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HomeMy WebLinkAbout1000-136.-1-53.3 l~ OFFICE LOCATION: ~~OF SO(/)yO MAILING ADDRESS: Town Hall Annex ,`O ~ P.O. Box 1179 54375 State Route 25 ~ i, Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) ti ~ Telephone: 631 765-1938 Southold, NY 11971 ~ ~ ~p~ Fax: 631 765-3136 ~~y~OUNC(,N~ LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: April 29, 2013 Re: Coastal Consistency Review for ZBA File Ref. JAMES and SUSAN BROWN #6652 SCTM# 1000-136-1-53.3 A site inspection was conducted on April 29, 2013. Request for Variances from Article XXII Code Section 280-1166 and Article XXIII Code Section 280- 124 and the Building Inspector's April 10, 2012, revised March 20, 2013 Notice of Disapproval based on an application for building permit for demolition and reconstruction and additionslalterations to an existing seasonal cottage at; 1) bulkhead setback of less than the code required 75 feet, 2) less than the code required minimum side yard setback of 10 feet, 3) less than the total combined side yards of 25 feet, 4) more than the maximum code permitted lot coverage of 20%, located at: 170 Oak Street (adj. to Eugene's Creek) Cutchogue, NY. SCTM#1000-136-1-53.3 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment. Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted fallowing Policy Standards and therefore is INCONSISTENT with the LWRP. Policy Standards 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. The proposed structure does not "enhance community character" of the neighborhood. The existing community is comprised of small "cottage like" residential dwellings. The proposed structure is incompatible in scale with existing dwellings in the surrounding area. Further, the size of the lot does not support the proposed size of the structure (e.g. 25.1 % lot coverage, 4.9' proposed side yard setback). It is recommended that the Board clarify the location of the southern property boundary. I did not see a property marker for the southern boundary in the field. Further, it is recommended that the Board clarify the intent and use of the proposed easement to the south of the property line. 4.1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. 1. Avoid development other than water-dependent uses in coastal hazard areas. Locate new development which is not water-dependent as far away from coastal hazard areas as practical. The proposed new residential structure will be located entirely within the FEMA flood zone X. However, the two proposed drywells are located within the FEMA flood zones X and AE el 7'. In the event that the action is approved, it is recommended that the Board require that the drywells be relocated outside of the FEMA AE el 7' flood zone. 6.3 Protect and restore tidal and freshwater wetlands. E. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: 1. Maintain buffers to achieve a high filtration efficiency of surface runoff. 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. Site inspection indicated that rogusa rose (rosa rogusa) is located landward of the wetland line in the area identified proposed as a non-turf buffer on Sheet S-1 of the plans dated March 15, 2013. In the event that the action is approved, to further the above policy, it is recommended that the buffer be established as anon-disturbance buffer to the retaining wall to preserve the vegetation. It is also recommended that the board require that the existing tree just northeast of the retaining wall be preserved. 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 fee: $ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 170 Street Oak Street Hamlet Cutchogue SCTM 1000 Section 136 Block 1 Lot(s) 53.3 Lot Size~a 9,614 sa.ft. (Buildable 6,739 sq.ft.) Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED March 20.2013 BASED ON MAP (Prepared by Mark Schwartz, Architect 1 dated March 15, 2013 and survey prepared by Peconic Surveyors showing existing structures Applicant(s)/Owner(s): Denise & Jay Brown Mailing Address: 22 Sherwood Lane, Stormville NY 12582 Telephone: c/o Pat Moore 765-4330 Fax 765-4663 Email: pcmoorena mooreattys.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for (X) Owner, or ( )Other: _ Agents Address: 51020 Main Road. Southold NY 11971 Telephone 765-4330 Fax 765-4643 Email:~cmoorena,maoreattys.com Please check to specify who you wish correspondence to be mailed to, from the above names: ? Applicant/Owner(s), or n Authorized Representative, or ? Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 3/15/13 and DENIED AN APPLICATION DATED Aori16, 2013 FOR: Building Permit ? Certificate of Occupancy ?Pre-Certificate of Occupancy ? Change of Use ? Permit for As-Built Construction DOther: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) 1. Article XXII Section 280-116 (B) setback from bulkhead/sea wall 25.8' 2. Closest Side Yard 4.9' and both yards 9.9' 3. Lot Coverage 25.1°/n Type of Appeal. An Appeal is made for: 8 A Variance to the Zoning Code or Zoning Map. ? A Variance due to lack of access required by New York Town Law-Section 280-A. ? Interpretation of the Town Code, Article Section ? Reversal or Other A prior appeal , X has been made at anv time with respect to this orouerty. as Appeal #4983 dated 8/16/2001 1000-136-1-53 (and 52 of J. Brown) UNDER_(Please be sure to research before completing this question or call our ofJlce jor assistance.) Name of Owner: Denise & Jay Brown ZBA File # REASONS FOR APPEAL (additiona/sheets maybe used with nrenarer's denature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: This is lot number 8 in the subdivision known as Map of Eugene Heights filed on October 29, 1928 as file number 856. This and surrounding homes pre-date zoning. The house needs to be renovated but the amount of work required makes the renovation impractical. The existing setbacks to the sea wall are 13.9 feet and to the edge of wetlands 44.6 feet. The existing house will be demolished and a new house constructed which is more conforming to the zoning setbacks. The new house will be centered on the property and provide for a northerly side yard that is increased from .6 inches to 5 feet. The southerly setback is 4.9 plus 12.5 easement with open area between the two properties being maintained. The plan is prepared by Mark Schwartz, Architect. in keeping with the character of the neighborhood. The Zoning Board approved the lot line change (with area variances for the post lot line change lots) and determined that the Brown property would be increased in size from 9,972 sq.ft. to 11,529 sa.ft; the proposed size of the house is 1,680 sq.ft, the lot coverage using the Zoning Board's approved lot is 14.57 If only the buildable land is used then the lot, as approved by the ZBA in 2001, is 6,739 sq.ft. It is not clear if Appeal #4983 dated 8/16/2001 also received an area variance prior to the lot line change. If the Brown lot received an area variance then the reduction of the lot size as "buildable area" may not be applicable. Nevertheless, the adjacent easement provides an additional 10 feet along the house. The proposed house is slightly larger and meeting the NYS building codes, the proposed lot coverage is 25.1% The house remains small and in conformity with the neighborhood. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: the lot is pre-existing nonconforming. In 2001 a lot line change was granted with area variances(#4983dated8/16/2001)toincreasethesideyardsetbacks. The two parties to the original lot line change (Monk & Brown) were prepared to pursue a second lot line change in order to increase the side yards between the two properties again. However, the cosy process, and purposes of a lot line change can be achieved with an easement. The Browns and their neighbor are prepared to exchange an easement which will keep the side yard between the two properties "open and unobstructed" for emereencv vehicles and other lawful purposes The side yard of the Brown's house and the easement area on the neighbor's property leaves more than 15 feet of unobstructed passage. The lot is only 50 feet along the street and 58 feet along the water, therefore building a residence with comfortable livable space is a challenge and requires variances. (3) The amount of relief requested is not substantial because: The property is narrow and located on Eugene's Creek The concrete sea wall is a retaining wall, the setbacks to the edge of the wetlands adds another 53.4 feet on the north and 30.7 feet on the south. The property line on the filed map runs along the Mean High Water Mark of Eugene's Creek and extends almost to the seaward end of the dock. The Brown's property extends out into Eugene's Creek significantly further than his neighbors. The new dwelling will be pushed back 17 feet to the covered porch, in line with neighboring homes. The new home can not be moved back any further because the sanitary system is located in the front yard and takes up most of the front yard. A prior appeal , X has been made at any time with resaect to this property, as Appeal #4983 dated 8/16/2001 1000.136-1-53 (and 52 of J. Brown) UNDER_(Please be sure to research before completing