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HomeMy WebLinkAbout1000-31.-18-15 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING/I)D~: 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: March 25, 2013 Re: Coastal Consistency Review for ZBA File Ref. Frizzi, R. #6640 SCTM#1000-31-18-15 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standard and therefore is CONSISTENT with the below listed LWRP policy: Policy 4.1. Minimize losses of human life and struCtures from flooding and erosion hazards.' The following management measures to minimize losses of human life and structures from flooding and erosion hazards are recommended: specifically A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 3. Move existing development and structures as far away from flooding and erosion hazards as practical. Maintaining existing development and structures in hazard areas may be warranted for: d. sites where relocation of an existing structure is not practical Due to the size of the parcel, the relocation of the structure outside of the hazard zone is not practicable. However, the proposed patio (dimensions greater than 200 sq. ft.) is located within the CEHA and is INCONSISTENT with Policy 4.1 and therefore, INCONSISTENT with the LWRP. The location of the proposed patio is within the Coastal Erosion Hazard Area (CEHA) and will be constructed on the beach. NI development is prohibited on a beach pursuant § 111-12 unless specifically provided for by Chapter 111, COASTAL EROSION HAZARD AREAS. Pursuant to § 111-6, allowable activities on a beach may include "open timber piles or other similar open work supports with a top surface area of less than 200 square feet." Therefore, the patio, as proposed, is prohibited on the beach pursuant to Chapter 111, COASTAL EROSION HAZARD AREAS. § 111-12. Beach area. D. All development is prohibited on beaches unless specifically provided for by this chapter. § 111-6. Definitions. UNREGULATED ACTIVITY - Excepted activities which are not regulated by this chapter include but are not limited to elevated walkways or stairways constructed solely for pedestrian use and built by an individual property owner for the limited purposes of providing noncommercial access to the beach; docks, piers, wharves or structures built on floats, columns, open timber piles or other similar open .work supports with a top surface area of less than 200 square feet or which are removed in the fall of each year; normal beach grooming or cleanup; maintenance of structures when normal and customary and/or in compliance with an approved maintenance program; planting vegetation and sand fencing so as to stabilize or entrap sand in primary dune and secondary dune areas in orderto maintain or increase the height and width of dunes; routine agricultural operations, including cultivation or harvesting; and the implementation of practices recommended in a soil and water conservation plan as defined in § 3, Subsection (12), of the Soil and Water Conservation Districts Law; provided, however, that agricultural operations and implementation of practices will not be construed to include any activity that involves the construction or placement of a structure. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney BOARD MEMBERS Leslie Kanes Weisman, Chairperson Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTFIOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold To~,n Hall 53095 Main Road o P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 March 7, 2013 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6640 FRIZZI, R. MAR - 82013 Southold Tow~ Planning Board 1000-31-18-15 Dear Mark: We have received an application to construct a single family dwelling. 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, Le slie/~eisman By: '~)[/~/ v UNE SEESEC NO 022 ,.2 O MNN MARION LAKE I~1-1. FORM NO. 3 TOWN OFSOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: March l, 2013 TO: Patricia Moore (Frizzi) 51020 Main Road Southold, NY 11971 Please take notice that your application dated February 22, 2013 For permit to construct a single family dwelling at Location of property: 680 Rabbit Lane, East Mar/on, NY County Tax Map No. 1000 - Section 31 Block 18 Lot 15 Is retumed herewith and disapproved on the following grounds: The proposed construction on this non-conforming on this non-conforming 3,596 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIII, Section 280-124, which states that, on lots measuring less than 20,000 square feet in total size, the minimum rear yard setback is 35 feet, the minimum single side yard setback is 10 feet, the minimum combined side yard setback is 25 feet, and the maximum lot coverage is 20 percent. Following the proposed construction, the dwelling will have a rear yard setback of 28 feet, a single side yard setback of 6 feet, a total side yard setback of 16 feet, and a total lot coverage of 26.3 percent. In addition, the proposed additions and alterations are not permitted pursuant to Article XXII Section 280-116B, which states; "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead." The proposed construction notes a setback of+/- 17 feet to ~~.