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HomeMy WebLinkAbout6643/3 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Oantes Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 119714}959 Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mm 2 9 2013 "~thold Towr{ Clerk~ FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 16, 2013 ZBA FILE: 6643 NAME OF APPLICANT: Ralph and Carmelo Constantino PROPERTY LOCATION: 2105 Browns Hill Road (corner North View Drive and South View Drive) Orient,, NY SCTM#1000-13-1-8 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 Il category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 15, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION.' The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION. Subject parcel is a conforming 53, 597 sq. ft. lot located in the R-40 zone district. It is improved witha single family dwelling and an accessory in-ground swimming pool. It has 202.59 feet of frontage on Browns Hill Road, 206.14 feet on South View Drive, 347.28 feet along the eastern property line and 238.90 feet on North View Drive as shown on the survey dated June 1, 2012 prepared by John T. Metzger, LLS. BASIS OF APPLICATION: Request for Variance from Article IV Section 280-18 (Bulk Schedule) and the Building Inspector's February 13, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling, at: 1) less than the code required minimum rear yard setback of 50 feet. RELIEF REQUESTED: The applicant requests a variance for a first and second floor addition/alteration with a rear yard setback of 22.6 feet where the code requires 50 feet. ADDITIONAL INFORMATION: A letter in support of the application was received from a neighbor. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 2, 2013 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and Page 2 of 3 May 16, 2013 ZBA Fire#6643 - Constantino surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b){1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The property fronts on three roads and the dwelling has existed in its present location since 1969 and is situated well off the road where the proposed additions and alterations will not be visible. The applicant is proposing the majority of the additions and alterations within the existing footprint 2. Town Law §267-b(3){b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant is proposing a second floor addition above the existing first floor in the rear of the dwelling, which has a non-conforming rear yard setback of 22.6 feet. 3. Town Law. 267-b{3){b){3) The variance requested therein is mathematically substantial representing 54.8% relief from code compliance. However, the addition will not be visible from the road and the neighbor most impacted by the request sent a letter in support. Additionally, the proposed second floor addition with flat roof is proposed with a 24.6 ft. setback from the existing property line which is a two feet greater setback than the existing first floor. 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law §267-b(3){b}(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of additions and alterations to an existing home while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Weisman (Chairperson), and duly carried, to GRANT as applied for, based upon the site plan from Robert Brown, Architect dated, 3/2/2013., and the five pages of plans and specifications dated 03/02/2013 by Robert Brown, Architect. Subject to the following condition: I. No accessory structure(s), other than the existing fence, shall be located in the existing 22.6' rear yard setback. That the above 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 ora building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s9 granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Page 3 of 3 - May 16, 2013 ZBA File#6643 - Constantino The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Iqeisman (Chairperson), Goehringer, Dante& Horning, Schneider. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chairperson Approved for filing ~/~.d /2013 N NB~.AO'O0"[ SURVEY OF PROPERTY A T ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-13-01-08 SCALE: 1'=30' JUNE 1, 2012 TEST HOLE DATA BY McDONALD GEOSCIENCE ~2/21/u I om fomfllor with fhe STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOB SINGLE FAMILY RESIDENCES ond will obide by fhe conditions set forth therein ond on permit to construct. Elevotlons referenced to on osaumed dotum, The Iocot/on of wells ond cesspools shown hereon ore the from field observations ond or from dote obtained from others, AREA'53,759 80. FT. II=MONUMENT Il=REBAR RECEIVED BOARD OF APPEALS ~~N.Y.S, L/C, NO. 4961~ /~¢ECONfC .~VE YORS, P,C. {631) 765-5020 FAX (631) 765-1797 P.O. BOX 909 1230 TRAVELER STREET SOUTHOLD, N.Y. 1971 12-151 FINAL REVIEWED 5Y ZBA SEE DECISION # DATED ~ I ~ /~o1~,, N82° NOF--.~ V~EW Dg.WE ',,~33' g,.o.W.) I £0 DADED ON MAP OF DESCRIDED PROPERTY 51TUATED AT O~'.IENT, T/O SOUTHOLD 5UFEOLK COUNTY, N.Y. 5.C.T.M. 1000- I ,3- 1-8 BY:PECONIC 5URVEYOR$, ?.C. LAND ~URVEYOR AREA = 53,759 S.F. 5lYF_ PLAN SCALE: I" = 40'-0" 116 DRAINAGE CALCU LATION,5 ADDITION: 528.3 5F. 528.3 5F. X I.x O. 17 =89.8 C.fl. PROVIDE (I) C'~D x 4'-G"D DRYW'ELL (I 00.5 C.F.) RECFIVFD MAR ? 20~3 BOARD OF APPEALS ~ .~,&NN ~''5 CONSTANTINO RESIDENCE 0,3/02/201.3 ROBERT I. DROWN ARCHITECT, P.C. W/flAIR. WEATHER DESIGN ASDOCIATE5, INC. 205 BAY AVENUE GREENPOR. T, N.Y, I I 944 63 I -477-9752 (flax) G3 I -477-0973 W~PU^NOE REaUE~T ~OR ^~.E,~ ~HOWN FINAL MAP REVIEWED BY ZBA SEE DECISION # I(~ ~, NOI~TH ELEVATION CO N 5TANTI NO P~ESt :~'.