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BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman, Chairperson ~O~`1QF S0~lyolo 53095 Main Road • P.O. Box 1179
Southold, NY 11971-0959
Eric Dantes # Office Location:
Gerard P. Goehringer H Town Annex /First Floor, Capital One Bank
George Horning • , p~O 54375 Main Road (at Youngs Avenue)
Ken Schneider ~lyco Southold, NY 11971
http://southoldtown.northfork.net R C IVE
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD IT
Tel. (631) 765-1809 • Fax (631) 765-9064 2013
"
Southold Town Clerk
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JUNE 20, 2013
ZBA FILE 6658
NAME OF APPLICANT: David Turner
PROPERTY LOCATION: 640 West Shore Drive, (adj.to Southold Bay) Southold, NY (S.C.T.M. 1000-80-1-47.1)
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 If 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 May 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: This application was referred for review under Chapter 268, Waterfront Consistency
review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. The LWRP Coordinator issued a recommendation dated May 23, 2013. Based upon the information
provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records
available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards
and therefore is CONSISTENT with the LWRP.
PROPERTY FACTS/DESCRIPTION: The property is located on West Shore Drive in Southold. The property is
a non-conforming 11,820 foot parcel located in an R-40 District. It is improved with a frame dwelling and
accessory garage and shed. The property has 60.15 feet of water frontage on Southold Bay, 195 feet along the
eastern property line, 60.04 feet on West Shore Drive, and 197.00 feet along the western property line. as shown
on the survey by Robert H. Fox LLS dated February 14, 2013.
BASIS OF APPLICATION: Request for Variance(s) from Sections 280 -116(B) and Article BI, Section 280-15F
the Building inspector's April 29, 2013 Notice of Disapproval based on an application for building permit to
demolish existing single family dwelling, construct new single family dwelling and accessory garage at; 1)
proposed construction at less than code required bulkhead setback of 75 feet. 2) Accessory garage proposed in
location other than code required rear yard or in case of waterfront property may be located in front yard provided
it meets the principle setback.
RELIEF REQUESTED: The applicant requests variances to demolish an existing single-family dwelling,
accessory garage and shed and construct a new dwelling at 52 feet from bulkhead where the code requires a 75-foot
Page 2 of 3 - June 20, 2013
ZBA46658 - Turner
SCPM41000-80-1471
minimum setback from the bulkhead. Additionally the applicant is proposing to build an accessory garage which
will be partially located in a side yard where the code requires either a rear yard location, or in the case of
waterfront properties a front yard location meeting the principle front yard setback of 35 feet on the subject
property.
AMENDED APPLICATION: During the hearing, the applicant was asked to bring the plan into more conformity
with the code. The applicant, on June 13, 2013, submitted a revised site plan increasing the bulkhead setback to
58.4 feet 4 s and moving the proposed accessory garage 5 feet towards West Shore Road so that it is no longer in
the side yard, and thereby eliminating a variance and bringing the plan into more conformity with the codes.
ADDITIONAL INFORMATION: The neighbor to the East of the property spoke at the public hearing and in his
opinion granting this variance will allow the owner to improve his property by demolishing the existing structures
and building a new home and accessory garage, fixing the existing bulkhead and bringing the home into
conformance with other similar houses to the west and east of his in keeping with the character of the
neighborhood.
FINDINGS OF FACT/ REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on June 6, 2013 at which time written and
oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and
surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant
and makes the following findings:
1. Town Law 4267-b(3)(b)(1). Grant of amended relief will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. Several of the neighboring properties have non-conforming
bulkhead setbacks and accessory garages in the front yard similar to what the applicant proposes. The applicant
also proposes to demolish a deteriorated dwelling, garage and shed and improve his property with a new dwelling
and accessory garage which is more in keeping with others that are similarly improved in the neighborhood.
2. Town Law &267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for
the applicant to pursue, other than an area variance for the proposed accessory garage. The applicant can place his
accessory garage in a conforming front yard location, as applied for in the amended site plan, thereby making it
code conforming. Granting alternative relief for the bulkhead setback cannot be achieved without a variance
because the applicant proposes to use a portion of the existing foundation which has a non-conforming bulkhead
setback. However, the amended bulkhead setback is more conforming to the code and similar to others in the
neighborhood
3. Town Law &267-b(3)(b)(3). The variance granted herein for the bulkhead setback is mathematically
substantial, representing 23% relief from the code. However the alternative relief increased the bulkhead setback
by over 6 feet and a landscaped buffer will control run off from the slope of the bank.
4, Town Law 4267-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
grant of alternative relief has addressed the concerns and has eliminated one variance. The applicant must comply
with Chapter 236 of the Town's Storm Water Management Code and install drywells, leader and gutters, and re-
build the existing bulkhead.
5. Town Law 4267-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.
Page 3 of 3 - June 20, 2013
ZBA#6658 - Turner
SCTMt11000-80-1-47.1
6. Town Law 4267-b. Grant of the alternative relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a new dwelling with an accessory garage 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 Eric Dantes, seconded by Member Goehringer, and
duly carried, to
DENY the application as applied for, and
GRANT ALTERNATIVE RELIEF as requested in the amended site plan showing drywells, the septic system
and the proposed accessory garage in a conforming front yard with conforming setback of 36 feet from West
Shore Road, and a bulkhead setback of 58.4 feet, which was prepared by David Turner Architect, P.C. labeled S-
100.00 and dated June 11, 2013 and architectural plans labeled A- 103 and A-104 dated April 9, 2013 prepared by
David Turner Architect, P.C. subject to the following conditions;
CONDITIONS:
1.) The house and accessory garage shall be fitted with leaders and gutters to manage storm water runoff and
drywells as shown on site plan.
2.) The applicant shall install a 10 foot wide landscape buffer along the top of the bank/ "top of slope."
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 of a building permit, and may require a new application and public hearing before
the Zoning Board of Appeals.
Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited
above, such as alterations, extensions, or demolitions, are not authorized under this application when involving
nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other
feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are
expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of
nonconformity.
Vote of the Board. Ayes. Members Weisman (Chairperson), Goehringer, Schneider, Horning, Dames. This
Resolution was duly adopted (5-0).
Leslie Kanes Weisman, Ch>person
Approved for ffling6 d /2013
s
5OUTHOLD BAY
60.15'
/ /ri /i !r/~i//j NEON / I
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EXI5TIN6 BULKHEAD ~I
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REVIEWED BY ZBA
1 - SEE DECISION # _
DATED u)
31.8' !
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- - - - - - - - - - - - -
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PORTION OF WALL THAT WILL BE I ~ 12"
EXTENDED BEYOND THE 5ETBAGK LINE
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WATER FRONT SETBAGiG DETAIL ATE SHEET
02-24-14,
640 WEST SHORE DRIVE ALe
NOT TO SCAR A
SOUTHOLD, N.Y.
BOARD MEMBERS ~QF so~ly Southold Town Hall
Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179
Southold, NY 11971-0959
Eric Dantes Office Location:
Gerard P. Gcehringer G Q Town Annex /First Floor, Capital One Bank
George Horning 54375 Main Road (at Youngs Avenue)
Kenneth Schneider l~rouff m~ Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 • Fax (631) 765-9064 lU
February 25, 2014
David Turner, Architect P.C.
450 Seventh Avenue Suite 1907
New York, NY 10123
Re: de Minimus request
Dear Mr. Turner:
Yesterday our office received a second letter from you dated 2-24-14 with sheet A-1 dated 2-24-14
showing the location of your foundation, with a bulkhead setback of 58.4 ft. on the NW comer and 57.1 ft.
from the NE comer, and a detailed explanation as to how this location relates to and differs from the
bulkhead setback of 58.4 ft. granted in ZBA decision #6658.
Your previous correspondence, dated 2-19-14, requesting approval for a de minimus change of 56.6 feet
between the foundation and bulkhead, was added to the Board of Appeals Special Meeting agenda for
discussion on February 20, 2014. At that meeting the Board determined that the proposed change was not
de minimus in nature and therefore voted by unanimous resolution to deny your request. I had drafted a
letter which was to be mailed to you today informing you that you could choose to either conform to the
variance as granted in decision #6658 dated June 20, 2013 or make a request in writing to the Board asking
to re-open your hearing so that you could present your reasons for being unable to conform to the Board's
original decision and why additional bulkhead setback relief should be considerd.
Based upon the information contained in your more recent letter of 2-24-14, and the drawing labeled Water
Front Setback Detail, I am prepared to approve your proposal to set back the foundation wall 8 inches
further away from the existing bulkhead, matching the 58.4 foot bulkhead setback at the NW corner as
granted by the Board of Appeals, and going no closer than 57.1 ft. to the bulkhead at the NE comer.