this question or call our office for assistance.) Name of Ownee Denise & Jay Brown ZBA File # REASONS FOR APPEAL (additional sheets may be used with areaarer's sirnature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: This is lot number 8 in the subdivision known as Map of Eugene Heights tiled on October 29, 1928 as file number 856. This and surrounding homes pre-date zoning. The house needs to be renovated but the amount of work required makes the renovation impractical. The existing setbacks to the sea wall are 13.9 feet and to the edge of wetlands 44.6 feet. The existing house will be demolished and a new house constructed which is more conforming to the zoning setbacks. The new house will be centered on the property and provide for a northerly side yard that is increased from .6 inches to 5 feet. The southerly setback is 4.9 plus 12.5 easement with open area between the two properties being maintained. The plan is prepared by Mark Schwartz, Architect. in keeping with the character of the neighborhood. The Zoning Board approved the lot line change (with area variances for the post lot line change lots) and determined that the Brown property would be increased in size from 9,972 sq.ft. to 11.529 sa.ft; the proposed size of the house is 1,680 sq.ft, the lot coverage using the Zoning Board's approved lot is 14.57 If only the buildable land is used then the lot, as approved by the ZBA in 2001, is 6,739 sq.ft. It is not clear if Appeal #4983 dated 8/16/2001 also received an area variance prior to the lot line change. If the Brown lot received an area variance then the reduction of the lot size as "buildable area" may not be applicable. Nevertheless, the adjacent easement provides an additional 10 feet along the house. The proposed house is slightly larger and meeting the NYS building codes, the proposed lot coverage is 25.1% The house remains small and in conformity with the neighborhood. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: the lot is pre-existing nonconforming. In 2001 a lot line change was granted with area variances (#4983 dated 8/16/2001) to increase the side yard setbacks. The two parties to the original lot line change (Monk & Brown) were prepared to pursue a second lot line change in order to increase the side yards between the two properties again. However, the cost, process, and purposes of a lot line change can be achieved with an easement. The Browns and their neighbor are prepared to exchange an easement which will keep the side yard between the two properties "open and unobstructed" for emeraencv vehicles and other lawful purposes The side yard of the Brown's house and the easement area on the neighbor's property leaves more than 15 feet of unobstructed passage. The lot is only 50 feet along the street and 58 feet along the water, therefore building a residence with comfortable livable space is a challenge and requires variances. (3) The amount of relief requested is not substantial because: The property is narrow and located on Eugene's Creek. The concrete sea wall is a retaining wall, the setbacks to the edge of the wetlands adds another 53.4 feet on the north and 30.7 feet on the south. The property line on the filed map runs along the Mean High Water Mark of Eugene's Creek and extends almost to the seaward end of the dock. The Brown's property extends out into Eugene's Creek significantly further than his neighbors. The new dwelling will be pushed back 17 feet to the covered porch, in line with neighboring homes. The new home can not be moved back any further because the sanitary system is located in the front yard and takes up most of the front yard. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The property was previously developed, public water is in the street. The proposed new house is being made more conforming to the required setbacks. The sanitary system is also conforming to the current standards and located in the front yard. The property is protected from Bonding or erosion by the sea wall and the elevation. The extensive land area (marsh) along Eugene's Creek protects both the environment and the home. The proposed new house is set back away from the wetlands. (5) Has the alleged difficulty been self-created? ()Yes, or (X)No The existing home ispre-existing nonconforming as to set backs. The lot is reduced iu size by almost''/: when "buildable area" is considered for the setbacks. The Zoning Board approved an area variance for the lot, increasing the size of the parcel by the neighbor's lot line change. If the lot size remains as approved by the zoning board and planning board, the lot coverage of the property would be conforming. The easement between the neighbors will keep the side yards clear of structures beneTitting both property owners. Covenants and Restrictions concerning this land: X No Yes (pleasejurnlsh copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box O /FA USE VAR/ANCE IS BE/NG REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET.• (Please be sure to consult your attorney.) c_'; ~~SigaatGre of Appellant or Authorized Agent ~ (Agent must submit written Authorization from Owner) Sworn t efore me this ~ day ot~ ~ ~ 20~_~ BETSY A. PERKINS Notary Publlc, State of New Ywlc No.O1PE6130638 Qualified in Suffolk Cou Commission Expires July 18, ~~I APPEALS B(i~ARD MEMBERS VffO( O~$ ~'CO Southold Town Hall Gerard P. Goehringer, Chairman ti~ y 53095 Main Road James Dinizio, Jr. ~ ~ P.O. Box 1179 Lydia A. Tortora W ,Z Southold, New York 11971-0959 Lora S. Collins Gy ~ 0!~ TeIBeAhone(631 7651809 George Horning '~O,(~ .t`t;, P ( ) BOARD OF APPEALS TOWN OF SOU"THOLD FINDINGS, DELIBERATIONS AND DECISION MEETING OF AUGUST l6, 2001 Appl. No. 4983 - JOYCE G. MONK 1000-136-1-53 (and 52 of J. Brown) Location of Property: 130 Oak SL, Cutchogue Date of Public Hearing: August 16, 2001 FINDINGS OF FACT PROPERTY FACTS: ApplicanCs property is a lot of 15,273 sq, ft, with frontage of 49.55 feet on Oak Street in Cutchogue and depth of 230 feet (North) and 166 feet (South) to Eugene's Creek. It is improved with a I - I /2 story frame house. BASiS OF APPEAL: Building Inspector's Notice of Disapproval, dated May 2, 2001, denying a request to move the northerly lot line 7.45 feet to the south because the resulting lot, at 13,716 sq. ft., is less than the 40,000 sq. ft. required in the R-40 zone. AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance authorizing the reduction of her lot by 1557 sq. ft, by sale of a strip 7.45 feet wide along the northern boundary to her neighbor, James Brown (SCTM 1000-136-11-52). REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection. the Board makes the following findings: 1. Lots in this neighborhood are small and the houses, which predate zoning, are close together. The lot of applicant's northerly neighbor, lames Brown, is so narrow that his house lies virtually on his northerly and southerly lot lines. He cannot go from his front to his rear yard without passing over applicant's property. 2.Applicant proposes to sell a 7.45-foot strip [o Mr. Brown, giving him a southerly side yard of eight feet. His lot will increase from 9972 to 11,529 sq. ft. 3. The proposed lot line change will have no effect on the appearance of the properties and will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. 4. There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. 5. The action act forth below is the minimum necessary to enable applicant to arrange a reasonable lot line with her neighbor, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Collins, seconded by Chairman Goehringer, it was Pege 2 -August 16, 2001 ZBA Appl. No. 4983 - J. MONK Re: 1000.136-1-53 (and 52) at Cutchogue RESOLVED, to GRANT the variance applied for. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features az are expressly addressed in this action. VOTE OF THE BOARD: AYES: Members Goehringer (Chairman), Dinizio, Collins and Horning. (Member Tortora was absent.) This Resolution waz d y adopted~(y4/-0~). K~~ Approved for Filing RECEIVED AND FILED BY i THE SOUTiiOLD TOWN CLERK RATE HOUR /a:~a P,~ i I-~~ Town Clezk, Town of Southold APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Denise & Jay Brown_ Date Prepazed:March 22.2013 I. For Demolition of Existing Building Areas Please describe azeas being removed: house II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension-new dwelline Dimensions of new second floor- Dimensions of floor above second level :none Height (from finished ground to top of ridge): 31' 8 1/2 Is basement or lowest floor azea being constructed- If yes, please provide height (above ground) @ 1-6" (will comply with flood requirements) measured from natural existing grade to first floor: 10' elevations and floor plans arovided III. Proposed Construction Description (Alterations or Structural Changes ) (attach extra sheet ifnecessary) - Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building azeas and lot coverage (from surveyor): Proposed construction 1,687 sq.ft. Proposed increase of building coverage: Square footage of your lot: 11,529 SF (ZBA azea variance from 2001); buildable area 6,739sq.ft. Percentage of coverage of your lot by building