~~ Authorized~Signature ~ Cc: File, ZBA TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. north for k.neffSouthold/ PERMIT NO. Examined Approved BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board o f Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form Mail to: ~lml~ i --- ~/[[~ 22 ~B [~LICATION FOR BUILDING PEmIT a: ~~ completely filled in by ~pewdter or in i~ ~d submiRed to ~e Bolding Inspector with 3 seB of pl~, accm~ plot pl~ to scale. Fee acceding to sched~e. b. Plot pl~ shoMng l~a~on of lot md of buildings on promises, relatiomhip to adjoining pre~s~ or public s~eeB or c. ~e wo~ covered by ~s application may not ~ commenc~ ~fore iss~ce of B~lding Permit. d. U~n approv~ of~s applic~ion, ~e B~lding Impector will issue a Buildi~ Pe~it to ~e applic~t. Such a pemit shall be kept on ~e premises available for inspection ~oughom the work. e. No buildi~ shall ~ ~upied or ~ed in whole or in p~ for ~y p~se what so ev~ ~1 ~e BulldOg Impector issu~ a Ce~ifimte of Occup~cy. L Eve~ bffild~g ~it sMll expire if the work au~orized h~ not ~enced wi~in 12 mon~ after ~e date of iss~ or h~ not been compl~ed within 18 mon~ from such date. If no tuning mendmen~ or other regulations affecting the pro~ have ~n ena~ in ~e interim, ~e Building Imp~tor may au~ori~, in wring, ~e extemion of~e pemit for an ~difion six mon~. ~e~er, a new pemit shall be required. APPLICATION 1S HE,BY MADE to ~e Building Depment for ~e issu~ce cfa Bulldog Pe~it pursuit to ~e BOld~g Zone Ordi~ce of the Tom of Southold, Suffolk Count, New York, and other applicable Laws, O~in~ces or Reg~ations, for th~ com~cfion of buildings, additions, or alterations or for removal or demoli~on ~ herein described. ~e applier a~es to rumply wi~ all applicable laws, ordinmces, building code, homing ~atiom, ~d to admit au~d~ ~pe~om on promises ~d in building for ne~ss~ inspections. ~~ (Signat~* o~ppli~ nme~ ifa co~oration) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, clectrician, plumber or builder Name of owner of premises ~t~..~,.;?RC'/V~.~Z/2--I' (As on the tax roll or latest deed) If applicant is a corporation, signetar¢ of duly euthorized officer (Name and title of corporate officer) Buiidem License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on whiph Eroposed work will be done: House Number Slreet Hamlet County Tax Map No. 1000 Section ,~/ Block Subdivision Filed Map No. (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed c6nstruction: a. Existing use and occupancy ~ _. b. Intended use and occupancy ,'7-~-~ c;~,L~__,~e.~ 3. Nature of work (check which applicable): New Building ~ Addition Alteration Repair Removal Demolition Other Work 4. Estimated Cost ~ ~°c'r'~c'~' Fee 5. If dwelling, number of dwelling units If garage, number of cars (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensionsofexistingstructums, ifany:Front ~'-/ Rear G? /~" Depth Height ,:~-- Number of Stories / Dimensions of same structure with alterations or additions: Front Rear Depth ~:~-- Height Number of Stor~f~fi, ~, 8. Dimensions of entire new construction: Front t~O / Rear~'2.,6'77,~,,,~r,~'e~'e'~'t~d' Depth '~-~d,' / Height oQ~, ~ Number of Stodes / //~ 9. Size oflot: Front 2,7, z~z Rear x~-74, Depth 10. Date of Pumhase Name of Former Owner 11. Zone or usc district in which premises arc situated /~- ~c9 l 2. 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 ~¢,~z.,f~ ~_~' Address Phone No. Name of Architect Address Phone No Name of Contractor Address- Phone No. NO X 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 ~4, 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. STATE OF NEW YORK) ~ ~'~.~ c~ ~;~. ~' ' ~"~tgO /''~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the {~on~Corporate Officer, of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; mad that the work will be performed in the manner set forth in the application filed therewith. Sw~om to before me this_ _~.~ day of'YO_~ ,,, 20 /-'~'~" .t~qotary pu'~li¢ ~ ~...,~BE-rsY A. PERI,N8 Notmy Publlc, ~t~ta ot New York No. 01PF-81~8 C~ellfted In Suffolk Ceunl~ Comml~lon Explre~ July 18;~/_5 Signature of Applicam fee: $ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 680 Street Rabbit Lane Hamlet East Marion SCTM 1000 Section 31 Block 18 Lot(s) 15 Lot Size 3~596 sq.ft. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ~:-~¥~, ,~ 2013_ BASED ON MAP dated Jqanuary 14~ 2013 Applicant(s)/Owner(s): Richard Frizzl Mailing Address: 915 Panama Court~ Apt. B3~ Marco Island Florida Telephone: c/o Pat Moore 765-4330 Fax #: 765-4663 Email: pcmoorc~mooreatt~s.com 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 represenn: Name of Representative: Patricia C. Moore Esq. for (X) Owner, or ( ) Other: _ Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765.4330 Fax #: 765-4643 Email: pcmoore~mooreattTs.com Please checl~ to specify who you wish correspondence to be mailed to, from the above names: ~] Applicant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED January 14, 2013 and DENIED AN APPLICATION DATED February 22, 2013 FOR: ~ Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction FIOther: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) 1. Article XXIII Section 280-124 minimum rear yard, side yard, combined side yard and lot coverage 2. Article XXII 280-116 (B) setback from bulkhead Type of Appeal. An Appeal is made for: E, A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal, X has41t~ been made at any time with respect to this property, except UNDER .:,(Please~be sure to research before completing this question or cull our office for assistance.) Name of Owner: Richard Frizzi ZBA File # REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The existing house was damaged by hurricane Sandy and a new house is proposed further landward than the existing house from the bulkhead and landward of the Coastal Erosion Hazard Zone. The storm destroyed the protective bulkhead to the waterfront homes in this neighborhood, causing significant damage to the community on Rabbit Lane. Rather than try to restore the existing home, which some property owners on the block are doing, Mr. Frizzi will construct a small home which will be elevated against future flooding. As Rabbit Lane is redeveloped the existing homes are becoming flood compliant. The existing home is 4.5 from the westerly property line, 4.7 from the easterly property line, less than 10 feet to the bulkhead (which is under re-construction) and within the Coastal Erosion Hazard Area. Only the front yard of the existing structure is conforming. The proposed house will be 10 feet from the westerly side yard which is the unobstructed side of the house. The east side is 6 feet from the easterly properly line. The existing accessory building already blocks the east side of the property, therefore the setbacks are greater on the west side in order to maintain a greater access. (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 property is preexisting nonconforming, as are all the lots on Rabbit Lane. The proposed house was designed to be the minimal size of a "habitable dwelling" (minimum is 850 sq.ft.). The Frizzi family never intended to replace the existing house, Mr. Frizzi has very fond memories with his deceased wife and children enjoying their home, the new house is a matter of necessity due to the Hurricane. (3) The amount of relief requested is not substantial because: The lot is only 3, 596 sq. ft. to the MHWM and the Coastal Erosion Hazard Line bisects the property, affecting one third of the buildable square footage of the lot. The lot narrows to 27.40 feet along the road, with 40.96 linear width along the water. The proposed house respects the environmental constraints of the property and maximizes the setbacks to the extent practical. The house remains small but in character with the surrounding neighborhood. The existinghouseandsurroundinghomesweredevelopedwith closer setbacks. See attached Google Earth map with the development of the surrounding neighborhood. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The house will be raised to FEMA compliance in order to prevent future storm damage. The bulkhead is being replaced. (5) Has the alleged difficulty been self-created? ( )Yes, or ( X)No The Hurricane damaged the existing house and the proposed house will be more conforming to zoning. The lot is pre-existing nonconforming as to set backs. Are there Covenants and Restrictions concerning this land: X None applicable. Yes (please furnish 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. Checl~ this box ( ) IFA USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) S'lgnata re of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) BETSY A. PERKINS Notary Public, State of New York No. 01PE6130636 Qualified in Suffolk County-~ ~ Commission Expires July 18, ~-~. '.~ TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 42 Dated December 2B~ 1957 ACTION OF THE ZONING BOARD OF APPEALS OF TOWN OF SOUTHOLD To DomaId Cyrtacks ~,0 Superior Roads Bellerose 26, N. Y. At a meeting of the Zoning Board of Appeals on Sanua~y 9, 1958 was considered and the action indicated below was taken on your (!) Request for variance due to lack of access to propert~ ( ) Request for c speciul permit under the Zoning Ordinance ( ) Request for o variance to the Zoning Ordinance ( ) Appellant the appeal 1. SPECIAL PERMIT. By resolution of the Board it was determined that a special permit ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection ................ paragraph .................... of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (~) produce undue hardship because road h~s been in existence for many years and would be difficult to alter. (b) The hardship created (is) (1=3~) unique and (~1i3~3~) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because this is a private road and only means of access to property. (c) The variance (does) ~ observe the spirit of the Ordinance and (~) (v~uld not) change the character of the district because the aclJotnin~ land le nearly all built up, and therefore, it was further determined that the requested variance (Z) be granted ( ) be denied and that the previous decisions of the Buildin{3. Inspector ( ) be confirmed ( Z ) be reversed 3. Approval of Access is granted as is. It is the understanding o~ the Board that Rabbit I~ue is not re~ated to any official map or plan, now or in the future · Property.. S,~trl'.h Side I~bbtt lane, ~.aet ~rton, ZONING BOARD OF APPEALS · yer, ~ecretary APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Richard Frizzi Date Prepared:March 5, 2013 I. For Demolition of Existing Building Areas Please describe areas being removed: storm damaged existing house will be demolished II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor: 16' x 36' (576 sq.ft.) Dimensions of new second floor- Dimensions of floor above second level: 16.6~ x 21'6" {327sqft) Height (from finished ground to top of ridge): 26' Is basement or lowest floor area being - on piles If yes, please provide height (above ground) ~ 6' (FEMA requirement) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes ) (attach extra sheet if necessary) - Number of Floors and General Characteristics BEFORE Alterations: one story dwelling below FEMA Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Proposed constrnetion: New House 576 sqft Existing Garage 250sq.ft. Deck 45 sq.ft. Steps (required by code) 51 sq.ft. 922 sq.ft. (Includes steps) 25.6% Proposed increase of building coverage: existing, house & earae_e 1.163 sq.fl./3596 = 32% Proposed 25.6% REDUCED 7.6% less lot coverage then existing Square footage of your lot: 3596 SF Percentage of coverage of your lot by building area: 25.6 V. Purpose of New Construction Requested: VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): bulkhead along Gardiners Bay Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered with yard view. 7/2002; 2/2005; 1/2007 OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Richard Frizzi 1000-31-18-15 Is the subject premises listed on the real estate market for sale? [] Yes ~ No B. Are there any proposals to change or alter land contoum? E No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses?~y~ 2) Are these areas shown on the map submitted with this application? yes 3) Is the property bulkheaded between the wetlands area and the upland buildin~ area? yes 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: once ZBA variance is issued and if issued, please attach copies of permit with conditions and approved map. D. ls there a depression or sloping elevation near the area of proposed cons~uction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? __no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? __ please submit a copy of your building permit and map as approved by the Building Department and describe: no If yes, G. Do you or any co-owner also own other land close to this parcel? no the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel pre-existing nonconforming storm damaged dwelling and accessory building and proposed use new single family dwelling and existing accessory buildin? .~e~. xisting: single-family; proposed: same with garage or pool, or other description.) ;~cmho~ed Signature and Date 2/05; 1/07 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No..Zl :LI.G9 ......... Date ....... ~.e.P..~pRt~e.~'. ~ ............. 19.8.~. THIS CERTIFIES t~t th~ buOd~g g ....... l ~ ~.: .................................. ~cation of Prope~y .68~ .................. g~b~.~. ~.~ ........... Eaat. ~arl~n... County Tax Map No. 1000 ~ction ... ~1 ..... Block ... J ~ .......... Lot . .~ ) ~ ............ Subdivi~on..X ............................ Filed Map No.. ~ ...... ~t No...~ .......... Requ~remen~a for a private one-family d~ell~ng bu~l~ prior confo~s substantially to the ~e~e~a~e~e~em-~e~ Certificate of Occupancy .... ~ p~L[. 2 3 ......... 195 T. p~suant to w~ch ~a~ ~ No... Z 11 ] 6~. ........... dated ..... Se p.ge m b er..3 .......... 19 .~ ~, was issued, and conforms to aR of the requirements of the appficable provisions of the law. ~e occupancy for w~ch t~s ce~ificate is i~ued is ......... The ~ificate is i~ued to ......... ~o~.