However, please note that any additional changes that deviate from the drawings approved by the ZBA,
will require full review by the Board of Appeals.
If our Ace can be of assistance, please do not hesitate to contact us.
#ieKanels Weisman
Chairperson/Department Head
CC: Michael Verity, Building Department
7
DAVID TURNER ARCHITECT, P.C.
2-24-14
Leslie Weisman lY
Zoning Board
Town of Southold
ZBA # 6658
640 West Shore Drive (Reydon Shores)
Dear Ms. Weisman
I have not yet received in the mail the answer from the zoning office to
my earlier letter (that I spoke to someone about on Friday), but since I
understand that the zoning board was not positive about my request and in the
interest of expeditiously resolving the issue of the setback of the house from
the bulkhead I would like to modify the foundation to comply with the existing
zoning approval rather than go through a lengthy amendment or appeal
process with an uncertain outcome.
I am willing to set back the foundation wall 8" further away from the
existing bulkhead matching the 58'-4" (or the 54.4 in the approved site plan.
Although NW corner would comply as shown in the approved plan, the
NE corner would sit 57.3' away from the existing bulkhead, about 1.1' into the
setback. Only a thin triangular sliver would protrude as per the attached
drawing.
Although it will be very costly for this modification I can live with the
loss of 8" to the main room in the house.
I believe that I should not have to bring both corners within the 58.4'
setback for the following reasons:
1). The approved plan only shows the dimension on the NW corner and
not on both corners.
2). The existing bulkhead both is heavily deteriorated & is neither
parallel to the house nor square to any of the property lines which is apparent
in the surveys. This was never discussed.
3). The existing bulkhead is not straight but weaves in and out as per the
attached photo. This was never discussed.
Continued on the following page
450 SEVENTH AVENUE, SUITE 1907 • NEW YORK, N.Y. • 10123
PHONE: (212) 594-0840 • PAX: (212) 594-1530
-2- February 24, 2014
4). The new bulkhead will be straight and the lot will probably gain 6 to
9 inches.
5). As per my earlier letter I was under the impression that I had zoning
approval to construct the new house over the existing footprint as long as I did
not protrude any closer to the bulkhead. I limited the extension to the street
side of the existing structure, At the hearing there was an aerial photo
projected on a screen and there was a discussion of the proximity of the
existing house to the water and the fact that within 3 properties to each side of
the subject property some of the houses sat as close or closer to the bulkhead.
6). Further at the hearing I explained how the existing two story house
(with cellar) was being replaced by a one story structure (with cellar) and the
bulkier 2 story extension (slab on grade with no cellar) was being constructed
on the street side.
7). In all of my submissions I always showed demolition of the house
down to its foundation which would remain and be a part of the new house
foundation (it is easily distinguished from the newly poured concrete). The
waterside 10' of the house sat on a frame support and we poured a new
foundation wall there.
8). If I had been aware that the setback dimension (which I understood
as just an arbitrary number) would have such an overriding impact I would
have investigated the conditions between the house and the bulkhead more
precisely.
Following up if there is any other remedial course of action that I can
take rather then modify the already construed foundation wall I would like to
consider it.
cerel
avid Turner
RA 16162
Survey of Lots
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- 16 450 SEVENTH AVENUE, SUITE 1907, NEW YORK, N.Y. 10123
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PROP05ED SITE PLAN CAD FILE No: 1 OF 3
EXI5TIN6SITE PLAN
BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman, Chairperson Of $UUjyO 53095 Main Road • P.O. Box 1179
Southold, NY 11971-0959
Eric Dantes * Office Location:
Gerard P. Goehringer H Town Annex /First Floor, Capital One Bank
George Horning • ~O 54375 Main Road (at Youngs Avenue)
Ken Schneider COU Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD~
Tel. (631) 765-1809 • Fax (631) 765-9064
October 24, 2013
David Turner Architect, P.C.
450 Seventh Avenue, Suite 1907
New York, NY 10123
RE: ZBA #6658, de minimus request
Dear Mr. Turner:
I have reviewed your letter dated October 17, 2013, and the proposed building plans that you
submitted with your request for a de minimus determination.
Since you do not propose any changes to the setbacks granted in decision #6658, and you are not
proposing any new nonconformity, I have determined that your requested modification is de
minimus in nature. Please also note that you must comply with Chapter 236 of the Town's drainage
code and the conditions imposed in the decision.
I will instruct the office to send a copy of this letter and your request, and a stamped approved copy
of the revised building plans dated October 4, 2013 and labeled sheet A-7 and the plan dated 08-
27-13 revised 09-30-13 and labeled sheet A-8, to the Building Department so that you can apply
for a building permit. If you have any questions, please call the office.
Sincerely,
Leslie Kanes Weisman
Chairperson/Dept. Head
CC: Michael Verity, Chief Building Inspector
DAVID TURNER ARCHITECT, P.C.
Vicki Toth 10-17-13 : RECEIVED +r
Zoning Board
Town of Southold tf
OCT 11 z013
o~3
ZBA # 6658
640 West Shore Drive (Reydon Shores) BOARD OF APPEALS
Dear Ms. Toth
As per today's telephone conversation with yourself and Patricia Conklin of the
Building Department I have attached the latest elevations and sections and am listing below
the changes that have been made as I have developed the working drawings.
Note
The elevations on the approved plans of 6-20-13 show grade (at the building) at EL 0.00
and calculated all proposed heights from that elevation. The revised plans show the grade (at
the building) at EL 16.0 and calculate the proposed heights from that elevation.
1). There has been no change in the width or setbacks from the approval of 6-20-13.
2). The existing cellar is 6'-6" in height the approved plans showed increasing that ceiling
height to T-6". The revised plans show the a proposed cellar ceiling height of 8'-6". Making
the cellar more usable and enabling the installation of 4' high windows facing the north. The
windows now shown on the cellar where not shown on the drawings of 6-20-13.
3). The drawings of 6-20-13 show the north living area having a ceiling that starts at an
approximate 9' height and pitches up to a 13' height facing the water. The revised drawings
show a 9' height pitching up to a 14'-6" height facing the water.
4). The approved plans of 6-20-13 show a total building height of 22'-6" with a second floor
ceiling at 19'-0" above grade at the south and at the north (facing the water) a wall height of
17'-6" with the roof approximately 2' above at 19'-6".
The proposed building height at the south is approximately 23' or 24' with a second floor
ceiling at 19'-6" (35.5-16.0 = 19.5) and at the north (facing the water) a wall height of 20'
(36.0 -16.0 = 20) with the roof approximately 2' above at 22'.
The proposed building is only 2 or 3 feet taller than that approved on 6-20-13. I ask for an
approval of these de-minimus revisions to the design.
S rel
D d "T"urner
450 SEVENTH AVENUE, SUITE 1907 • NEW YORK, N.Y. • 10123
PHONE: (212) 594-0840 • FAX: (212) 594-1530
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BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman, Chairperson ~F $~53095 Main Road • P.O. Box 1179
,~O !O Southold, NY 11971-0959
Eric Dances * Office Location:
Gerard P. Goehringer C4 ac Town Annex /First Floor, Capital One Bank
George Horning 54375 Main Road (at Youngs Avenue)
Kenneth Schneider l~C'OU Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 • Fax (631) 765-9064
February 21, 2014
David Turner, Architect P.C.
450 Seventh Avenue Suite 1907
New York, NY 10123
Re: de Minimis request
Dear Mr. Turner:
I am in receipt of your correspondence dated 2-19-14 with attached survey requesting approval of
your foundation location showing a 56.6' bulkhead setback instead of the ZBA approved setback
of 58.4' from the bulkhead.
Your request was added to the Board of Appeals Special Meeting agenda for discussion on
February 20, 2014. At that meeting the Board determined that your foundation location is not de
minimis in nature and therefore voted by unanimous Resolution to deny your request. You may
choose to either conform to the variance as granted in decision #6658 dated June 20, 2013 or
make a request in writing to this Board asking to re-open your hearing so that you may present
your reasons for being unable to conform to the Board's original decision and why the Board
should consider granting additional bulkhead setback relief.
If our office can be of assistance, please do not hesitate to contact us.
Sine ely,a-
~c
Leslie Kanes Weisman
Chairperson/Department Head
CC: Michael Verity, Building Department
DAVID TURNER ARCHITECT, P.C.
RECEIVED
2-19-14 1
Leslie Weisman FEB 19 2014
Zoning Board 8b !,Po 0
Town of Southold APPEALS
ZBA # 6658
640 West Sbore Drive (Reydon Shores)
Dear Ms. Weisman
As per today's phone call to the Zoning Board I had submitted the
foundation survey for the initial inspection to the Building Department. They
gave an appointment for this Friday but I later got a call back from Patricia at
DOB asking for the survey to be updated to show 58.4' clear between the
foundation and the existing bulkhead. I called the surveyor, he ahdd red to
his notes and told me that at the NE coxner the foundation m the
bulkhead and 57.6' at the NW corner.. The setback remained from
the or iginal house.