~/~'~/"> ~ r ~ VARIANCE REQUEST FOP-, SECOND FLOOR ADDITI( AND FIRST FLOOR ?ERGOLA AR~EA SHOWN FINAL MAP REVIEWED BY ZBA SEE DECISION # .~ DA TED..~_._ / ~..~/~ J 50UTH ELEVATION (~) MAR ? 7013 CONSYANTINO IRESIDENCE ()3/02/20 I $ VAI~tANCE F-J~QUEST ffOF-. AR.EA .SH OWN FINAL MAP REVIEWED BY ZBA SEE DECISION # DATED _nnl WE,ST ELEVATION CONSTANTI NO I~ESI DENCE f~OBEi~.T 1. BROWN Af~CPtlTECT, ?.C. W/ FA1P. WEATiflEt~ DEDIGN ADDOCIATE5, INC. 0.~ BAY AV[~NLJ~ G~ENFO~.T, N'<. i744 VARIANCE REQUEST FOR AREA SHOWN I- ELOOP. EXCEPT PERGOLA AND COLUMN5 U GROUND FLOOR 'x FINAL MAP REVIEWED BY ZBA SEE OEC S ON DATED~ /t(.¢ I ~ ~ CONSTANTINO RESt DENCE ROBERT I. BROWN ARCHITECT, P.C. W/r~AIRW15ATPIER DESIGN ASSOCIATES, INC. 205 5A.Y AVEN J!;7 G~ENF'O~T, N.Y. i 944 G3 -477 9752 (P~ix) ~;3 a 77-0973 AREA ~HO~VN FINAL MAP REVIEWED BY ZBA SEE DEClS~O~ # ~_ SECOND _J_ q L , I , I~OBE~T I. DROWN ARCHITECT, P.C. ~/~/FAIRWEATHE~. DESIGN A~OCIATE3, INC. 205 B.~Y AVENUI~ G~;/ENf"O~T, N.Y. i 94-i 63 .4'77 9'752 {Fax) 63 ! 47,: 0973 Deputy COUNTY OFSUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning County Executive and Commissioner A?R 1 9 20B BOARD OF APPEAL5 Division of Planning and Environment April 15, 2013 Ms. Leslie K. Weisman, Chair Town of Southold ZBA 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Constantino, Ralph & Carmelo Uyanik, Fehim R.C. Church of Sacred Heart Palumbo, Nicholas Condos, Steve Sciff, David Babs Corp. MunicipalFfleNumber 6643 6644 6645 6646 6648 6649 6651 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner H. LEE DENNISON BLDG · 100 VETERANS MEMORIAL HWY, 4th FI · P.O. BOX 6t00 · HAUPPAUGE, NY 11788-0099 · (631) 853-5t9i FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL TO: Robert Brown (Constantino) 205 Bay Avenue Greenport, NY 11944 Please take notice that your application dated February 22, 2013 DATE: February 22, 2013 For permit for additions and alterations to an existing single family dwelling at Location of property: 2105 Browns Hill Road, Orient, NY County Tax Map No. 1000 - Section 13 Block_l Lot _8 Is returned herewith and disapproved on the following grounds: The proposed addition/alteration to this non-conforming building on this conforming 53,759, square foot parcel in R-40 District, is not permitted pursuant to Article IV, Section 280-18, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule with the same force and effect as if such regulations were set forth herein full." Bulk schedule requires a minimum rear yard setback of 50 feet. The proposed addition/alteration notes a rear yard setback o~ ~et. ~ature - Cc: File, ZBA ~ ~ECE]VEL MAR ? 013 Fee:$ Filed By: Assignment No. ] 8OARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE HOusoNo. r~I0~ Street _~0-~'~.~'D Hamlet SCTMIOOOS~tion ~ Bilk i Lot(s) & LotSize~l~S~ I (WE) APP. EAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ~, '/,2-f '~9C~'2 BASED ON ~OR37~Y/SITE PLAN.DATED .3t~.2-~, ~1'~ . npplicant(s)/Ow..~_.ner(s): '~.-/~ {~. ~-\/~ t~O//~Lt,4¢ L~ (f__ CMc;~AM?t ~ t~ Mailing Address: (~O ~Tfc-tF~'-L/') ~(~. ~-90~-L~t,& /~M Telephone: ~ Fax: ~ Email: ~[Oq(~[, ~ NOTE: In addition to the above~ please complete ~low if application is signed by applicant's a~orney, agent, architect, builder, contract vendee, etc. and name of pemon who agent repr~ents: Name of Representative: ~q ~ for~ner ( )Other: ' I Plebe check to ~ec~ who you wish corres~ndence to be ~1~ to, from the above n~es: ( ) Applicaa~Owaer(s), (~athoriz~ Representative, ( ) Other Name/Address ~low: WHEREI~Y THE BUILDING INSPECTOR REVIEWED SJ~7~Y/SITE PLAN . DATED ~.~)l~ and DENIED AN APPLICATION DATEI~ ~--~23~/~ FOR. (~f~uilding Permit ' ~ ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: I ~] Section: ~0 Subsection: ]~7 Type of Appeal. An Appeal is made for: (t~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 ( ) Revers~lor Other A prior appeal (V) has, (~as ~ot been made at any time with respect to this property, UNDER Appeal No(s). ~ ~ 0 ,~ Year(s). ~-OEV=~ . (Please be sure to research before completing this question or ca//our office for assistance) Name of Owner: ZBA File# ir ¢ECEIVEE REASONS FOR APPEAL (Please be speci~c, additional sheets may be usedwith preparer's signature notarized): ~30A/q~_) OF' APPEALS 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because: 2. The bene~t sought by the applicant CABOT be achieved by some me.od feasible for the applic~t to pursue, o~er th~ ~ ~ea v~iance, because: 3. The ~ount of relief requested is not subst~tial because: 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 5 Has the alleged difficulty been self created? { } Yes, or ~ Why: Sworn to before e this~'~ day Are there any Covenants or Restrictions concerning this land? .{/~ No { } Yes (please furnish a copy) This is the IVffNIMLrM 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. $1'~natare of¢~pplicant or Authorized Agent (Agent rauSt~,~mit wrinen Authorization fi-om Owner) Notary Public ~.