~;,~ ~ ..................... of the afor~aid building. Suffolk County Department of HeaRh Approval ~/~ .................. U~ERWR[TERS CERTIFICATE NO .......... ~/.E. Building Inspector Re. 1/61 BUILDING DEPARTMEN'f TOWN OF SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT Location (nmr, ber & street) ' (M~icipality) Subdivision Map No. Lot(s) , (type) // ' (owner-ten.t) Admitted by:. O~,;~ Accomp~ied by:. Key available ~ Suffolk CO. T~ No. DWELLING: / Type of construction ~/~l,~f #cf cries Foundation ~o~ (~,~ Cellar ~ Crawl space Total rooms, 1st. ~l...~t [~ 2nd. F1 -- 3rd. F1 Porch, type. ~ Deck, type ~,~ ~ Patio, t~e Breezeway --~ Garage Utility room Type Heat ~¢~ ~Warm Air ~-- Hotwater Fireplace(s) No. ~its ~ Airconditioning. Domestic hotwater ~/,zc T~e heater _~c~ Other ACCESSORY STRUCTURES: Carage, type const. ~- Storage, type const. ~O.¢ir~ning pool -- Guest, type const. O~her "[OLATICNS: Housing Code, Chapter 52 Lo_~cation Description Art Sec. Inspected by: , ~W-- ,. ~% te of Insp. Time start {33~ end FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-20391 Date DECEMBER 4~ 1991 THIS CERTIFIES that the building ALTERATION Location of Property 680 RABBIT LANE House No. County Tax Map No. 1000 Section 31 Block 18 Subdivision Filed Map No. EAST MARION~ N.Y. Street Hamlet Lot Lot No. 15 conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 20, 1989 pursuant to which Building Permit No. I8538-Z dated SEPTEMBER 22~ 1989 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 ALTERATIONS TO EXISTING NON-HABITABLE ACCESSORY GARAGE The certificate is issued to RICHARD & ROSEMARY FRIZZI (owners) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. H-025579~- NOVEMBER 14~ 1991 PLUMBERS CERTIFICATION DATED NOV. 26~ 1991 - RICHARD FRIZZI Rev. 1/81 / / Building Inspector Form No. 6 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY This application must be filled in by typewriter OR ink and submitted to the building inspector with the following: for new building or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal(S-9 form). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead. 5. Commercial building, industrial building, multiple residences and similar buildings · and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses: I. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and a consent to inspect signed by the applicant. If a Certificate of OccupBncy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00, Alterations to dwelling $25.00, Swimming pool $25.00, Accessory building $25.00, Additions to accessory building $25.00. Businesses $50.00. 2.Certificate of Occupancy on Pre-existing Building - $100.00 3.Copy of Certificate of Occupancy - $5.00 over 5 years - $I0.00 4.Updated Certificate of Occupancy - $50.00 5.Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 ,, .~. ,ew Construction ........... Old Or Pre-existing Building .............. House No. Street Hamlet Onwer or Owners of Property .............. /~ .... ~.. . County Tax Map No 1000, Se 'on ...... ctm .............. Block ........... Lot ...... /O ........... . Subdivision .................................... Filed Map ............ Lot ...................... Permit No...I ............. Date Of Permit ...... Applicant .............. Health Dept. Approval ........................ -. Underwriters Approval .................. . . . . ... Planning Board Approval ...................... Request for: Te~mporary Certificate ........... Final Certicate ........... Fee Submitted: $. ~' ~ 13o _ ................. ¢ o o o3 11 .' ......... AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THI~ FORM: The form must be completed by the applicant for any spectal use permit;site pIan apprOvdl, use variance, or subdivision approval on propePO~ within an agricultural district OR within 500 feet of a farm operation located in agrlcultnral district; ~lll applications requiring an agricultural data statement must be referred to the Suffolk Count~ Department of Planning in accoPdan'ce With Sections 239- m and 259-n of the Genei'izl Municipal'Law. 1} lq~me ofApplicantl. 9~ C~ 2) Addre~sOfApp!icant: ~L'-:~-O ~-4(~t,,3 f~Ofa~r'~ ~C~.) ~-"~'~c~3 t~,),d ~ ~ q ~'/ [' 3) Name ofLand Owner (if~her than applicant) : ~-~C ~4f~e~q> ~7__2_i. . : '. 4) Addi'essofLamlOwner!'C~ 5%' t~tJak~ t4do~ . i~o, tKO, ~tgeci-, t~C~v6 CC-' 5) D~escription of Propose¢ Project: l 6) ~cat~0n 0fPmpe~ (ro~ and ~ map number~ ~ Is ~e' p~el wi~in an a~cultu~l d~t~ct?