I had shown 58'-4" on my plans for the distance of the existing and new
residence to the bulkhead at the NW corner which is less than a foot off (0.8~.
Since until now, none of the surveys had shown the distance between the
building and the bulkhead I generated the distance on my plans by scaling the
autocad drawing of the site. This site plan drawing was generated by copying
diagrammatically from the survey.
Another factor to consider is the fact that the existing residence did not
sit square on the lot and the bulkhead which is badly deteriorated is also out of
square with the property .lines.
The bulkhead is also permitted to be replaced in it's present location.
Note that I have also notified the Board of Trustees of this issue.
Si y
avid Turner
RA 16162
450 SEVENTH AVENUE, SUITE 1.907 • NEW YORK, N.Y. • 10123
PHONE: (212) 594-0840 • FAX: (21.2) 594-1530
3M FL. GEILINS
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DAVID TURNER ARCHITECT, P.C.
I . • I _ ILN..1,9D
F=. 3 450 SEVENTH AVENUE. SUITE 1937. NEW YORK, NY 10123
(212)6'N-0810 FAX(212)5$W1530
II
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SOUTHOLD, N.Y.
"
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FRONT ELEVATION REAR ELEVATION ~N,E GE9
SCALE: I/4':I'-0° SCALE: I/4": I'-0"
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BOARD OF APPEALS
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E DEC ISION! * fo(or \ Air). ~R°`i
DATED
AVID TURNER ARCHITECT, P.C.
JW SEVENTH AVENUE, SUITE 1807, NEW YORK, NY . 10123
(212)596 FA%(213)59C1520
PROJECT
640 WEST SHORE DRIVE
SOUTHOLD, N.Y.
SHEET
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SEAL AND SIGNATURE DATE.
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840 WEST SHORE DRIVE f~
SOUTHOLD, N.Y.
A
-lol
1 ^A LEGEND
EXISTING WALLS FOUNDATION
-1 WALL TO BE REMOVED
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NEW EXTERIOR WALL
SEE SIOOIM n L N IN ® Bub IINS FELT ON e?6 P0~%EATIN6
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DAVID TURNER ARCHITECT, P.C.
dW SEVENTH AVENUE SUITE lM7, NEW YORK. N Y.10123
(212)5940%0 FA (212)5911530
i`[ L V N6 POOPt
M¢A • •Iq.C lf. _ ~ PPOJECT
12'-s 1 640 WEST SHORE DRIVE
SOUTHOLD, N.Y.
O Me- a1LV _
EXISTING F0.4IDATION _ 1 _
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SCALE: 1/4•:1'-0'
20F9
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- O EXISTING WALL5 FOUNDATION
T----- _ -
L - _ J HALL TO BE REMOVED
I I
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16" OL NITH 5/6" YIALLBOARD EACH SIDE
® NEW EXTERIOR WALL
BUILDIN'S FELT ON I/2' PLY. 5HEATIN6
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~I DAVID TURNER ARCHITECT, P.C.
-0840 SUITE 1902 NEW YORK, NY . 1043
450 SEVENTH AVENUE.
~V J (212)59CL800 FP%1212)591153p
/ PROJECT
640 WEST SHORE DRIVE
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SECOND FLOOR FLA A ROOF PLAN A A-102.00
SGALE: /4':I'-O' SCALE: 1/4': -0" mnLF xo: 3OF9
OFFICE LOCATION: ~~OF SO(/ryO MAILING ADDRESS:
i r54375 own Hall Annex P.O. Box 1179
State Route 25 Southold, NY 11971
in Rd. & Youngs Ave.) Telephone: 631 765-1938
uthold, NY 11971 Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
b& 5T
MEMORANDUM RECEIVED
MAY 24 2011
To: Leslie Weisman, Chair , n r ~ zp/&113
Members of the Zoning Board of Appeals BOARD OF APPEALS
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: May 23, 2013
Re: Coastal Consistency Review for ZBA File DAVID TURNER #6658
SCTM#1000-80-1-47.1
A site inspection was conducted on May 23, 2013.
Request for Variances Article XXII Section 280-116 (B) and Article III, Section 280-15F the Building
Inspector's April 29, 2013 Notice of Disapproval based on an application for building permit to demolish
existing single family dwelling, construct new single family dwelling and accessory garage at; 1)
proposed construction at less than the code required bulkhead setback of 75 feet, 2) accessory garage
proposed in location other than code required rear yard or in the case of waterfront property may be
located,in the front yard provided it meets the principal setback, located at: 640 West Shore Drive (adj.
to Southold Bay) Southold, NY. SCTM#1000-80-1-47.1
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of
Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards.
Based upon the information provided on the LWRP Consistency Assessment Form submitted to this
department, as well as the records available to me, it is my determination that the proposed action is
CONSISTENT with the below listed LWRP polices and therefore CONSISTENT with the LWRP
provided the Board requires the following best management practices to further the below listed
policies.
Policy 6.3 Protect and restore tidal and freshwater wetlands.
D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order
to ensure protection of the wetland's character, quality, values, and functions.
The property is sloped towards the tidal water body. In the event that the action is approved it
is recommended that a 10' wide landscaped buffer be established landward of the top of bank
" top slope" to further this policy. r l o F
~r
0
Chapter 268 of the Southold Town Code defines a landcaped buffer as - "A land area of a certain
length and width which is planted with indigenous, drought-tolerant vegetation similar to that
found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient
densities to achieve 95% ground cover within two years of installation. Survival of planted
vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are
limited to removing vegetation which is hazardous to life and property, trimming tree limbs up
to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-
foot-wide access path constructed of pervious material for access to the water body."
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
h ~7
COUNTY OF SUFFOLK
nit RECEIVED
MAY 2 0 2913
Steven Bellone BOARD OF APPEALS
SUFFOLK COUNTY EXECUTIVE
Department of
Economic Development and Planning
Joanne Minieri Division of Planning
Deputy County Executive and Commissioner and Environment
May 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 A14-14 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.
ADWicant Municipal Zile Number
Skelskie, (Arthur) & Molofsky (Nan) 6653
Windisch, Leslie 6654
Vastola Residence (c/o Nancy Steelman) 6655
Wolczok, Mary Ann 6656
McManus, Timothy (c/o William C. Goggins) 6657
Turner, David 6658
Fork & Anchor, LLC 6659
Breezy Shores Community, Inc. (Cottage #25) 6660
Breezy Shores Community, Inc. (Cottage #13) 6661
Very truly yours,
Sarah Lansdale
Director of Planning
Theodore R. Klein
TRK:mc Senior Planner
H. LEE DENNISON BLDG ¦ 100 VETERANS MEMORIAL HWY, 4th FI ¦ P.O. BOX 6100 ¦ HAUPPAUGE, NY 11788-0099 ¦ (631) 853-5191
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
DATE: April 16, 2013
AMENDED: April 23, 2013
TO: David Turner (Kolyer) AMENDED: April 29,2013
450 Seventh Avenue, Suite 1907
New York, NY 10123
Please take notice that your application dated April 11, 2013
For permit to demolish an existing single family dwelling construct a new single family dwelling and accessory
garage at
Location of property: 640 West Shore Drive Southold, NY
County Tax Map No. 1000 -Section 80 Block 1 Lot 47.1
Is returned herewith and disapproved on the following grounds:
The proposed construction on this non-conforming 11, 820 square foot parcel in the Residential R-40 District is
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 adiacent 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 setb k of 52 feet to existing bulkhead.
Furthermore the accessor rage is not tted ursuant to Article III Section 280-15 F. which states
"In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard,
provided that such buildings and structures meet the front-yard principal setback requirements as set
forth by this Code, and the side Yard setback requirements for accessory buildings in Subsection B
above.