¢N JE D. BUNCH NOI~A/Pubiic. State of New York APPLICANT'S PROJECT DESCRIPTION 1. For Demolition of Existing Building Areas ~AR 7 201~ Please describe areas being removed: ------'--- II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: '~O( '~ I~t //,JOT P/~ tg~ V~0~i/kff_~ /-~>Ptd~]'t~)~') Dimensions of new second floor' ~ ~ ~ ~ f~(/~ ~' ~z V,I, ~ ~ ~ ~ts~ ~ ~X ~menslons of floor above second level: ~ ' - ' HeiSt (from finished ground to top of ridge):_ ¢ q ~ Is b~ement or lowest floor area being constructed? lfyes,~lease provide height (above ~o~d) me~ed from nat~al existing ~ade to first floor: ~ l~ (~ ~ ~ ~~ III. Pro~sed Construction Description (~terations or Strnetnral Changes) (A~ach ex~a sheet if necess~). Please describe building are~: Numb~ o[Floors and General Ch~actefistCs BEFO~ Alte~tions: ~ ~ ~ Number of Floors and Ch~ges ~[IIH Alterations: I ' - / IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: t~70{-e ~, Proposed increase of building coverage: ~2/~::~ ~'~' Square footage of your lot: ~/~-7~ ~'~c: ' Percentage of coverage of your lot I~y~b[dlding ~rea: V. Purpose of New Construction: VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): Please submit 8 sets of 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. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premi/,~s listed on the real estate market for sale? Yes t/No Are th.~re any proposals to change or alter land contours? ~ No Yes please explain on attached sheet. 7 2013 BOARD OF APPEALS 1.) Are there areas that contain sand or wetland grasses? ~ 0 2.) Are those areas shown on the survey submitted with this application? -- 3.) Is the property bulk headed between the wetlands area and the upland building area? ~.~ 0 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? ~ Please confirm status of your inquiry or application with the Trustees: ~ and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ,~ L~ Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? ~ O Please show area of the structures on a diagram if any exist or state none on the above line. Do you have any construction taking place at this time concerning your premises? Y~ If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: ~'~P(0 ?_/)~ Jkl~)/~.lO~ Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? ]~ O If yes, please label the proximity of your lands on your survey. garage, p~ol'o~ other) t Authorized/~ature and Date Please~list present,use or operations conducted at this parcel:~22Jq~7~ ~'.AkM ( ~ and the proposed use ~ ~ t ~ . (ex: existing }ingle frails, pro~: ~e Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Prelect Sponsor) 1. APPUCANT/SPONSOR i=. PROJECT NAJ~E 3. PROJECT LOCATION: Municipality 0 I~,[ J~: ~T ~//~'~l'~ T~nb County ~--~'L)~ 4, PRECISE LOCATION (Street address and road Intersections, prominent ~ndmarks, etc~, or provide map) 5. PROPOSED ACTION IS.~_ / [] New L..~rExpanaion [] Modification/alteration 6, DESCRIBE PROJECT BRIEFLY: 7. AMOUNTOF LAND AFFECTED: Initially t/, jg ~.- acres Ultimately //; ~) ~ acres ti. WILL PROPOSED ACTION COMPLy WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 9. WHAT IS PRE~ENT LAND USE IN VICINITY OF PROJECT? 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDEX, STATE OR LC~AL)? [~es J~.o If Yes, list agency(s) name and permPdapprovals: 11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLy VALID PERMIT OR APPROVAL? [] No If Yes, list agency(s) name and pen'nlt/approvals: 12. AS A RESULT OF PROPOSED ACTION ~LL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? E~es E]No · I CERTIFY T H~,][ T.H,E INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOV~.EDGE Applicant/sponsor name: , 7~'~L( ~;~(~' Z~t ~'~ Date: Sitinature: If the action is ~the Coastal Area. and you are a state agency, complete the Coastal Assessment Form before prOceeding With this a-~..,.~sl~ient OVER 1 PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? rf yes, coordinate the review process and use the FULL FAF, r']Yes DNo B. W~LLACT~NRECElVEC~RD~NATEDREVIEWASPR~V~DEDF~RUNL~STEDACTI~NS~N6NYCRR~PART~17~6? IfNo, anegative declaration may be superseded by another involved agency. C, COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED VVITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater qusiity or quantity, noise levels, existing traffic paffem, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2 Aesthetic, agricultural, arci3aeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain bdefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, sigolficaiff habitats, or thmeter~ed or endangered species? Explain bdefly: C4. A communtiy's existing p~ans or goers as offiCially adopted, or a change in use or intensity of use of land or other nalural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to he Induced by the proposed action? Explain btiefly: C6. Long term. short term, cumulefi.~, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of sither quantity or type of energy)? Explain briefly: D. V~LL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No if Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No if Yes, explain briefly; PART Itt - DETERI~INATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it Is sUbstantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) set'dng (i.e. urban or rural); (b) probability of Occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (0 magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show 61at all reJevant adverse impacts have been identified and adequately addressed. If question D of Pa~t II was checked .... yes, the determthation of significance must evaluate the potential impact of the proposed action on the environmental c,~,.£&..