azea: 25.1 V. Purpose of New Construction Requested: existing house is nonconforming new house will be centered on property, more conforming and conform to current codes & energy standards. The family needs safe living space VI. Please describe the land contours (flat, slope etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): sea wall retaining wall and large marsh area reduces the "buildable area" of a small ore-existing nonconforming lot The house can not be reconstructed without variances. Please submit seven (7) photos, labeled to show all yazd areas of proposed construction (after staking corners for new construction), or photos of existing building azea to be altered with yazd view. 7/2002; 2/2005; 1/2007 i' QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION OWNER:Denise & Jay Brown SCT M: 1000-136-OS -53.3 A. Is the subject premises listed on the real estate market for sale? ? Yes ~ No B. Are there any proposals to change or alter land contours? c No ? Yes, please explain on attached sheet. C. l) Are there areas that contain sand or wetland grasses?_~_ 2) Are these areas shown on the map submitted with this application? yes 3) Is the property bulkheaded between the wetlands area and the upland building area? yes sea wall 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with [he Trustees: once ZBA variance is issued and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? no I f y e s , please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? _no If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel ore-existine nonconforming single family dwelling (to be demolished) and proposed use new single family dwelling with attached one car garage ~ exam~hs:~-eKist~ing-singVe-family; proposed: same with garage or pool, or other description.) 'Pout zed Signal/ tore and Date 2/05; 1)07 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTIIOLD WHEN TO USE THIS FORM.• The form must be completed by the applicant for any spec#al use permft; site plan approval, use variance, or subditdsion approval on property within un agricultural district OR wfthim 300 feet of a farm operation located in agrlctsltural district:. Alb applications requiring an agricultural data statement must be referred to theBuffolk County Department of Planning is accordance with Sections 239- ~ m and 239-n of the General Municipa~'Law. 1) Name of Applicant:/~.-\ Q \ C t F1 ( ~ 2) Address of Applicant. ~ l~G q t ~ 6Z~ ~ 5(~`a'~'tt?1cj ~ 3) Name of Land Owner (if otfier than applicant) ~ A}-tt~ d ~ 1r I sr ~cj,~ f.~' g) Address of Land Owner[ ~ s - e w~: l flY.}t= S'i v r ~ ~ 5) Description of\roposed Project: Q/1~ ~1 i -h ~ ,1 ~ p c ~nS-Ku c~l~ p S~-~~ V e im_T 'I; zl\lnd w Ake"o~4~od r7k~ ~ ~ c, b) I:oca ' of Property (road and tax map numbe l `1~" OAk 5~ L l:l'CI'cof~ctc Ste'.{pt"~- I~(t -1- 5~, 3 7) Is the parcel within an agricultural district~No C~Yes if yes, Agricultural: District NumTier 8} Is this parcel actively farmed?~No Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through a `the Town Assessors Office, Town Hall. location (765-]437) or from any publiq_computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System: p Name and Address _ 3 L 2' 4: r 5. 6. r (Please use back side of page if more [hart sixpraperty owners are identified.) i? TYie lot nrtmbers may be obtained; in advance, when. requested from either the Office of the Planning Board at 765-1438 or the Zoning and of Appeals at 745-1809. ~ I~' gnature of Applicant Date Note: I. The local board will solicit comments from the owners of landidentified above ih order to consider the effect bf the proposed-action on their farm operation.Solicitationwill bemsde by supplying a copyofihis statement. ~ 2: Comments returned to the local hoard will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk ofthe board to [tie properly owners identified above. The cost for mailing shall be paid by theapplicant at the time the application is submitted for review. Failure to pay at such time meansthe application is not complete and cannot be acted upon-by the board. - -14-09 817.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Onty PART I - PROJECT INFORMATION To be com leted b A Iicant or Pro'ect S onsor APPLICANT/SPONSOR 2. PROJECT NAME -c~\~1A C Mo~c' Q(ZDw1J 3. PROJECT LOCATION: L,{'t i kip C.