Following the proposed construction the accessory garage will be located partially, in the side yard
This Notice o Disapproval was amended on April 23, 2013 to re ec ore orate s' l submitted to
the ZBA and dated 311113 and amended, a ai on April 29, 2013 t e ect roo verh n s
-
thor' ed i nature
Cc: File, ZBA
04/23/2013 14:06 6317619064 ZONINGBDOFAPPEALS 0 PAGE 02/02
FORM NO. 3 66sS2
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISA)PlPROVA-L
DATE: April 16, 2013
TO: David Turner (Kolyer) AMENDED: April 23, 2013
450 Seventh Avenue, Suite 1907
New York, NY 10123
Please take notice that your application dated April 11, 2013
For permit to demolish ti 0 single family dw~l_1inN cpns~~ a, c;nntr family dpi 1t' o nd
ate eatssorv
Location of property: 640 west Shore My S rthoid NY
County Tax Map No. 1000 - Section 80 Block _1 Lot 47.1
Is returned herewith and disapproved on the following grounds:
The Mmsed construction on is nnn tb ming 1_1.820 sours foot parcel in the Residential R40 13rri0t i
not tted u scant Article XX11 Section 1 B whit states-
`911 buildings located on lore upon wbirh a bulkhead, rnw-rnt walldRW similar structure exrst
And s
which are adjacent to tidal water bodies other than anundc shall be set back not lea than aeventy-
ve a from the head"
The VMRqjed truction notes a s c of 56 Peet talk _existing
Furth the accessory is nOt Petmittal pursuant to Article iii. Sccdoz 200-15, } whit states,
"In the case of a waterfront Parcel ac wy bmiL4ings and structures located in the
buildinas and An-w mod
tam the fr
o t- rd 2ximiyal sggLbmk ements as set
forth by this Code. and the side Yard setback muirernents for accesaorv buil in in Subsection B
above.'
Following the_proposed consttuctioa the accessorrvgarapc will be locaj n.rti lly~ in the side Yard.
Mice olAiaannroyal was Mende on Aar' 23 291 to reflect a more accurate rte plea, vrtbautte4 to
the7BA and dated 311113,
i.
Authoriz d 'T re
Cc: File, ZBA
FORM NO. 3 l!J (D S~
RECEIVED
TOWN OF SOUTHOLD ~P~ z
BUILDING DEPARTMENT 201,5
SOUTHOLD, N.Y. BOARD OFAppEALS
NOTICE OF DISAPPROVAL
DATE: April 16, 2013
TO: David Turner (Kolyer)
450 Seventh Avenue, Suite 1907
New York, NY 10123
Please take notice that your application dated April 11, 2013
For permit to demolish an existing single family dwelling construct a new single family dwelling and accessory
ease at
Location of property: 640 West Shore Drive, Southold. NY
County Tax Map No. 1000 - Section 80 Block 1 Lot 47.1
Is returned herewith and disapproved on the following grounds:
The proposed wnstruction on this non-conforming 11,820 square foot parcel in the Residential R-40 District is
not permitted pursuant to Article XXIH Section 280-124 which atates,that, on lots measuring less than 20,9_Q0
square feet in total sim the minimum front and rear yard setback is 35 feet.
Following the proposed construction the dwelling will have a rear yard setback of 32 feet and a front yard
setback of 33 feet.
In addition, the proposed construction is 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 (751 feet from the bulkhead "
The proposed. construction notes a setback of 26 feet to the existing bulkhead.
Furthermore. the accessory gareg s is not permkLed pursuant to Article 111, Section 280-15- F. which states.
"In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard.
provided that such buildings and structures meet the frout-3rard principal setback requirements as set
forth by this Codm and the side Yard setback requirements for accessory buildings in Subsection B
above."
Following the proposed construction -tile accessorYgarage will be located partially in the side yard. 24 feet
from the front property line.
-
hori Signature
Cc: File, ZBA
£ /L # 0£91b69ZlZl BO'£l-Ll-bO
RECEIVED
Ap'R 2 5 201
Fee: $ Filed By: Assignment No.
RD OF APPEALS
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
AREA VARIANCE
h~ES'I S}{01LE I~RI.rL EYoo14 SF+0f2~S
House No. (p Street1 Hamlet
60X(96
SCTM 1000 Section at Block Lot(s) AT. Lot Size I to GL 0 Zone t 4 0
5.4=.
I (WE) APPEA TH ' WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED _e BASED ON SURVEY/SITE PLAN DATED 2 - 14" 13
Applicant(s)/Owner(s): DAV 1 C 1 v r2 F-1 ig 'z
Mailing Address:_ 450 , )ILIAyE C5 v I -T 13 (Q O 1 0 1 Z 3
C21ti7 5g4-0840 &El-L 594-1530
Telephone: Fax: Email: OA`/t C RH~?~ °e V~ 1 z Oµ'
NAT
NOTE: In addition to the above please complete below if application is signed by applicant's attorney, agent,
architect, builder, contract vendee, etc. and name of person who agent represents:
Name of Representative: for( )Owner( )Other:
Address:
Telephone: Fax: Email:
Please check to specify who you wis correspondence to be mailed to, from the above names:
( ) Applicant/Owner(s), ^Authorized Representative, O Other Name/ Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN
DATED 2 --14-13 and DENIED AN APPLICATION DATED ~t c' 13 FOR:
wilding Permit
( ) Certificate of Occupancy O 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: Section: St;L EL-O~ Subsection:
Type o;TA eal. An Appeal is made for:
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
O Reversal or Other
A prior appeal ( ) has, Xhas not been made at any time with respect to this property,
UNDER Appeal No(s). Year(s). (Please be sure to
research be/o a completing this question or cull our office./m, assistance)
Name of Owner. ZBA File#
ArL-TI L EE- S L c.T t o l-1
~jCX~I I Z 8D -124
I11 280- 1lCnL3
ego- lSF
• • RECEIVED
APR 25 ZUI'-,
Attach additional sheets if necessary BOARD O WEALS—
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 Not 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.
U 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.
13 Yeinn
No Not Applicable
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations;Not WRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
? Yes ? No Applicable
• • RECEIVED
APR 2 5 2013
BOARD OF APPEALS-
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 R(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 ' n criteria.
El Yes 1:1 No Not Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III - Policies; P es 65 through 68 for evaluation criteria.
? Yes ? No Not Applicable
Created on 5125105 11: 20 AM
RECEIVED
,A 252Ji
REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's~~ARD OF APPEALS
signature notarized).
1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby
properties if granted, because: 6,(-L L or- TFAr- N L ° l 4 H Q o k[ 4~ G t R o P h T i a S
A1~~ uHD~~SlZ1E w~ 1-{s1-~11E A'f APP2o~ctMATIaLZ THL
SA~~ ~1eTDbCt6S ~1Z e1M -Tt-at
St 'p-At t_r~ h. S>c'f f+~ lac1~ @ -i4-~t:ReH T ~(Ah-CS
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: -I .A r- M.;,4 t S-T 1 H o u S L 1.:5
J-(e" - C.e1."t pLt.6HT IN Q,u4-{OoW H ft t-4 . -TNt S
~4401%.lL ~•/ou~`~ IMtPRetitc CHtb H~14NE~IxNood,
3. The amount of relief requested is not substantial because:
[t-+~ PtLOP~s?~b w=1~ 1~ IS 1~-A S~r~~~, w~?H1=
a L K lE bt7~ ~t 5? 1 t -l 4 H o M tE S o 1 -t1 d LF
-C H 1c'. 'R~ 'P~ o Pos ~s-JO 1-t,1cl~Ca~r t._ S 'f"t-t L ~ ~Ct S T 1 [-3
4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the
neighborhood or district because:
._1'H~ x%.S_T, < 45 1,='T~,h,c~ FYZa1..j --T _)E 3~tK~~4~
k,vlt_u 'Rik l--AdItr1 '90 t)HG1-JA=N4lsb L ~e X\STI?-l
-[''rLT-- Itf WtLI - ?IF V.A04tH
5. Has the alleged difficulty been self created? { )Yes, oo Why:
'CIF
(t AL LiCtS'(It-{G L , koact4
I" THta- `:Pt2"±S1~ t.-j 'T c~}1fIC -/IOLI °w l LaS?
'70 -C L=Aiz-S
Are there any Covenants or Restrictions concerning this land? P<No { } Yes (please furnish a 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.
Si ature of Applicant or Authorized Agent
(Agent most submit written Authorization from Owner)
Swo o before me this 2~ day
of ,2
/Notary Public
y 1t2 ~riNew York 6b
t OIrLi ~2r?8
ECEIVED
r~ APPLICANT'S PROJECT DESCRIPTION 30 RD OF PEAM
APPLICANT: 1~A~/ 1 p y ~H E DATE PREPARED: ~
1. For Demolition of Existing Building Areas
Please describe areas being removed: -T H E. VE 14 T 1 { 4 < -2 Gi T P k~r
Hous1= 1~JIL1_ F3~ b61~CoL1SH~b VoWW To ITS
Ge4aCtLaTt= F°Ul'lbATie1.I- L--7-16T11-t4 ~O-S x36.s
II. New Construction Areas (New Dwelling or New Additions/Extensions):
'Z I -Z. 1 S I,c Co • S
Dimensions of first floor extension: I Z 1~ 3 S 2 y-
Dimensions of new second floor:
Dimensions of floor above second level:
Height (from finished ground to top of ridge):
Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from
natural existing grade to first floor: tc A I 4T 1 1-4 G C L~- A K 4 • $ 1 f3 l8 t eat l C~ Yusb ax
III. Proposed Construction Description (Alterations or Structural Changes)
(Attach extra sheet if necessary). Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations: 'V46 0 t7
R/aM~r ~St~~ cE cH G,taST-IH-'Pt.ac CoHG
~G 11 b -1 1 DH C @ ~L~ 1113 ~0 - S. 1 8 O Gt blt,cly4
Number of Floors and Changes WITH Alterations: L° F4 L d Izcw Is M o 17 t 7-N I -r-
d) 0 -k w eat~t GLs 2tSS
~ ~ IE 1P~YJ.4'fL a U H q T-1bGL11Sb ~ l.. /~tL./.>•~. t ~Co2 -
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property: I 1 q o S. T. Lei G *%-V E tL dC,
Proposed increase of building coverage: 0 5. H c K.18 AS L
Square footage of your lot: 2 0 S.