[,=~;=,~cs of the CEA ] Che~th~sb~xify~uhave;~e'~;;;-~dese~rm~repotentia~y~arrJe~rsign/~cantadverseimpactswhjchMAY~ccur~ Thenproceeddlrec~ytotheFULi FAF and/or prepare a positive declaration. Check this box if you have determined, based on the infon~ation and analys~s above and any supporting documentation, that the proposed action WlM NOT result in any significant adverse environmental impacts AND ~'ovide, on attachments as necessary, the reasons supporting this deterriffnati< Name of Lead Agency Pr~mt or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Title of Responsible Officer Signature of Preparer (If different from responsible officer) AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 80A~D OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500feet of a farm operation located in an agricultural distric~ All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: ~-t~b~Pb-~ ~ ~,~ 2. Address of Applicant: '2AOCd- ]~)-43Lt~> 3. Name of Land Owner (if other than Applicant): 4. Address ofLand Owner: 5. Description of Proposed Project: ~ 6. Location of Property: Bad and Tax)pap number) 7. Is ~e p~cel wi~in 500 feet ofa f~ operation? Ces { ~ No 8. Is this p~cel actively f~ed? {~ Yes { } No 9. Nme ~d addresses of any omer(s) of l~d within the agricultural district containing active operations. Suffolk CounW T~ Lot numben will be provided to you by the Zoning Bo~d Sm~ it is yo~ rasponsibiliw m obtain the cu~ent names and mailing addresses ~m the To~ Assesmr's Office (765-1937) or ~om the Real Prope~ T~ Office located in ~verhead. NAME and ADDRESS '~. (Please use the back of this page if there are additional property owners) Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM MAR 7 ?0la The Town of Southold's Code of Ethics prohibita conflicls of inte~st on the pa~ of town o~ce~ and empl~ees. The ouroose of this form is to p~v de nformat on wh ch can a en the town of possible conflicts of inter~t a~}~ ~.~ b~ action is neeessa~ to avoid same. (Last name, fi~t name, middle initial, uhless you are ap¢lying in the name of ~m~ne cie or other entity, such as a company. If so, indkate the other per~n's nr company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance ,~ Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO ~ if you answered "YES", c6mplete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her ~pouse, sibling, parent, ur child is (check all that apply}: -- A) the owner of greater that $% of the shares of the corporate stock of the applicant (when 1he 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 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics orohibits conflicts of interest on the oart of town officers a~dnw~love~s. The nuroose of this form is to provide information which can alert the town of possible conflicts of interest an~r~fl~v ~t to ~hatever action is nec~sa~ to avoid same. YOURNAME: ~ . 80ARD OF APPEALS (~st name, fi~t name, middle initial, unl~you are applying in the name of ~m~ne el~ or other enfi~, such as a company. If~, indicate the other ~n's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance V/ Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning 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 YES NO ~// If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __ A) the owner of greater that 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 Signatur t~,.~¥/ ,: Print Name ~) ~b fl/~ / Town of~Southold A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM , 8C)/~FcL., OF' 'qPPEALS 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 Depa~hi~ent, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. ~ Building Dept. [~ Board of Trustees [-~ CategoE~ of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: If an application for ~e proposed action has ~en filed with ~e To~ of Southold agency, ~e following info~ation shall be provided: (a) N~e of applic~t: (b) Mailing address: (c) Telephone number: Area Code~ 1)~' ' 7ff5~ -~S4' (d) Application number, if any: f~,'~¢ ~'¢~0 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 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 Auach additional sheets ifneeessm? Policy 3. Enhance visual quality and protect scenic resources throughout thc Town of Southold. Sec LWRP Section III - Policies Pages 6 through ? for evaluation criteria ~q Yes [] No [--~Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minlmize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [-~ Yes [] No [---~Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ~ Yes [] No ~Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ~-~ Yes ~-~ No ~[/~ot Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ~ Yes [] No ~-~ot Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No ~Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~ Yes~ No~NotApplieable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southoid's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ~ Yes [] No ~ Applicable 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 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 evalua/gion criteria. [r~ Yes I I Nol '~l Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energ3' and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ~ Yes ~ No [---~NNot Applicable Created on 5/25/05 11.'20 AM FOItM NO. ~[ TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. BOAP, D OF APPEALS Certificate Of Occupancy No..Z..~603 .... Date ........... 0or ..... ? ....... ,1969- THIS CERTIFIES that the building located at Broils, Ktll. Road ........ Street Map No. l~rowns, iiilll~ock No...x~ ...... Lot No..-xx .... ~ri~nt' · .#,l~ .......... conforms substantially to the Application for Building Permit heretofore filed in this office dated ........... A~lg ..... IK), 19.6.8. pursuant to which Building Permit No .... dated ......... lug ..... 21..., 19.68, was issued, and conforms to all of the require- ments of the apphcable provisions of the law. The occupancy for which this certificate is issued is ... l~ivate, o~e. family. ~lwellin~ .................................... The certificate is issued to , -Rloharil- ~/ilsotl ....... Ow~l~ ........................ (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval '0O~ 'l i' l~ .... by' it~ -¥i'2t~ ..... House ~ 210~ FORM N0. 4 TOWN OF SOUT~OLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. BOARD Ob APPEALS CERTIFICATE OF OCCUPANCY NO: Z-32791 Date: 12/18/07 T~r~m'~athat the build~ ALTERATIONS Locatioll of P~vperty: 2105 BROWNS HII~L RD ORIENT Co%~lty T~xI~ap NO. 473889 ~e~tion 13 Block 1 ~ot 8 Suhdivisim Filed Naplio. __ Lot NO. __ conforms substantially to the Application for Building Permit heretofore £iled in tluls office dated JUNE 16, 2006 p~r~li~nt to ~l~ch Bu/ltt~ Perssit ~o. 32137-z dat~l JUNE 21, 2006 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued "AS BUILT" ALTERATIONS TO AN RXT~TING SINGLE FAMILY DWELLING AS APPLIRD FOR. ~ certificate is issued to CAP~LA & RALPH COI%STANTiNO ( o~a ) of the aforesaid building. ~uw~OI~ ~ DEPAI~TM~T OF ~Tll API~r~A K~m~TRI(L%L ~TIFIC~T~ ~0. ~R~ (~I'~FIC~(~ ~ 07/07/06 06-480o os/06/0? CUTCHOG~ EAST PLUMB&HEAT Rev. 1/81 FORM N0. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY RECEIVE£ BOARD OF ~O: Z-32792 Date: 12/18/o7 ES C~I~ that the bu/] ~{-g INGROUND SWI/~IN~ POOL ~ocati~ of ~: 2105 BR0~S HI~ ~ ORI~ (HOUSE NO.) (S~ET) (~L~) ~ty T~. 473889 ~i~ 13 BI~ 1 ~t 8 con~o~s s~st~tially to the A2pl~cat~on ~o~ Building De.it heretofore ~lldt~ ~t No. 32339-Z ~t~ SE~BR 5t 2006 was issued, ~d confo~ to all of the re~ir~ents of the applic~le provisions of the law. ~e occu~cy for which this certificate is issued is ACCESSORY INGRO~ SW~ING ~L WI~ F~CE ~ ~D~ AS ~PLIED FOR & A~ PER CONDITIONS OF ZBA #5908 DATED 6~29/06. T~e certificate ts ism,~ to CARMELA & ~ALPE CONSTANTLNO (OWNER) of the aforesaid building. SUM~K CO~TY D~PAR~T OF ~TH~P~FAL N/A ~-~(~ ~Y~£1~(/A~ ND. 3808 10/21/06 ~ ~E[FIC.~Lq'~(H~'~.~-~-.~U.,, N/A ~zed~ Rev. 1/81 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT 2013 BOARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit #: 37760 Permission is hereby granted to: Constantino, Carmela & Constantino, Ralph 260 Garfield PI B~rooklyn, NY 11215 Date: 1/17/2013 To: Additions and alterations to an existing single family dwelling as applied for. At premises located at: 2105 Browns Hill Rd, Orient SCTM # 473889 Sec/Block/Lot # 13.-1-8 Pursuant to application dated To expire on 7/19/2014. Fees: 12/14/2012 and approved by the Building Inspector. CO - ADDITION TO DWELLING SINGLE FAMILY DWELLING - ADDITION OR ALTERATION Total: $50.00 $1,011.20 $1,061.20 Building Inspector TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit #: 37760 Permission is hereby granted to: Constantino, Carmela & Constantino, Ralph 260 Garfield PI Brooklyn, NY 11215 Date: 1/17/2013 To: Additions and alterations to an existing single family dwelling as applied for. At premises located at: 2105 Browns Hill Rd, Orient SCTM # 473889 Sec/Block/Lot # 13.-1-8 Pursuant to application dated To expire on 7/19/2014. Fees: 12/14/2012 and approved by the Building Inspector. CO - ADDITION TO DWELL1NG SINGLE FAMILY DWELLING - ADDITION OR ALTERATION Total: $50.00 ,0! !.20 $1,061.20 Building Inspector ISSUED TO MAR ? 2013 80A~i~ OF APPEALS DATE ADDRESS This notice must b,e disPlayed during construction and returned to Building Dept. to get a certificate of OCCU BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD sou~o~oi n. ¥. 2405 Brown's Hit R~,Orent NY ~957 Maps 2~05 Brown's Hilt Rd, Orient, NY 11957 ~xy APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard E Goehringer James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ,Ma~Address: Southold Town Hall 53095 Main Road · RO. Box 1179 Southold, NY 11971-0959 Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Tel~..(631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 29, 2006 ZB File No. 5908 - Ralph and Carmela Constantino Property Location: 2105 Brown's Hill Road, Orient CTM 13-1-8 RECEIVED 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' 1.6 acre parcel is improved with a one and a half story frame dwelling with garage and enclosed patio, as shown on December 9, 1986 survey prepared by Pat T. Seccafico, Land Surveyor. BASIS OF APPLICATION: Building Department's May 9, 2006 Notice of Disapproval citing Section 100-33, in its denial of an application for a building permit to construct an accessory in-ground swimming pool. The reason stated by the Building Inspector in the denial is that accessory buildings and structures or other accessory uses shall be located in the required rear yard. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 22, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicants wish to construct an 18' x 36' in-ground swimming pool on a 1.8-acre parcel with three front yards. The applicants wish to place the proposed pool in a front yard location, approximately 80' from the front property line on North View Drive and approximately 84' from Brown's Hill Road. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings; 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Board has determined that at least one other swimming pool exists in the immediate area with the same or similar yard location/setbacks. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicanl to pursue, other than an area variance. The applicants have three front yards, and accessory structures can be located by code only in a rear yard. Page 2 - June 29. 2006 Z8 File No. 5908 - Ra CTM No. 13-1-8 3nstantino 3. The variance granted herein is not substantial. The setbacks meet or exceed the requirement (for rear yard locations), and are the minimum that the Board would entertain. 