~N0 ~Yes If yea, A~c~l~r~ Disdct Nam~er ~) Is th~s ~cel activety f~ed? ~No ~Yes 9) Name ~d address of any 6wner(s) of land within the ag~cuft~al ~St~ct contaidng active fa~ operatioa(s) loCated 500 ~eet of the bounda~ of the p~posed project. (~f~ation may be available t~ough the To~ Assessom Office, Towa ~all locafioa {765-1937) or from ~y public computer at th~ To~n ~all locations by viewing the parcel numbers on the Town of Southold R~I Prope~y Tax System: Name and Address .. (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained; in advance, when requested from either the Office of the Planning Board at 765-1938,.o~r:the-Zor~g Board of Appeals at 765-1809. z, / . Signature of Applicant Date Note: I. The lOCal board will solicit comments from the owners o¢ land. identified above in order to consider the effect of the proposed' action on their farm op~'ation. Sotieitation will be made by supplying a copyofthis statement. 2: Comments.returned to the Io6al board will be taken into consideration as part of the overall r~iew of this application. 3. Copies Of the completed Agricultural Data Statement shall be sent by applicant end/or the clerk Of the board to the property owners identified above. The cost for mailing shati be paid by the applicam at the time the application is submitted for review. Failure m pay at such time means.the application is not complete and cannol be acted upen by the beard. 1-14-09 617,20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only 3. PROJECT LOCATION: 4. PRECISE LOCATION (Streel address and road interseclions, prominent landmarks, etc., or provide map) 5. PROPOSED ACTION IS: [] New [] Expansion [~Modificatl0Walteration 6 DESCRIBE PROJECT BRIEFLY: 7 A~OUNT..OF I ~NO A~'~ECTED: Inltlally ..... -, ~ acres- Ultimately 8 WILL PROPOSED ~CTION COMPLY WITH EXISTING ZONING OR ~THER EXISTING LAND USE RESTRICTIONS? [] Yes ~[ No If NO, describe b~elly 9, WHAT I PRESENT LAND USE IN VICINITY OF PROJECT? ~sAcdT.~Residentlal [] Industrial [] CommeFcial [] Agriculture [] Park/Forest/Open Space [] Other De 10 DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~ Yes LJ No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? L_J Yes ~ ~ No if Yes, list agency(s) name and permWapprovals: 12. AS A RESULT OF PROPOSED ACTION VVILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDEDAROVE IS TRUE TO THE BEST OF MY KNOWI_EDGE Applicant/sponsor name: .... . ............. ~ ,/~-, ~/',~/~T.~l~-~-__ Date: -..~ ~ ~'/'~ i If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment I OVER PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. J-]Yes ['-]No B. WiLL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative decJarafion may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or greur'~fwstsr quaffiy or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or fiocding problems? Explain briefly: C2. Aesthetic, agricultural, archaeoicgical, histodc, or other natural or cultural resources; or community or neighborhood character? Explain bdefiy: C3. Vegetation or fauna, fish, shellfish or wildlif~ spedes, signilicant habitats, or threatened or endangered species? Explain beefiy: C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not ide~fified in C1~C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain bdefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL iMPACTS? [] Yes [] No If Yes, explain beefiy: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adveme effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irrevemibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference suppoding materials. Ensure that explanations contain sufficient detail to show that all relevant adveme impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed acfion on the environmental characteristics of the CEA. ] Check this box if you have identified or~ or more pctenfiatiyia~ge or significant adveme impacts which MAY occur. Then proceed directly to the FUL EAF and/or prepare a positive dedaraben. [] Check this box if you have detsrminod, based on the leformation and analysis above and any supporfing documentafion, that t he proposed action WILl NOT resufi in any significant adverse environmental irnpac~ AND provide, on attachments as neseseaP/, the reasons supporting this determinatior Name of Lead Agency Date Pdnt or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from respensible officer) Richard Frizzi February 6, 2013 Patricia C. Moore 51020 Main Road Southold NY 11971 Dear Mrs. Moore: I, Richard Frizzi, as owner of property known as 680 Rabbit Lane, East Marion (sctm: 1000-31-18-15), I hereby authorize you to act as our agent regarding any and all applications with the Town of Southold Zoning Board of Appeals, Board of Trustees, NYS DEC, Suffolk County Department of Health Services and any other agencies. Very truly yours, Richard Frizzi 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 officem 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: __Patricia C. Moore Esq.