Percentage of coverage of your lot by building area: 2 0,70 11 15 20 z , 6 C 10 V. Purpose of New Construction: C- X f-,41.4 n 't M c p IB tL 1-4 1-r; r
Mx 1471 ti14 H M.
VI. Please describe the land contours (flat, slope heavily wooded, marsh area, etc.) on your land and
how it relates to the difficulty in meetin$ the code requirement (s):
-_FLAT L h-Hr> -h+/ -TdZeLS I c ± A!3oyt£
H l gµ w a,-l ~ IL ' r~~1-z.l~ -
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
RECEIVED
APP x 5 01:
QUESTIONNAIRE BOARD OF APPEALS
FOR FILING WITH YOUR ZBA APPLICATION
A. Is the subject premises liste on the real estate market for sale?
Yes ~4 No(, A%--A lu G o 1 t T 1z ls„G'T Tv {°u ti Ll t i~ S
Wtt-~ Cr_o5 L I ~i O } Amt f
B. Are, here any proposals to change or alter land contours?
No Yes please explain on attached sheet.
C. 1.) Are there areas that contain sand or wetland grasses?
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? --(kes
4.) If your property contains wetlands or pond areas, have you contacted the Office of
the Town trustees for its determination of jurisdiction? mil' o Please confirm status
of your inquiry or application with the Trustees:
and if issued, please attach copies of permit with conditions and approved survey.
D. Is there a depression or sloping elevation near the area of proposed construction at or
below five feet above mean sea level? 1-4 o
E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not
shown on the survey that you are submitting? N C, Please show area of the
structures on a diagram if any exist or state none on the above line.
F. Do you have any construction taking place at this time concerning your premises? Na If
yes, please submit a copy of your building permit and survey as approved by the Building
Department and please describe:
G. 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. l I
H. Do you or any co-owner also own other land adjoining or close to this parcel? 1410
If yes, please label the proximity of your lands on your survey.
I. Please list present use or operations conducted at this parcel 1~ d{ ~t t t_Y 21aS I b tE h Gtl
and the proposed use i 'F Au /mil i t_ 'IZGS t o he l q r- LL
. (ex: existing single family, proposed: same with
garage, pool or other)
c~ 2'L 13
Authorize gnature and Date
0 •
RECEIVED
1.
AGRICULTURAL DATA STATEMENT Apq 26
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD WARD OF APPEALS
WHEN TO USE THIS FORM: This form must be completed by the applicant far any special use permit,
site plan approval, use variance, area variance or subdivision approval on property within an agricultural
district OR within 500 feet of a farm operation located in an agricultural district. 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:- 'pAv t r=- ~'gp_ H r
2. Address of Applicant: 5 o 7 ` AY 1J Y. i o L 3
3. Name of Land Owner (if other;han Applicant): E-5-r^ 7 t< 01- 1Zd $ L-tL7 J!54 L-fLrlk
4. Address of Land Owner: AF g PRt cE . J'rZ . C.t re is Ie.H P tL7 r~
5. Description of Proposed '
Project: tZ1~F>l.ill.tD 1=7~T~IIh l T-,*-&.ctt_~4 TZ-~wStOL5v--'CLs
6. Location of Property: (road and Tax map O 1! ti-r
number) Sc T M I O o d SG - t3 le 1 L 6 -r ~ S N+ tLis p lz t v~
7. Is the parcel within 500 feet of a farm operatipn? { } Yes o
8. Is this parcel actively farmed? { } Yes o
9. Name and addresses of any owner(s) of land within the agricultural district containing active farm
operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is
your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office
(765-1937) or from the Real Property Tax Office located in Riverhead.
NAME and ADDRESS
1.
2.
3.
4.
5.
6.
(Please use the back of this page if there are additional property owners)
Signature of Applicant 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.
•
617.20 ~(ECIEIVEr'
Appendix C /
State Environmental Quality Review APR 1J
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only BOARD OF APPEAL'S
PART I - PROJECT INFORMATION To be completed b A licant or Project Sponsor)
1. APPLICANT/SPONSOR 2. PROJECT NAME
C~ia~rlt~) T-j 1--- Hertz I -aMIL-r '2E51b F-lcE
3. PROJECT LOCATION: ~G 4 b W S'T S d Im b (L t Y La
Municipality ' o u o k- b County r- r- 0 L.
4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map)
Wt=S7 SH or2-G 10 1zItiL>;
1 ~
I3S W=5T c'~- cP1L 'bRtN(c ~tzL'YOoN SHOYLL_SJ
5. PROPOSED ACTION IS:
New anslon Modification/alteration
6. DESCRIBE PROJECT BRIEFLY: V-~) E Iv(c P 7m 5 T 1 r-.l (y 2 S T e IrL--( 1Z ES 1r:) le 1-t e- LS T a
-F0ut-v»4T10" _ T2- L.~3. I. L %7 i L9r/.~--(d 2 e7 IQ rz-1 V-LS Iaav%CL~
w/ u II-I ra -r 7 a C IC:> wra G
7. AMOUNT OF AFFECTED:
Iniflaky acres Ultimately acres
6. WILL PROPOSED ACTION OMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
Yes No If No, describe briefly U I.-A C~ t 1•L.. ~j l Z t3~ L-
G-LC~I-L 1D'F/a'~1-11c2Lb '~L-•'Tfjbc,IGS
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
115J5.1` `esidenflal 0 industrial E] Commercial ? Agriculture ? Park/Forest/Open Space E] Other
Describe: }
H'F'L41--l15ofL..I-lam y~ o~ ~II~tll.h..I-L, ~14--1 LU r'"f~?.~fI C,~i
v_ e_s 1 p IE\-+C ~S
10. DOES ~ ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY
(FE RAL, STATE OR LOCAL)?
~~C}J~`~~es 1:1 No If Yes, list agency(s) name and permittapprovals:
1--r •Y, S 'b ~ C
11. DOES ANY ASPECT -O,F~THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
Yes DCI No If Yes, list agency(s) name and pennlVapprovals:
12. AS A RESULT OF PRO SED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION?
? Yes L-J `o
I CERTIFY THAI THE INFORMATION P VIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsorname: Date: 41 2Z
Signature:
I
If the action is in the Coastal Area, and you are a state aggency, complete the
Coastal Assessment Form before proceeding with tftis assessment
OVER
• • RECEIVED
PART II - IMPACT ASSESSMENT o be completed b Lead Agency)
ii
A. DOES ACTION~(~FfCEED ANY TYPE I THRESHOLD IN 8 NVCRR, PART 817.47 If yea, inordinate the review process and use the FULL FAF.
? Yes IS No
PPEAI_S
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN B NVCRR, PART 617.67 If No, a negative
declaration may be superseded by another involved agency.
Yes No
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED NTH THE FOLLOWNG: (Answers may be handwritten, if legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
f-j G
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
NC)
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
~k o - ~ X % -7T I I-l 4 -T re e L< 5 -j o `'VZ~ z 1•~[ At 1-1
C4. A,WMmuunity's ex afing plans or goals as officially adopted or a change in use or intensity of use of land or other natural reaources? Explain briefly
7V e
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly:
C
C6. Long term, short term, cumulative, or other effects not Identified in C1-C57 Explain briefly:
~a
C7. Other impacts (including changes In use of either quantity or type of energy)? Explain briefly:
c
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- I ,;HERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
Yes J(`Sa'-\No If Yes, explain briefly:
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each
effect should be assessed in connection with Its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) Irreversibility; (e)
geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain
sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed, If question D of Part II was checked
yes, the determination of significance mustevaluate the potential impact of the proposed action on the environmental characteristics of the CEA.
Cher this box if you have Identified one or more potentially large orslgnificard adverse Impacts which MAY occur. Then proceed directlyto ft FUL
EAF and/or prepare a positive declaration.