4. The difficulty has not been self-created 5. 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. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an in-ground swimming pool, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Member Dinizio, and duly carried, to GRANT the variance as applied for, as shown on survey site map dated December 9, 1986 prepared by Pat T. Seccafico, Land Survey subject to the following conditions: 1. That a pump-out drywell be placed in a location adjacent to the pool for the purpose of discharging pool water. 2. That the applicants suppiy the Board with a proposed screening plan that will screen the pool from the two front yards adjacent to the pool, 3. That the applicants leave an un-vegetated/open area large enough for vehicular traffic to have a line of sight while turning west from Brown's Hill Road to North View Drive. 4. That this un-vegetated/open area be continuously maintained, and trimmed/cut back to provide for clear visibility. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject properly that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, and Dinizio. (Member Simon abstained from vote.) Absent was Member Wiesmary"~'his Resolution was duly adopted (3-0-1). Ruth D. Olive 8//~ /06 Approved for Filing Board of Zonin~ A~oeals Application AUTHORIZATION (Where the Applicant is not the Owner) (Print property owner's name) (Mailing Address) do ' ,/~f //,.~/3~ hereby authorize 4~ge. fit) //~'X~'~~'~//~/ for variance(s) on my behalf from the Southold Zoning Board of Appeals. (QS~Sner's Signature) (Print Owner's Name) grip 7 ~013 ~:~,C)A~d) (.)F APP[~ALS TOWN OF SOUTHOLD PI~OPERTY RECORD CARD RES. LAND ~qoo AGE NEW Form Tilloble 1 Tilloble 2 Tillable 3 Woodland Swamplond Brushland Hoase Plot Total SEAS. IMP. NORMAL Ac re VL. TOTAL /~'7 o o~ FARM DATE BUILDING CONDITION BELOW Value Per Acre ~ · DISTRICT SUB. LOT ¥~ ,' ' , ,~ /q , TYPE OF BUILDING Ic°~- "1 '~. u I, c~. i~,~c. ~ ~r~,.,.ff ...... V,,,~.,~,. ~ n A 13.-1-8 10/07 M. Bldg. Sot X '-/ ~ / ~ 7 2-~ Foundation I ~A°~ Bath Extension /~ X ;z-o -- ~ ~ ~ ~ * 7 / ~ ~nt ~ ~ ~. Fl~rs ~tension - ~t. Walls Interior Finish ~on Fire Place ~ ( 5 He~ ~r~..) ~oK3o = ~D ~ .~O ~oo / Porch Affic t~<~ O ~Ot (~ ~ ~ Porch Rooms ]st Flor Breezeway ,~7~ ~ . [~ Patio R~ms 2nd Flor Garage ~/ ~.I~ : ¢ ~.. .~.~ .Driveway · ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www. southoldtownny, gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville March 11, 2013 Zoning Appeal No. 6643 Transmitted herewith is Zoning Appeals No. 6643 Amy Martin for Ralph & Carmelo Constantino- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Copy of Certificate of Occupancy No. Z 3603 for Private One Family Dwelling Dated October 7, 1969, Copy of Certificate of Occupancy No. Z-32791 for "As Built" Alterations to an Existing Single Family Dwelling Dated December 18, 2007, Copy of Certificate of Occupancy No. Z-32792 for Accessory Inground Swimming Pool with Fence Dated December 18, 2007, Copy of Building Permit No. 37760 for Additions & Alterations to an Existing Single Family Dated January 17, 2013, Copy of Building Permit No. 37760 for Additions and Alterations to an Existing Single Family Dwelling Dated January 17, 2013, Copy of Notice from Building Permit Dated January 17, 2013, Four Pages of Photos of Property and Maps (One Double Sided), Zoning Board of Appeals Finding & Determination No. 5908 Dated June 29, 2006, Authorization Letter from Ralph Constantino to Amy Martin, Copy of Property Record Card, Two Copies of Site Plan of Property Showing Existing & Proposed Construction Prepared by Robert I. Brown - Architect, Notice of Disapproval from Building Department Dated February 22, 2013, Copy of Survey Showing Existing Construction Dated June 1, 2012 Prepared by Peconic Surveyors, P.C., Five Pages of Plans Showing Elevations & Floor Plans Dated March 2, 2013 Prepared by Robert 1. Brown - Architect. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 03/08/13 * * * RECEIPT * * * Receipt: 147277 Transaction(s): 1 I ZBA Application Fees Check#: 625 Reference 6643 Total Paid: Subtotal $500.00 $5OO.OO Name: Constantino, Carmela 260 Garfield Place Brooklyn, NY 11215 Clerk ID: CAROLH Internal ID: 6643 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3/8/13 ZBA # NAME CHECK # AMOUNT TC DATE STAMP F CEIVED 6643 Constantino, Ralph & 625 ~500.00 ~1~8 ?01~ ' ' Carmela South ~ld Town Clerk $5O0.00 By lc Thank,,ou. Fairweather-Brown Page I of 1 From: Miller, David C. [dmiller@sidley.com] Sent: Tuesday, April 23, 2013 9:48 PM To: fbdainc@optonline, net Cc: cammycon@aol.com; jcscofield@earthlink, net Subject: Improvement to Constantino Home in Orient Point Dear Mr. Brown, We live at 370 South View Drive in Orient Point, next door to Ralph and Cam Constantino. I understand that you will find it helpful in obtaining a variance if we make it clear we have no objection to the improvements that they plan to make to their home. We have carefully reviewed the plans, and we have no objection whatsoever to those improvements. If you have any questions, or require anything further, please call us at (718) 624-3240. Very Truly Yours, David and Judith Miller RECEIVED MAY - ~ 2013 BOARD OF AppEALS IRS Circular 230 Disclosure: To comply with certain U.S. Tmasary regulations, we inform you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this communication, including attachments, was not intended or written to be used, and cannot be used, by any taxpayer for the purpose of avoiding any