~ Municipality ~ County S ~ ' 4. PRECISE LOCATION (S1ree1 address and road Intersections, prominent landmarks, etc., or provide map) 5. PROPOSED ACTION IS: New ~ Expansion ~ ModificafioNafleratlon 6. DESCRIBE PROJECT BRIEFLY: C~QMq~'1~~ cl ('C~lha-itucki~-. f~ 5h~i~ v-r;~w C~,a,e((_,+~~ w~a~, aLi~ched ~,e eC~r c~ara~¢_ U 7. AMOUNT OF LAND AFFECTED: Initially T~ acres Ultimately • S aces 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE $ESTR/~IC,T~i~'K f za1J Yes ®No If No, describe briefly Ls2~R.M-Cr .iLZ4'(J i/Y ~ecC.X /VO/j(O ~IFZ' SC~fGXI~=K"S 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential ~ Industrial ~ Commercial ~ Agriculture ~ Park/FOresVOpen Space ~ Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? ® Yes ~ No If Yes, list agency(s) name and permiVapprovals: ~ ~ ('v~~-t o 15. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ®No If Yes, list agency(s) name and penniVapprovals: 52. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes No I CER];IEY TNATFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDG ApplicanUSponso>rJt~me: q j-'~ L Date: - o~~"t3 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II - IMPACT ASSESSMENT o be cfxn leted b Lead A en A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 8 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. Yes ~ No 8. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 8 NYCRR, PART 617.8? It No, a negative dedaration may be superseded by another involvetl agency. Yes ~ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surtace or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste protludion or disposal, poten8al for erosion, drainage or flooding problems? Explain bdefly: C2. Aesthetic, agricultural, archaeological, hislodc, or omer nature) or cultural resources; a community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered spades? Explain bdefly: C4. A communky's existing plans or goals as otfidally adopted, or a change in use or Intensity or use of land or other natural resources? Explain briefly. ' C5. Growth, subsequent development, or related acdvides likely to be induced by the proposed salon? Explain bdefly: C8. Long term, short tens, cumulative, or other effects not identified in C1-C5? Explain briefly: C7. Other impads (indutling changes in use of either quantity or type of energy)? Explain bdefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? Yes ~ No 1f Yes, explain bdefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes ~ No If Yes, exptaln 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) ineversibility; (e) geographic scope: and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that ali relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur Then proceetl directly tolhe FUL EAF andlor prepare a positive dedaration. Check this boxif yvu have determined, based on the information antl anatysis above and any supporting documentation. ihatihe proposed actionWlL NOT result in any significant adverse environmental impads AND provide, on attadrments as necessary, the reasons supporting this Oetenninaaon Name o Lead Agency Date riot or ype ame o Response le cer in Lead Agency Title o esponsible O car Signature o ResponsWle O cer m Lea 9ency ignature of parer ( di Brent rom responsible officer) JAMES & SUSAN BROWN 22 Sherwood Lane Stormville NJ 125 March 25, 2013 Patricia C. Moore 51020 Main Road Southold NY 11971 Dear Ms. Moore: We, as owners of property known as 170 Oak Street, Cutchogue, New York, (sctm: 1000- 136-1-53.3) we hereby authorize you to act as our agent regarding any and all applications with the Town of Southold Zoning Boazd of Appeals and any other agencies. Very truly yours, ~Z° James Brown~j Susan Brown APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees The purpose of this form is to provide information which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: BROWN. JAMES & SUSAN AND MOORE, PATR[C[A (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception if "Other", nan~e the activity: Change of Zane Approval of Plat Exemption from Plat or Official Map Other Trustees Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO_X Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that xelationahip between yourself (the applicanC) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town of&cer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in anon-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 ~fr~-r-~~-~ Signature ~J~G~_ Susan / Patricia C. Moore LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I. 