Check this box if you have determined, based on the information and analysis above and anysuppoding documentation, thatthe proposed action WlL
NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination
Nam o ea Agency Date
PrInt or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Signature o Responsible Officer in a ency Signature o raparer ( reM from responsr o cer)
owl
tRF,CEIVEr
APR 2 5 aj
AGENT/REPRESENTATIVE BOARD OF PPEA~LSJ
TRANSACTIONAL DISCLOSURE FORM ~j/ S O
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose w
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 : i`J/S?` / t r:>
(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's or company's name.)
TYPE OF APPLICATION: (Check all that apply)
Tax grievance Building Permit
Variance Trustee Permit
Change of Zone Coastal Erosion
Approval of Plat Mooring
Other (activity) 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", 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 Pon-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 t 20~~
Signature
Print Name `J rz-V -
Town of Southold RECEIVED
LWRP CONSISTENCY ASSESSMENT FORM APR' 2 5 ?013
BOARD OF APPEALS
A. INSTRUCTIONS
1. 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.
2. 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).
3. If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's
website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all
local libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# g O - I - 4-7,I
The Application hassbbeen submitted to (check appropriate response):
Town Board 9 Planning Dept. 0 Building Dept. Lpo4 Board of Trustees IJ
I . 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: Imo'
Nature and extent of action:
1z E t3,,-3 t L- r-> ~ hl~. AIZ 4 tr o N ~
Location of action: Gi 1~~ H 1Z E {Z l L /
Site acreage: Z & e- M
Present land use: 9::7 H E A M 1 L"( ES 1 b F-! G E RECEIVED
y ,y APR L ~ ?.U1;'~
Present zoning classification: I~ ~ - 4 ~
BOARD OF APPEALS
2. 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
(b) Mailing address: !4S 0 77-4L N E C~ S v I T
z12 r~~1--og
(c) Telephone number: Area Code ( )
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes El Nog 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 X 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 13 No `Not Applicable
Attach additional sheets if necessary
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria RECEIVED/
Q Yes 0 No Not Applicable APR 5 2015
BOARD OF APPEALS
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section I - Policies Pages 8 through 16 for evaluation criteria
Yes 0 No 0 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
0 Yes 13 No u 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 Not Applicable
yt_~CULs~~~
• •
DAVID TURNER ARCHITECT, P.C.
4-22-13
Zoning Board
Town of Southold b 1~
640 West Shore Drive (Reydon EvJED
Zoning Variance Ap25 A f'
BOARD OF APPEALS
BOARD OF APPEALS
To Whom It May Concern
Attached is my application for a zoning variance of setback requirements. Although
three sections are noted in the "Letter of Disapproval" and listed on my application I would
like to point out that the proposed setbacks (as shown on attached drawing L-100.00) are 56
feet from the existing & proposed face of the building to the bulkhead; and 52 feet
from the face of the unattached accessory garage to the street property line (front yard). The
main house has a proposed side yard of 14' and 11' for a total of 25'. The unattached
accessory garage has a 5' setback from the side yard property line.
As I understand the zoning there is really only one non-compliance which is the rear
yard setback at the bulkhead which is existing with no increase in non-compliance proposed.
I have designed the enlargement without disturbing the trees on the site.
Finally as the drawings and photos clearly show all of the neighboring residence have
similar setbacks.
Sin
avid Turner
RA 16162
450 SEVENTH AVENUE, SUITE 1907 • NEW YORK, N.Y. 10123
PHONE: (212) 594-0840 • FAX: (212) 594-1530
RECEIVED
ATTORNEY AT LAW BOARD OF APPEALS
Ste FRONT MUM, P.O. nOX 149
GRFENPORT NEW YORK 11944
Phone (631) 477-1016
Jacob Sebag, Esq.
Sebag Associates
21-50 40 Drive
Long Island City, New York 11101
Attention: Graciela M. Gutierrez
Febnlary 25, 2013
Re: Estate of Robert Kolyer to '!loner
Premises: 640 West Shore Drive, Southold, NY
Enclosed please find the signed Letter of Authorization for David Turner Architect, P.C.
regarding the above.
Thank you.
Lis Farrish
DAVID TURNER ARCHITECT, P.Gcelv,,
ask ~ ?oc
BOARD OFAPPEAIS
FETTER OF AUTHORIZATION
1. William H. Price, Jr., as attorney for the Seller, Peter R. Eolyer, as Executor
of the Estate of Robert John Kolyer, for the sale of the premises known as 640
West Shore Drive. Southold, New York
With offices at
828 Front Street
FO Box 149
Greenport, New York 11944
Tel: (631) 477-1016 Fez (631) 477-0130
Do hereby give David Turner Architect PC authority to prepare and 5k with the appropriate
agencies for all necessary permits for the replacement of the waterfront bu&head and for
the gut renovation of the existing one family residence located at 640 West Shore Drive in
Southold. All permitting fees and expenses to be the responsibt7ity of David Turner who is
in contract for the purchase of the subject property.
Sincerely
William l- Price, Jr.
450 SEVENTH AVENUE, SUITE 1907 • NEW YORK, N.Y. • 10123
PHONE; (212) 594-0040 • PAR: (212) 594-15430
01011
i
TOWN OF SOUTHOLD PROPERTY RECORD CARD
VILLAGE DISTRICT SUB. LOT 7 E II
OWNER STREET t (
EPI cShfeRE 1
~~E'4~t,t~__~-~?~~/_~t~ ACREAGE
FORMER OWNER N E YI D
o Y TYPE OF BUILDING
s !y/ i
Ly t :e W I
Mlsc.
FARM COMM. ~ D. ~ CB.
RES.1iS.O1~ SEAS. VL.
LAND IMP. TOTAL DATE REMARKS
OFAPPEAI.$
U I r
/s-bo X12' , ,
~ ~ yac~ 00 3 r
& 6-0 Z $Zs&r p /4 It' c 5/Lx. ,ho <~,g. •ps 9!0?~
rF/m,a sACt-8/6 ~J,
4+Yf-
AGE BUILDING CONDITION SA ~e~~~ IZ -~3
NEW NORMAL BELOW ABOVE Z. f~r7LJ~rt -Toll E O !I I
Farm Acre Value Per Acre Value
Tillable 1 _
Tillable 2
'+7 •x ~o ~u /z
Tillable 3
Woodland
Swampland
Brushlansi, ,
House Plot
T,a _ 1
k ~ FWED
, i
a F' 4 'I
3OA
EALS
Le
C.
~ipeer/ i
3 n Am
3 it _ I y~
I
I
l
S,OFoundation Sath
M. Bldg. Y 1 ~O Floors ~R
Extension Basement }t[~f $
Ext. Wal{s 111; Interior Finish
Extension
Fire Place Heat
Extension
w,J I Attic
Porch
e. c 9 X Porch Rcoms ] st Floor
)FAI Tq S'e _ = Z 5~ I Rooms 2nd Floor
Patio
Breezeway
Driveway
Garage O
3
O. B. ,Lib h s
3
04/23/2013 14:06 6317659064 ZONINGBDOFAPPEALS PAGE 02/02
FORM NO, 3
TOWN OF SOUTHOLD RE(RIMED
BUILDING DEPARTMENT
SOUTHOLD, N.Y. AP(# NT511013
NOTICE OF DISA"ROVAL 60AftlW0gW LS
DATE: April 16, 2013
TO: David Turner (Kolyer) AMENDED: April 23, 2013
450 Seventh Avenue, Suite 1907
New York, NY 10123
Please take notice that your application dated A aril 1112013
For permit to demolish an ' tin single famil dwellin construct a now sin lc famil dwellin cpcssorv
ag mae at
Location of property: 640 West Shore D 'v Southold NY
County Tax Map No. 1000 - Section 80 Block 1 Lot 47.1
Is returned herewith and disapproved on the following grounds:
The 2= ned construction on this non-conforming 1S20 square foot arcel in the Residential R-4p District is
not permitted ursuant to Article XXU. Section 280-116B, which states:
"All buildings located on lots upon w 'ch a bulkhead, concrete wall ri or similar structure exists
and which are adjacent Io lido] 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 56 feet existi bulkhead.
Furtlrermore the accessory ee is not ermitted ursu nt to Anti a Scct'ion 280-1 S F. whic states
"In the case of a waterfront Parcel accessory buildLngs and structurg my be located in the front Yard,
rovided that such buildin and structures meet the front- rd principal setback uirements as set
forth by this Code, and the side yard setback requirements for accessory buildings in Subsection ]i
above."
Following the pro nosed construction, the accesscry garage will be located, partially in the side ward
This Notice ofAisanproval was amended on April 23 2013 to reflect a more accurate site Plan submitted to
the7.BA and dated .311/13.