penalties that may be imposed on such taxpayer by the Internal Revenue Service. In addition, if any such tax advice is used or referred to by other parties in promoting, marketing or recommending any partnership or other entity, investment plan or arrangement, then (i) the advice should be construed as written in connection with the promotion or marketing by others of the transaction(s) or matter(s) addressed in this communication and (ii) the taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor. This e-mail is sent by a law firm and may contain information that is privileged or confidential. If you are not the intended recipient, please delete the e-mail and any attachments and notify us immediately. No virus found in this message. Checked by AVG ~ www.avg.com Version: 2012.0.2241 / Virus Database: 3162/5768 - Release Date: 04/23/13 4/24/2013 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northft~rk.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 2, 2013 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-6959, on THURSDAY~ MAY 2~ 2013: 11:30A.M. - RALPH and CARMELO CONSTANTINO #6643 - Request for Variance from Article IV Section 280-18 (Bulk Schedule) and the Building Inspector's February t3, 2013 Notice of Disapproval based on an application for building permit for additions and alterations to existing single family dwelling: 1) less than the code required minimum rear yard setback of 50 feet, located at: 2105 Brown's Hill Road, (corner North View Drive and South View Drive) Orient, NY. SCTM#1000-13-1-8 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-t809, or by email: Vicki.Toth~.Town. Southold. ny.us Dated: April 8, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME CONSTANTINO, R. & C. #6643 MAP # 13.-1-8 VARIANCE SETBACK REQUEST ADDITIONS/ALTERATIONS DATE: THURS, MAY 2, 2013 11:30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 #11152 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 18th day of April, 2013. Principal Clerk ~ me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY MAY 2~ 201~ PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Cl~apter 280 (Zonin~),Town of Southold, the followin~ public hear- ings will be held by the SOUTltOIA) TOWN ZONING BOARD OF A-P- Road, P.O. Box 11'/9, Sou~hold, New York 119~1-09S9, on ~ 9'.30 A.M.. KIMOGENOR POII~. ~ - (Adj. ~rom April 4, 20t3 PH) Re,Opened per Bo~rd Resolution. Based on the Building In- provai based on work performed is be- yond the ~cope Of the ZBA dec/sion, 1) deemed a demol/tion and construction of new single faraiiy dwelling, located at; 50 Jackson Street (adj. to Great Peconic Bay) New Suffolk, NY. SCTM#1000- 10:.00 A,M. - MATTITUCK PLAZA. Building Inspector's December 17, 2012 Notice of Disapproval based on an ap- plication for building permit for an "as built" a~ory building, at: 1) located from any property line, 2) more than the permitted lot coverage of 30%, in- cared at: 10095 Main Road aka NYS 25, (corner Factory Avenue) Mattituck, NY. SCTM#1000-142-1-26 Road) (adj. to Long Island Sound) ~.-day of ~A.M. - RICHARD ZAItRA ~ - Request for Varlance~/rom Arii- de XXTII Seofion 280-124 and the Build- iai Inspector's January 23, 2013 Notice of Disa~pr0vaiba~ed on an appiicalton bttild/nE permit for "~s built' deck and raisod patio addition to exist/nE single fatty dv~llh/, a: 1) le. than tbe code r~qu/r~d minimum l~ar yard setback of 35 feet,2} more than the code permitted msximum lot covlrage of 20%, located ~: 4~5 Mai'lene L~e Mattituck, NY. (/~~ 2013. CHRISTINA VOLINSKi NOTARY PUBLIC-STATE OF NEW YORK No. 01VO610B050 Qualiflea In Suffolk County ~ - Reque~t.foi'~ance under Proposed Lot #10,1) less than thc code reqhired minimum !6t'size of 80,000 ~. ti0nsto ea~ffls~ ,~g single fltmily dwelling, at: ground swimming pool, at: 1) accessory 7~ f~t fo~ addi~ms and alteraQons 1o · e dw~, 3) ~t q~ ~ n~ a pe~ ~*~ ~ [~ at: M~ N~u ~.R~ {~j. ~ M~ P~- ic Bay) ~o~ ~. S~l~ ~ ~ R~u~ f~.V~ ~ ~. i~ ~r% ~ 14,, ~13 No~ of ~ ~ ~ ~ app~ br b~ ~ ~ ~o '~ b~" ~g r~ ~ ~ ac 1) one ~~~al~ ~d ~ ~ og I0 ~t, 2) ~- ond ~ b~ 1~ ~ ~ y~d ~t~ of 10 ~ ~ a~ ~10~ M~ R~ (S~ ~ ~) ~, ~. S~1~I~39 tot's A~ ~, ~12, m~ ~ ~, ~13 No~ of ~pmv~ b~d ~ ~ ~ for b~ .~t f~ d~fion ~d ~on ~d y~'~ of 10 ~) 1~ ~ ~ O~ S~ (~ m S~'s ~) ~- t~, ~, ~1~1~1-533 - ~t ~r V~ ~m ~e ~ S~on ~1~ ~d ~e B~g D~va b~ on ~ ap~on ~r b~ ~t '~r "~ b~t~ d~ ~t- aon to ~ s~ ~y d~: 1) more ~ ~e ~de ~ ~. ISS0 Ba~ew Av~ ~n, ~. S~1~-52.5.50 ~e B~d of Ap~ will be~ ~ ~g m ~ ~d at ~ be~$ ~or re~w d~ r~ b~ ho~ you have q~ ~ ~n~t o~ ~ at, (~1) ~-1~, or by ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net April 8, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, May 2, 2013 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before April 15th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran.qements were made in either a written statement, or during the hearinq, providing the returned letter to us as soon as possible; AND not later than April 22nd: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later April 24th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before April 30, 2013. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of · (:Name of Applicants) SCTMParcel#1000- [~ --/ --~ AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK STATE OF NEW YORK I, r~u ~"~ ~"~'~ ~g at C~_~-~~ New Yo ly sw~rn, deposes and says that: On the ~ d/q.;q of ~ , 20/_~ I personally mailed at the United States Post Office in c~, r'63~9~O _OO~/ , New yOrk, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vetficUlar right-o f-way of record, surrounding the l~pplicant's provertv o' (Sign t ¢) Sworn to' be_fqre me this ~ day of (~p£1{ ,20/3 (Notary PUblic) VI H Notal/publ~CK41~l~ of New York Quaiit~e~ in Suffolk Cou ~ Commission Expires July ?