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# 1000-70-04-11 OWNER:Denise & Jay Brown AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board _ Planning Dept._ Building Dept. Boazd of Trustees _ Zoning Board of Appeals X 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: X Variance Nature and extent of action: demolish existing house and construct more conformine house Location of action: 170 Oak Street. Cutchoeue Site acreage: 11 529 soft (Buildable area 6 739 sa.ftl Present land use: sinele family dwellin¢ Present zoning classification: rr=40 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: Denise & Say Brown (b) Mailing Address: 22 Sherwood Lane, Stormville NY 12582 (c) Telephone number: Area Code (631) 765-4330 (Pat Moore) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal agency: DEVELOPED COAST POLICY Policy I. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III -Policies; Page 2 for evaluation criteria. X Yes No Not Applicable the house and uroperty is preexisting_nonconforming The proposed house will be moved back from the sea wall & wetlands The proposed house is set back in line with the neighborhood. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III -Policies Pages 3 through 6 for evaluation criteria Yes No X Not Applicable land is not identified as area of Archeological Sensitivity or on the National Resister on Map produced by NYS Deft Of State Division of Coastal Resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III -Policies Pages 6 through 7 for evaluation criteria X Yes No Not Applicable The proposed house will be in keeoine with the surrounding homes. Drainaee will be provided which prevents non-point source pollution arevents flooding and erosion NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III -Policies Pages 8 through 16 for evaluation criteria X Yes No Not Applicable No effect on floodine or erosion. Extensive marsh and sea wall protects u la and property from floodine and erosion Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria _Yes No X Not Applicable all construction will conform to regulatory standards An undated sanitary system is located in the front yard and realaced the old nonconforming svstem Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. X Yes No Not Applicable new house will not adverse imaact ecosystem Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III -Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable Air quality will not be affected by residential use Standard building codes comaliance prohibit degradation of air quality or emissions Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III -Policies; Pages 34 through 38 for evaluation criteria. X Yes No Not Applicable Solid waste is controlled through town-wide recycling no hazardous substances proposed at site. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III -Policies; Pages 38 through 46 for evaluation criteria. _Yes XNo Not Applicable The parcel is private ownership WORHING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III -Policies; Pages 47 through 56 for evaluation criteria. Yes No X Not Applicable Residential use of property in establish property and neighborhood will not adversely impact coastline. Policy 11. Promote sustainable use of living mazine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III -Policies; Pages 57 through 62 for evaluation criteria. _Yes No X Not Applicable ,property is protected from encroachment into wetlands by existing sea wall Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III -Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not developed for agriculture . Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III -Policies; Pages 65 through 68 for evaluation criteria. Yes No X Not Applicable Single family residential home is deemed by the Town of Southold as an appropriate permitted use with no significant drain on existing energy and mineral resources *copy of Town form created on 5/25/05 i ~ r , , - , i ~ ' + ~ ~ -1 I ~ y i ~ I I ~ a _ I i i , ~ I ~ i 1 ~ 3 i ~h ~ i i t 1 ~ g Foundation _ { M, Bldg. ~ 7 17 s l ,F ,i Floors i~ ~ L S S ~1 basement - - !Extension X i ~ --t~---- kb ~ i I ~~'3 6ct. Wa11s ~ ~Irterior Flrtish _ i I )nsion F-- _ Fire Wove ~ ~~~Heot ~ Extersion ~ S I Porch - Roof Type ~ ~ ~ Parch Rooms lst Floor Patio Rooms 2nd Floor' ~p >/„Q~ - - Breezeway ~ Driveway Dormer _ o. B. _ Yb ~ . TOWN OP SOUTHOLD PROPERTY RECQitD CARD <i oao. /3~./~.3~ M-/S~ OWNER STREET 3~ VILLAGE DISTRICT SUB. L07~f / °~~/=6 1 ~ c u d L~/-PG~ v~ ~/o cue v .f /`fe FORMER OWNER N E ACREAGE ,y~,z L' I'' / 5 W TYPE OF BUILDING ~ 1 JJi .L. ~+J C-fl u l7~'Z. 7.1d~-~ ~ ! RE ~Q. SEAS. VL FARM. COMM. IND. CB. /rMlISC. Est. Mkt: Value LAND IMP. TOTAL DATE REMARKS ` ~ ~3 (1Q~ ~~~3d n TW, d S/dliiGr- e1- f7 am[/ 6 Q ~QL .I~e !o~ / d W. rd J'I ~ % ~%r, ea ~ ea~ :©C/ Z7~av 3 as .C'~ T29 fl,3,2 aoo, .fc.fd/ra~e~ To acGrF, - AGE ~ BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON WATER t 3 J ~ farm Acra Value Per Acre Value FRONTAGE ON ROAD ~^j 1, alloble 1 BULKHE4D Tillable 2 pOCK Tillable 3 (Cr ~ Woodland Swampland Brushland House Plot Total - h l ~ F~ ~ ~ ~ ~ ~a ~ ~s .s, `3~ ~ ~ ~ ° . ~ ~ 3 ~ ~ , ~ 1 ,:o, ,e'' ~ x ,qY,,, ~ 3 ~ 3, -s,-- - ~ ~"-~e~,- ~ . ~ ~ '~a~~ ? ~ .et, r"~~r ~ ~ W ~ -'1+,' ~ "1^' ' M ' mo'b'? - f - 1 51 i ~i1^. ~~t; F ~-0.r i Rq m ~ , 6y~'l 5 O V ~]P$1 .s t O ..