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ELIZABETH A. NEVILLE, MMC Town Hall, 53095 Main Road
TOWN CLERK o= P.O. Box 1179
COD Z Southold, New York 11971
REGISTRAR OF VITAL STATISTICS p • Fax (631) 765-6145
MARRIAGE OFFICER 'y O\' Telephone (631) 765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A. Neville
DATED: April 26, 2013
RE: Zoning Appeal No. 6658
Transmitted herewith is Zoning Appeals No. 6658 for David Turner- the Application to the
Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description,
Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form,
Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from David
Turner-Architect, Cover Letter from William H. Price, Jr. and Letter Giving Authorization to
David Turner-Architect to Represent Estate in This Matter, Two Pages of Property Record Card,
Notice of Disapproval from Building Department Amended April 23, 2013, Notice of
Disapproval from Building Department Dated April 16, 2013, Three Pages of Photos of
Property, Two Pages of Aerial Photos of Property, Copy of Survey of Property as it Exists Dated
February 14, 2013 Prepared by Robert H. Fox, Four Pages of Plans Showing Floor Plans,
Elevations & Sections, Location Plan Showing Reconstruction of House & Garage Dated March
1, 2013 Prepared by David Turner-Architect.
***RECEIPT***
Date: 04/26/13 Receipt#: 149188
Quantity Transactions Reference Subtotal
1 ZBA Application Fees 6658 $1,000.00
Total Paid: $1,000.00
Notes:
Payment Type Amount Paid By
CK #5132 & 5137 $1,000.00 Turner, David
Name: Turner, David
450 7th Ave
Suite 1907
New York, NY 10123
Clerk ID: CAROLH Intemal ID: 6658
BOARD MEMBERS O f SOU 0 Southold Town Hall
Leslie Kanes Weisman, Chairperson ~0~~ ry~lG 53095 Main Road • P.O. Box 1179
Southold, NY 11971-0959
Eric Dames * * Office Location:
Gerard P. Goehringer rn 1W Town Annex /First Floor, Capital One Bank
George Homing O • ,a~O 54375 Main Road (at Youngs Avenue)
Ken Schneider I~COO Southold, NY 11971
http://southoldtown.northfork.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, JUNE 6, 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 11971-0959, on THURSDAY. JUNE 6,2013:
1:00 P.M. - DAVID TURNER #6658 - Request for Variances Article XXII Section 280-116 (B)
and Article III, Section 280-15F the Building Inspector's April 29, 2013 Notice of
Disapproval based on an application for building permit to demolish existing single
family dwelling, construct new single family dwelling and accessory garage at; 1)
proposed construction at less than the code required bulkhead setback of 75 feet, 2)
accessory garage proposed in location other than code required rear yard or in the case
of waterfront property may be located in the front yard provided it meets the principal
setback, located at: 640 West Shore Drive (adj. to Southold Bay) Southold, NY.
SCTM#1000-80-1-47.1
The Board of Appeals will hear all persons, or their representatives, desiring to be heard
at each hearing, and/or desiring to submit written statements before the conclusion of
each hearing. Each hearing will not start earlier than designated above. Files are
available for review during regular business hours and prior to the day of the hearing. If
you have questions, please contact our office at (631) 765-1809, or by email:
Vic ki.Toth(&Town.Southold.nV.us
Dated: May 6, 2013 ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIRPERSON
By: Vicki Toth
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959
r •
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME: TURNER, DAVID # 6658
SCTM # : 1000-80-1-47.1
VARIANCE: BULKHEAD SETBACK &
LOCATION
REQUEST: NEW SINGLE FAMILY DWELLING &
ACCESSORY GARAGE
DATE: THURS., JUNE 69 2013 1:00 PM
If you are interested in this project, you may review the file(s) prior to the
hearing during normal business days between 8 AM and 3 PM. ZONING
BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809
ZONING BOARD OF APPEALS
MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building,
P. 0. 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: hLtp://southtown.northfork.net
May 6, 2013
Re: Town Code Chapter 55 -Public Notices for Thursday, June 6, 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 May 20th:
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 arrangements were made in either a written statement or during the
hearing, providing the returned letter to us as soon as possible
AND not later than May 28th: 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 May 29th: 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 applicantlagents 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 June 4, 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
Ends.
TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS
SOUTHOLD, NEW YORK
AFFIDAVIT
OF
In the Matter of the Application of MAILINGS
(Name of Applicants)
SCTM Parcel # 1000- gD - - ~7
COUNTY OF SUFFOLK
STATE OF NEW YORK
I, pis v n - rv 1~ F-t E Cz residing at 34 3 1t! e y T ~Z- 4 T/ New York, being duly sworn, deposes and says that:
On the i 3 day of 1" 20 V$ l personally mailed at the United
States Post Office in .14Mr-S ~Ae n ° 1'h New York, by CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in
Prepaid envelopes addressed to current property owners s wn on the curren sessment
roll verified from the official records on file with the ( 11 Assessor r ( L~Mounty Real
Property Office for every property which abuts and is acro pu 'c or private street,
or vehicular right-of-way of record, surrounding the a scant' roperty.
(Signature)
Sworn to before me this
2063 JUA..'VA.POLANCC)
Nw+n "L.. - Slalr of NF -y ark
Na•, 011'0524260
(No Public) C alificd in Nrw• ~S'0A Count'
ommiaaion $api,ear 5/31/20
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.
r • v/
TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS zR-
SOUTHOLD,NEW YORK
AFFIDAVIT
OF
In the Matter of the Application of POSTING
t ,4-4i =0-.-)NE~L
(Name of Applicants)
Regarding Posting of Sign upon
Applicant's Land Identified as
SCTM Parcel #1000- 8 4-11
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
C40 I
I, ti v tZ ir-t E tZ residing at 3 -3 w L` 7 2 2 47.
oo It
• New York, being duly sworn, depose and say that:
On the Z ro day of 2013, I personally placed the Town's
Official Poster, with the date of hearing and nature of my application noted thereon,
securely upon my property, located ten (10) feet or closer from the street or right-of-
way (driveway entrance) - facing the street or facing each street or right-of-way entrance,*
and that
I hereby confirm that the Poster has remained in place for seven (7) day prior to the
2~
date of the subject hearing date, which hearing date was shown to be V F-4 t_.
(Signature)
S before me this
a 20
` BELKISGARCIA
C Notary Public, State of New York
(Notary Publi / - No.01GA4775716 _
Qualified in Bronx Count -30.2%45--
near Expires -
* near the entrance or driveway entrance of my property, as the area most visible to passerby.
DAVID TURNER ARCHITECT, P.C.
Zoning
Town of Southold, New York r.
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tfiHOkii NY 11,5,
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LEGAL ON IISPS.COM ONABOUr.USPS.COM OTHER USPS SrrES
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I
-WIEWE
#11211
~lnt' MC)ARD Oki APPEALS
J 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
23rd day of May, 2013.
Pri • al Clerk
Sworn to before r-A tt M . FEHIM day of 2013. and UYANIK #66-14 - (adj. from PH 5/2/13)
LEGAL NOTICE Request for Variance
and from BuddinXXII
SOUTHOLDTOWN Section 280--1116 and the Building g In-
In-
ZONING BOARD OF APPEALS spector's February 27, 2013 Notice of
THURSDAY JUNE 6, 2013 Disapproval based on an application
PUBLIC HEARINGS for building permit for additions and ISTINA VOLINSKI
NOTICE IS HEREBY GIVEN, par, alterations to a single-family dwelling' NOTARY PUBLIC-STATE OF NEW YORK
suant to Section 267 of the Town Law and at: less than the code permitted setback
Town Code Chapter 280 (Zoning),Town of 100 feet from the top of bluff, located NO. 01V06105050
of Southold, the following public hear- at: 54875 CR 48 (aka North Road) (adj. 9UOIItIed in Suffolk County
ings will be held by the SOUTHOLD to Long Island Sound) Greenport, NY
TOWN ZONING BOARD OF AP- SCTM#1000-44-1-4 My Commission Expires February 28, 2016
PEALS at the Town Hall, 53095 Main 1020 A M - ipblFC a d c CAN 11A0 A M. RAYMOND and
Road, PO. Box 1179, Southold, New BRO_ WN W - (adj. from PH 52/13) 11.00 A.M. - MARY ANN WOLC- JOYCE VASTOLA #6655 - Request for
York 11971 -0959, on THURSDAY Request for Variances from Article ZOK and JOHN WO C7 K and IAN_ Variance Article XXII Section 280-116
JUNE 6,2013: XXII Code Section 280-116B and Ar- ICE A I IO #66 6 - This is a request (B) and the Building Inspector's April
9:30 A.M. - NICHOLAS and MARY title =11 Code Section 280424 and for a Waiver of Merger under Article IT, 8, 2013 Notice of Disapproval based on
ANTONUCCI #6638 - (adj. from PH the Building Inspector's April 10, 2012, Section 281 to unmerge land iden- an application for building permit to
4/4/13) Request for Variance from A, revised Match 20, 2013 Notice of Disap. tified as SCTM #1000-144.1.12, based construct an accessory in-ground swim.