-8 n.?-~ [ PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. Postage Certified Fee Return Receip Fee (Endorsement Required) RestriCted Delivery Fee (Endorsemem Required) Total Postage & Fees $6.11 Ceriified Fee Date: FAIRWEATHER-BROWN DESIGN ASSOCIATES, INC. 205 Bay Avenue Greenport, N.Y. 11944 631-477-9752 (hx) 631-477-0973 Adjoining lots to: Name: SCTM#13-1-8 13-1- 9.1 13-1- 7 13-2- 8.16 13-3- 11.3 13-1- 12.1 · 1, 2, and 3. Also complete item 4 if Restricted Dellve~ Is desired. · Print your name and address on the reveres so that we can return the card to you. · Attach this can:l to the back of the mailpiese, or on the front if space permits. 1. Article Addn~sed to: OAmnt B. Received by ( Printed Name) C.~ ~f~/very ' D. isdelive~a~:hassdiffemnt fromitem 17 -[~Ye~ J if YES, ente~ delivery address below: ~' No ~Ce~Mall I-I Express Mall [] Registered [] RebJrn Receipt for Merchandise I-I Insured Mall [] C.O.D. 4. Restricted ~ellve~y? .(Ex~ F6e) [] Yes 2. ArtJcle Number Crra,,~?~om?,_ 7010 1870 0003 6920 3979 "PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired,, ~ ~, · Pdnt your name and address on th~ ~r~e so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits, t I t i '~ B. Received by ( Pr/n~d Na~ ~ .D~ [~;Ivery D. Isde~iveryaddre~sdiffemntflornlteml? []Yes if YES, e~ter delivery address below: [] No 2. At,de Num[ (rran.s-fer fm, 7010 1870 0003 6920 3986 PS Form 3811, February 2004 Domestic Return Receipt · Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your nerrme and address on the reverse so that we cen ratum the can:l to yco. · Attach this card to the back of the mailpiece, o. r..o.n th..e.front .If. space permits. Signature 2. Ar'dcleNumbe*' 7010 1870 0003 6920 4006 PS Form 3811, February 2004 Domestic Return Receipt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS $OUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF POSTING · Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #I000- /5 -/ - ~ ~r4~f~/~0-~f , New York, being duly sworn, depose ahd say that: , ~e ~ day of~y?/(' / ,201~ , i Personally placed the Town s Official Poster, with the dfft¢ ~f hearing and nature of my application noted thereon, securely upon my property,, Iocated ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that Sworn to before me this 02 Day of (r~ ,201 3 I hereby confirm that the Poster has remained, in place for seven (7) days I?riqr to the date of the subject hearing date, which heating date was shown to be S[~//_~. tary Public) Notary Public - State of New York NO. 01BA6246841 Qualified in Suffolk Ceunta My Commission Expires * near the entrance or driveway en,trance of my property, as the area most visible to passerby. · Complete Items 1,2, and 3. Also complete item 4 it Restricted Delivery Is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mellpiece, or o~ front if space permits. A. Signature J~.,~,.~.. ~ i-lAgent if YES, enter deJiva7 address below: i-I No [] Registered r-I Return Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Restflcted Deliver/? ~ra Fee) DYes 2. Article Number~ (rmnsfer fr~ s 7010 1870 0003 6920 4020 PS Form 3811, February 2004 Domestic Retum Receipt · Complete items 1, 2, and 3. Also complete item 4 it Restflc'b~ Delivery is desired. · Print your neme and address on the reverse so that we can retum the card to you, · Attach this card to the back of the mailpiece, or on th~ front if space permits. 1. Article A~clressed to: A. Signature xC B. Received by ( Pdnted Name) C. Date of Delivery D. Isde~ive~yaddmssdh94~entfmmltem17 DYes ff YES, ente~ delivery address b~low: r-lNo [] Insured Mail [] C.O.D. Restricted Deliverj? (Extra Fee) [] Yes cr~ 7010 1870 0003 6920 4013 PS Form 3811. February 2004 Domestic Retum Receipt BOARD MEMBERS Leslie Kanes Weisman, Chairperson Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.noahfork.net ZONING BOARD OF APPEALS TOWN OE SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 March 8, 2013 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6643 Owner/Applicant: Constantino, Ralph & Carmelo Action Requested: Additions/alterations - rear yard setback Within 500 feet of: ( ) State or County Road (X)Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us: Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson // BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 119714)959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://sout holdtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 May 17, 2013 Fairweather Brown Design Assoc. 205 Bay Avenue Greenport, NY 11944 RE: ZBA Application #6643 - Constantino Dear Ms. Martin: Transmitted for your records is a copy of the Board's May 16, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely, Vicki Toth Encl. Cc: Building Dept. NO Td V EW \ BASED ON MAP OF DESCP, IBED PROPERTY 51TUATED AT ORIENT, TIO 50UTHOLD SUFFOLK COUNt, N.Y. B.C.T.M. 1000-13- I -6 BY:PECONIC SURVEYOP-,.5, P.C. LAND SURVEYOR AREA = 53,75~ S.F. 51TE PLAN SCALE: I" = 40'-0" DRAINAGE CALCULATION5 ADDITION: 528.3 BF. 528.3 5ff. X t,x 0. I 7 =85.8 C,P. PROVIDE (I) G'~ x 4'-G"D DRYWELL (I 00.5 C.F.) NOTE: NEW DRAINAGE FOR AREA OF TWO 5TOP-,Y ADDITION A5 SHOWN, SECOND FLOOR ADDITION 15 WITHIN FOOTPRINT OF EXISTING FIRST FLOOR ROOF· FO(15TING DRAINAGE SYSTEM T( TO ~O~RD OF 'qPPPz~ ~_ S_ ~ST HOLE DATA BY McOONALD ~OSaEN(~ CC '45TANTiNO ROBERT I. BROWN ARCHITECT, P.C. W/ FAIRWI~LATPiER DESIGN ASSOCIATES, ~NC.