__and Richard Frizzi (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 Variance X Special Exception If"Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees 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 ownemhip of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO_X Complete the balance of this form and da~ 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 greatar than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~ day of {~ _~ S~gnature:__ ~ Pat r icia C. Moo r~6-~.--.J~;~ _....-----~ .~= ~.... Print N~e: ~ ' -~ ~ ~ ~ LWRP CONSISTENCY ASSESSMENT FORM 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. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-31-18-15 OWNER:Richard Frizzi AGENT: Patricia C: Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board Planning Dept. Building Dept. Board of Trustees X Zoning Board of Appeals X 1. 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: X Variance Nature and extent of action:new single family dwelling Location of action: 680 Rabbit Lane, East Marion Site acreage: 3,596 sq.ft. Present land use:existing storm damaged house Present zoning classification: r-40 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Richard Frizzi (b) Mailing address: P.O.Box 87 East Marion (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X 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. X Yes No Not Applicable the lot is preexisting nonconforming. The setbacks of the new house are more consistent with the LWRP policies then the existing house and the maximum feasible given the size of the property and the CEHLine. 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 X Not Applicable land is not identified as area of Archeological Sensitivity or on the National Register on Map produced by NYS Dept. Of State, Division of Coastal Resources 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 X Yes No Not Applicable The proposed house will be in keeping with the surrounding homes. Drainage will be provided which prevents non-point source pollution, the new house will be FEMA compliant to prevent future flooding and erosion. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria X Yes No Not Applicable The proposed new house will be protected from flooding or erosion. The bulkhead is being replaced. 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 X Not Applicable all construction will conform to regulatory standards, there is public water 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. X Yes No Not Applicable new house will not adversely impact ecosystem. 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 X Not Applicable Air quality will not be affected by residential use. Standard building codes compliance prohibit degradation of air quality or emissions. 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. X Yes No Not Applicable Solid waste is controlled through town-wide recycling, no hazardous substances proposed at site. 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 Ill - Policies; Pages 38 through 46 for evaluation criteria. __Yes XNo Not Applicable The parcel is private ownership 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 X Not Applicable Residential use of property on establish lot will not adversely impact coastline. 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 X~Not Applicable, property is protected from encroachment into wetlands by existing bulkhead Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area is not developed for agricultnre. 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 X Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources *copy of Town form created on 5/25/05 /~-~/.-/N-/O~- TOWN OF $OUTHOLD' PROPERTY RECORD CARD OWNER STREET ~,~C~ V, LU~GE D,ST. SUB. LOT ~iFORMER OWNER E ' ACR: ' ~ // S, - w ~PE OF BUILDING / RES. S~S. ~ !YE 'FARM COMM. CB. MISC. Mkt. Value ~ ~ND IMP. TOTAL DATE REMARKS FA~ Acre Value Per / Val6e' ' Tillable 1 ~ ' 'Z~ Woodland ~ ~y D~D ~ / ~' Swampland 7 FRONTAGE ON WATER ~, '/ ~ /F -~ Brushland FRONTAGE ON ROAD ~ ~ ' House Plot DEPTH j ~ ~ ~ ~ 8ULKH~D [oral t COLOR TRIM M. Bldg. z,~nsion Extension ~×tension Porch Porch Br,~woy ~arage/ Patio Tota I Foundation IBasement Both Floors Ext. Walls , ,. Fire P ace Interior Finish inette LR. Type Roof Recreation Room ~)ormer /i//C7 J Heat ¢:~2~¢.j ~ Roo.~s 1st Floor R~ 2nd Floor Driveway FIN. B.j SURVEY OF PROPERTY AT EAST MARION TOY~N O? SOUTHOLD 1000 $1 18 15 $CAL~: 1'= 20' JANUARY 14, 2013 WETLANDS AT MHWM. AS PER BRUCE ANDERSON OF SUFFOLK ENVIRONMENTAL CONSULTING INC. JAN. 16, 2015 ELEVATIONS ARE REFERENCED TO NA VD.'S8 PROM MAP PHO'I'O ~0. 4~-~$~-~8 PLOOD ~0~ ~ ~OM AREA= 3,596 SO. FT. (TO TIE LINE) ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. X i /. M~ o T zo~ 1000-31-18-15 FRIZZI RESIDENCE DATE: 2-14-13 RABBIT LANE, ' East Marion - Town of $outhold . NY SK,I' CHORNO ASSOCILATES architects. SOUTHOLD, NEW YORK