southerly lot line measures 295.71 feet along
an adjacent parcel. The westerly lot line measures 180.47 feet along waterfront on Cutchogue Harbor. The property
is improved with a two story single family dwelling. The existing building and setbacks as shown on the site
survey drawn by Mark Schwartz & Associates, Architect, dated Sept. 30, 2010, and the Applicant's proposed new
construction and new setbacks are shown on the revised site survey dated Oct. 21, 2010.
BASIS OF APPLICATION: Request for Variances from Code Sections 280-124 and 280-116, based on an
application for building permit and the Building Inspector's June 3, 2010 Notice of Disapproval concerning
demolition and construction cfa new single-family dwelling, at 1) less than the code required front yard setback of
40 feel 2) less than the code required rear yard setback of 50 feet, 3) less than the code required bulkhead setback
of 75 feet.
RELIEF REQUESTED: The Applicant proposes to demolish the existing dwelling and construct a new two story
single-family dwelling. The Applicant is requesting a front yard setback of zero [0] feet where the code requires
40 feet, a rear yard setback of 26.5 feet, where the code requires 50 feet and a bulkhead setback of 30 feet where
the code requires 75 feet.
AMENDED APPLICATION: During the Sept. 23, 2010 hearing, the applicant'was asked to bring the plan into
more conformity with the code. The Board was particularly concerned about the Applicant's proposed zero [0]
foot setback from Haywaters Road. The Applicant on Oct 13, 2010 submitted a plan which moved the proposed
building footprint. Although this move further reduced the proposed rear yard setback by several feet, from 26.5
feet to 22.9 feet, it increased the proposed front yard setback from 0 feet to 4.4 feet, and increased the proposed
setback from the bulkhead from 30 feet to 34+/- feet, bringing the plan into more conformity with the code. The
revised site survey dated Oct. 21, 2010 shows this new site plan.
ADDITIONAL INFORMATION: The Applicant has submitted a Letter of Approval, and a Wetlands Permit,
issued by thc Board of Southold Town Trustees, both documents dated Aug. 19, 2009. Haywaters Rd. is
unimproved and used for water access by a limited number of people in the neighborhood. Also, it should be noted
that the applicant owns both lots across the road from the subject parcel.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on Sept. 23, 2010, and on Oct. 21,2010, at
which time written and oral evidence were presemed. Based upon all testimony, documentation, personal
inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant
and makes the following findings:
On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following
findings:
1. Town Law §267-b(31¢b)(IL Grant of the variances will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. Demolition and construction of a single family dwelling
will increase the existing zero [0] foot front yard setback to 4.4 feet and will increase the existing 30 feet setback
from the bulkhead to 34 feet. There is an existing dwelling on this property, the road is unimproved and the
properties across the road are owned by this applicant. The applicant is proposing to remove all obstructions from
the unimproved road to permit pedestrian beach access by others.
2. Town Law .li267-bO~¢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 Applicant's waterfront parcel also contains wetlands
which when combined with the adjacent natural non-disturbance buffer reduce the actual buildable area, and also
limits the location for the placement of a new septic system.
3. Town Law §267-b(3}(b}{3). The variances granted herein are substantial. The 4.4 foot front yard setback is a
80% reduction from the code required 40 feet. The 34+/- foot bulkhead setback is a 55% reduction from the Code
required 75 feet. The 26.5 foot rear yard sethaek is a 47% reduction from the code required 50 feet. However,
these nonconformities are due to the triangular shape of the lot and the amount of wetlands on the subject property.
4. Town Law §267-b~3~fb){41. 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. The
Applicant will constroct a Suffolk County certified septic system, will use a silt fence to protect the site from
possible erosion during construction, and will not encroach upon the natural non-disturbance buffer area.
5. Town Law §267-b(3~fb~ll$'l. The difficulty has been self-created in so far as the applicant purchased the subject
property and dwelling with several existing nonconformities to the code. However, the Applicant intends to replace
the existing single family dwelling on an environmentally sensitive, uniquely shaped waterfront parcel with a new
dwelling that will have less nonconformities.
6. Town Law §267-b. Grant of the variances requested is the minimum action necessary and adequate to enable
the applicant to enjoy the benefit ora new single family dwelling while preserving and protecting the character of
the neighborhood and the health, safety and welfare of the community.
Page 3 - Novcmbcr 16, 20 l0
ZBA File#6411 - Campo
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 Dinizio, seconded by Member Schneider, and duly
carried, to
GRANT, the variance as amended, and shown on the site survey titled proposed house (Campo) prepared by Mark
Schwartz & Associates dated October 21, 2010, subject to the following condition:
Condition:
The Right of Way shall remain unobstructed access for the length of the road.
That the ~bove conditions be written into the Building Inspector's Certificate of Occupancy, when issued
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 of a building permit, and may require a now application and public hearing before
the Zoning Board of Appeals.
Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or
survey site maps, am 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.
Thc Board reserves the right to substitute a similar d~sign that is de minimis in nature for an alteration that does not increase the degree of
nonconformity.
Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dmizio. Schneider. (Member Homing by
phone no voting righ0 This Resolution was duly adopted (4-0).
Leslie Kanes Weisman, Chairperson
Approved for filing/// //'7/2010
outhdfd Town Clerk
RECL~VED
BOARD OF APPEALS
CAMPO pROPOSED HOUSE
ELEVATION
VIEW
FROM
SCALE:N.T.S.
STORMWATER MANAGEMENT RE UIREMENTS
WHERE APPLICABLE (LIMITS OF CLEARING)
CUTCHOGUE
HARBOR
~ ~ ~ ",,
~TRA~ BALE AND S~LT FENCE
C UTC HOGUE
NATURAL AREA ~O REMAIN
AS NONDISTURBAMCE BUFFER
HARBOR
LIMITS OF
CLEARING
O~
LOT ®
m
2 ST~, ERAMED HOU!E
.~ ~ .,,,,."'"'"';;;;;;;EiN FLQOR MIN.
~ ~ ~ ' .......
,
RECOMMENDED ,~t~: SEPTIC:
TOE-iN ST: 4'X8' ]OO0gaL SEPTIC TANK
PRE-ASSEM BLED SILT FENCE ~:,.~,.. ~,.0~ ~*~H,~ ~oo[
DP: B'dia. X 3'deep DI~RIBUTION POOL ]
NATIVE
SOIL
TEST HOLE DATA
..,-... ,;.. :;
PROPOSED SEPTIC SYSTEM DETAIL
*LOT COVERAGE DETERMINED
FROM ~ETLANDS (FLAGGED)
pRgpOSEg CONC. RETAINING '~]ALL DETAIL
(NOT TO SCALE)
640
150
I000-111-01-24 '~' g~
9*-.
SITE PLAN
SCALE: 1" = 20'-0'
S-1