title XXIII Section 280-124 and the proval based on an application for build- on the Building Inspector's February 51 ming pool, additions and alterations to
Building Inspector's February 21, 2013 ing permit for demolition and recon- 2013, Notice of Disapproval, which states an existing single family dwelling at; 1)
Notice of Disapproval based on an ap- struction and additions/alterations to an adjoining conforming or nonconforming less than the code required bulkhead
poccation for building permit for addi- existing seasonal cottage at; l) bulkhead lots held in common ownership 811311 setback of 75 feet, located at: 2795 Wells
tions and alterations to existing single setback of less than the code required 75 merge until the total lot size conforms (adj. to Jockey Meek) Southold,
family dwelling: 1) less than the code feet, 2) less than the code required mini- Avenue
to the current bulk schedule (minimum Avenue adj
required minimum front yard setback mum side yard setback of 10 feet, 3) less to the square feet in this Rmi coon . to Asa10110-ckey 5.1
- n4VrD TI .1 #6658 - 40,000
40
Rear. 1
JRNER (c 35 feet, located oad Shipyard Lane than the total combined side yards of 25 dentist Zone District) this lot is merged Request for Variances Article XXII Sec-
(corner Landon Road) Southold, NY. feet, 4) mo than the maximum code with lot 1000.1441-13, located at: 1830 tion 280-116 (B) and Article HI, Section
SCI'M#1000-64-4-20 permitted lot lot coverage of 20%, located and 1880 Sigsbee Road Mattituck, NY. 280-1SF the Building Inspector's April
9:45 A.M. - ARTHUR F s&M at: 170 Oak Street (adj. to Eugene's SCIM#'x1000.1441-12&13 29, 2013 Notice of Disapproval based
and NAN MOLOPSKY #6653 - Request Creek) Cutchogue, NY SCTM#1000- t 1;20 A.M- -TIMOTHY McA:ANI IS on an application for building permit to
for Variances from Article =1 Section 136.1-53.3 #6657 -Request fox Variances from Ar- demolish existing single family dwelling,
280-116 (B) and Article IV, Section 280- 1045 A.M. - IF u INDISC title XXII Sermon 280-116 (B) and Ar- construct new single family dwelling and
18 and the Building Inspector's April 3, # - Request for Variances Article title III, Section 280.15 and the Build- accessory garage at; 1) proposed con.
2013 Notice of Disapproval based on an XXU Section 280.116 (B) and Article a
ing Inspector's March 21, 2013. Nonce accesso at leas than the code required
application for building permit for single III, tar's s April Section
,2013 Ntheotice Building Disapproval Iproval of Disapproval based on an application bulkhead setback of 75 feet, 2) accessory
famil and alterations to an than the existing single for building permit for demolition and garage proposed in location other than
family dwelling a se less s than code based on a2 am application for building re-construction of a cabar dshower and
required bulkhead d setback of 75 feet, 2) permit for in-ground swimming pool decking, at; l) less than the code required code required rear yard or in the case of
less than the code required rear yard set- Rod "as built" shed at; 1) proposed in. bulkhead setback of 75 feet, 2) less than waterfront property may be located in
back of 50 feet, located at: 530 Bayberry ground swimming pool at less than the the code required 10 foot setback for the front yard provided it meets the prin-
Road (adj. to Wunneweta Pond) Cu- code required bulkhead setback of 75 accessory structures, 3) the proposed cipal setback, located at 640 West Shore
tchogue, NY. SCTM#1000-111-14.36.8 feet, 2) "as built" shed at less than the cabana is not a permitted accessory use, Drive (adj. to Southold Bay) Southold,
code required bulkhead setback of 75 located at: 7725 Nassau Point Road (adj. NY. SCTM#1000460-147.1
feet, 3) "as built" shed" at less than the to Little Peconic Bay) Cutchogue, NY. 1'20 P.M. - FORK & ANCHOR r r
code required front yard setback of 50 SLIM#1000-118-45 (TRA FY BYR C) #6659 - This is
feet on waterfront property, located at: a request under Section 280-146D for
1440 Kimberly Lane (adj. to Southold an Interpretation of the Town Code,
Bay) (North Bayview Road) Southold, Article XXIII, Section 280-121, "Non.
NY. SCrM#1000-70.13-20.10 Conforming uses", appealing the Build-
ing Impeetor's March 14, 2013 Notice
of Disapproval for a permit to convert
an accessory bam into food preparation
for existing retail store, located at: 8955
Route 25 (aka Main Road) East Marion,
NY. SCTM#1000-31-3-16
The Board of Appeals will hear all
persons or their representatives, desir.
ing to be heard at each hearing, and/or
desiring to submit written statements
before the conclusion of each hearing.
Each hearing will not start earlier than
designated above. Files are available for
review during regular business hours
and prior to the day of the hearing. If
you have questions, please contact our
office at, (631) 765-1809, or by email:
Vcki-T0th@TbW1LSomh0Id.ny.us.
Dated: May 6, 2013
ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIR.
PERSON
BY Vicki Toth
54375 Main Road (Office Location)
53095 Main Road (Mailibg/USPS)
80. Box 1179
Office Location: QF S0!/Tyolo Mailing Address:
Town Annex /First Floor, Capital One Bank * * 53095 Main Road
54375 Main Road (at Youngs Avenue) CA tkr P.O. Box 1179
Southold, NY 11971 ell • ~O Southold, NY 11971-0959
o~~COUM'1,~~
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
April 25, 2013
Mark Terry, Principal Planner
LWRP Coordinator
Planning Board Office APR 2 9 2013
Town of Southold t
Town Hall Annex
Southold, NY 11971 -
Re: ZBA File Ref. No. #6658 TURNER, David 1000-80-1-47.1
Dear Mark:
We have received an application for demolition and construction of a single family
dwelling, bulkhead setback and accessory garage, location. 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 268-513 is requested within 30 days of receipt of this
letter.
Thank you.
Very truly yours,
Lesli Weis
Ch
By: son
~5.
r •
Office Location: hO~~OF sooTyolo Mailinc Address:
Town Annex /First Floor, Capital One Bank 53095 Main Road
54375 Main Road (at Youngs Avenue) * # P.O. Box 1179
Southold, NY 11971 G~ Southold, NY 11971-0959
i
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
April 25, 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 # 6658 Owner/Applicant : TURNER, David
Action Requested: Demolish and construct new single family dwelling, bulkhead setback
and accessory garage, location.
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,
Leslie . Weism
ZBA h rperso
By:
Encls.
Surrey of Lots W,~ E
6, 7 and part of lot 8
Map of Reydon Shores, Inc. S S
Map # 631 Filed July 2, 1931 0
SCT# 1000-80-1-47.1
Town: Southold / ry 0/
Suffolk County, NY 6z p .6F
Datum: NAVU88 sr~
Surveyed: 02-14-13 / bTp BC?y
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ENTITLED "MAP OF REYDON 5HORE5, INC., BAYVIEW, L.I., N.Y., IN CAD FILE NO: 1 OF2
THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, N.Y." A5 MAP 651
FINISHED 6RADE~ ~LOCKIN6 GA5TIN6 TO GRADE
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DAVID TURNER ARCHITECT, P.C.
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PROJECT
640 WEST SHORE DRIVE
BACK FILL SOUTHOLD, N.Y.
BE GLEAN AND AND TOMIN. IN. i
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SEAL AND SIGNATURE DATE:
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4
BOARD OF APPEALS
\ . ~ : _ I' )
WEST SHORE DRIVE
'~.ns~
DAVID TURNER ARCHITECT, P.C.
450 SEVENTH AVENUE, SUITE 1907, NEW YORK, N.Y. 10123
EXISTINO 517E FLAN (212) 594-0840 FAX (212) 594-1530
SGALE 1116" = I'-O"
PROJECT
640 WEST SHORE DRIVE
SOUTHOLD, N.Y.
SHEET
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SEAL AND SIGNATURE DATE: 04-29-13
PROJECT No
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momi
BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman, Chairperson ~~OF SO53095 Main Road • P.O. Box 1179
Eric Dantes l0 Southold, NY 11971-0959
1~I Office Location:
Gerard P. Goehringer Town Annex /First Floor, Capital One Bank
George Homing ~O 54375 Main Road (at Youngs Avenue)
Ken Schneider lYMUM Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 • Fax (631) 765-9064
June 21, 2013
David Turner
450 7`h Avenue Suite 1907
New York, NY 10123
RE: ZBA Application #6658
Dear Mr. Turner:
Transmitted for your records is a copy of the Board's June 20, 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,
V
Vicki Toth
Encl.
Cc: Building Dept.
5g \ SOUTHO<O
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