--~.T-_.%_ j v of . 3' f a ~ t r._,.T ~ fi a.r t.Mi SryLLWATFR o ro y.' f~.f fs r, f AVE .r~~ , ~ _ E i ~ 'a , d d ~ r CpUNT( OF A9Brw1 ~ € F ~ ~[y ~~~.xrnw' ze w ,'e ~ y~xrtaw~E~~ ~a'~.EO 'm REVISIONS: r e j a ~iaa W x ® OO ® o~ O m a dSfIIB Bdlti ~ ~ p~g{~ppy~ ~ ~wM~:e z /wFRED a'JRCH u~ Da~~ KRC~[A ¢ g w - - ~ UD ti ~ xRC10N O O I' ~acn FnraY ,,.u, ...y.. ~ ~ ~ d ~ - - ~YJY %ATF HEIGIRI 1ST. FLOOR PLAN ~ ~ ~ ~PRO]ECTNORTH A,. '~IF°Ri1 V N 3 RECEI9fEI? ° ~ P~1 APR 0 3 ZOi.% ~OAROOpAPPFq~ PRAWN: NN/NS gCALE: IH'~IW pqT Myth YL~AU SHEET HUM1E0.. A 1 I 0.ER W[Mi IIOJaW~ OO •I ~®o o ~ BEDROOM Nn o ~-e%~~' BATH Nn.~ ~~°"Y° PORCH ~U STOMLE BEDROO MNO. 3 ~i LOFT ~c D ~~cerve,~ .4P,k p ~ Z013 DpARD pFAPpEALR 2ND. FLOOR PLAN PROJECT NORTH SCALE I/8" = 1' 4 a~~ EAST ELEVATION scn~E: ue^ = i' 10~~~- ~FCFIVFD _ _ APR 0 ~ 1013 ~DARD DFAPPpA1S m NORTH ELEVATION SCALE: 1/8" = 1' i 's i °i _ i WEST ELEVATION scams: i/s" =1, - - ~ECEZVe~ APR 0 3 Z1J13 _ _ BOARDOFAPPEA~ .o - - NORTH ELEVATION scams: i~s^ = i~ N SURVEY OF PROPERTY ' ~ AT CUTCHOGUE ~ ~ l ~ ~ TOWN OF SOUTHOLD Gy. Q~`°, ~ ~ SUFFOLK COUNTY, N. Y. 0~° ~ 1000-136-01-53.3 ~,,Pe•,y~ a.EL ` 1~ ~ SCALE: 1"=30' ° 12'~ J 6 ~ SEPT. 14, 2000 ~ ~ e2gy1, ~ ~ ~ NObEMBfR 3, 2000 (REVISION) \ ~ IIp,~~~ . 9., ~Q./ ~ APRIL 16, 2001 (RENStONI) ~~pp,, \ ` /~V`~ n//~ .X/NE 19, 2001 (RENSIGW) ~ ~cT ~ " ~jC I?q ~ 1 1 ~ ~ ~1 / OCTOBER 30, 2001 (CERJIFlCA7)ONS) p ~ ~S, 1.31 ~R~ I rln`('`~ ~ JUNE 2B, 2005 (DOCK & Iti£11ANDS) 11.s' ~ <QsC~ 1 ti a ~ JULY 5, ?007 (TOPO, WL FLACS, FLOOD ZONE) ~~1 ~ F ~o ~°~C~~ UU~~ k Q FEBRUARY 6, 2013 (UPDATE dr B.O.H) c, .g~' „o, ~ V \ , s 4 ~p~ ~ MAR. 14, 2013( addltlonsl O~ ZONE X r€sr i~al-E ~ t~ V n N ~ EL 10.5 ~ V\I ~ 2 ~P yyy~ Nom. p o~ y'Y ~Lt9 a ~~~~~V~~ O, `0 ~OT~~. ¢ ~T o- y APk 0,~ <d~'f~(n~, / a~Pfv. Y yY Y Y ~®ARpORpPP~q`~. O ~.,~i ,G,u~ . 8 °t~ / i 'O O SOT ~ ~,r 8C 3.~ ° ~ ~p~~y Y 5 Y ~ tk ~ Y .0~~ `r/',~ TEST HOLE DATA ~~(~t`\ I eF ~ ~ McDONALO GEOSCIENCE ~ ` vp 02/06/13 D V` • ~ „ ~ \ ~Q`,~" EL. f 0.5' ~ ~ ~ Ci Y 1, DARK BROWN LOAM OL~ ~ BROWN SILTY SAND SM j ~ ¦=MONLMtiENT PALE BROWN FINE TO MEDIUM SAND SP ? =WETLAND FLAG 1 ~J ' r= t"` t' WETLANDS FLAGGED BY EN-CONSULTANTS JULY 27, 2012 BU ~9~?~ ,739 Sq.ft. EL. 0.T s.e' A e tib~ ~ as per Filed Map=11,529 Sq.ft. LOT NUMBERS REFER TO 'MAP ~ ~a%~Eki,~MMw T. 14, 2000=8,102 Sq.ft. EUGENE HEIGHTS' FILED IN ThL WATER /N PALE BROWN ,-INE TO MEDIUM SAND SP € c i SI,FFOLK COUNTY CLERK'S OFFICE r ON OCT, 29, 1928 AS FILE N0. 856. 1 ~ l~ N07E: WATER ENCOUNTERED 9.8" BELOW SURFACE ~ ~ o w N.Y.S. LIC. NO. 49618 ANY ALTERATIQW O4 ADDITIQN TO THIS SURVEY IS A VICLATICN ~-~`;.~~`°.~~-~--•'`,_Y_j-=~1PECONIC S EYORS, P.C. CF SECTION 7209 L1F TFE AEW YQ4K STATE EDi.CATICN LAW. ~ `.f~"~T 0631) 765 - 5020 FAX: 0631) 765-1797 EXCEPT AS PER SECTION 7209-SUBDNISILN 2. ALL CERTIFICATIQVS ELEVA T/ONS RE CED TO N. A. V. D. 1988 ~ ~ P, 0. BOX 909 FEREON ARE VALID FOR THIS MAP AND COPIES THERELI~ ONLY IF FLOOD ZON F F/ AP NUMBER 3610300163 H 1238 TRAVELER STREET SAID MAP LR COPIES BEAR THE DipRESSED SEAL CF THE SURVEYOR 0 0 - 2 2 WHOSE stGNATURE APPEARS FEREQN SEPTEMBER 5, 2009 SOUTHOLD, N.Y. 11971 MT~~ ~-1 ~ Office Location: ~~~~OF SO(/jyOlo Mailing Address: Town Annex /First Floor, Capital One Bank * ~ 53095 Main Road 54375 Main Road (a[ Youngs Avenue) ~ P.O. Box 1179 Southold, NY 1 ] 971 ~ • ~O Southold, NY 1 1 97 1-0959 o~y~0UNT1 http: //southoldtow n. northfork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Apri14, 2013 Mark Terry, Principal Planner LWRP Coordinator - Planning Board Office Town of Southold Town Halt Annex APR - 42013 Southold, NY 11971 ' _ - Re: ZBA File Ref. No. #6652 BROWN, James 1000=13~-I-~3.3 Dear Mark: We have received an application for demolition, reconstruction & alterations/additions. 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-SD is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie . Weism Chai on By: F_-v~c~s REVISIONS: t } ~ . 1V ~ k .ef s~ ~ 1'. 1.. ~ i _ :..r. ~ 'r M: - - - ~ ~u PHOTO No. O1 PHOTO No. 02 PHOTO No. 03 PHOTO No. 04 PHOTO No. 05 PHOTO No. 06 a z ti U U ~ m u ~ Y, ~y f ¦ ` } 1 F ~ ~z z I 7 O H w~ PHOTO No. 07 PHOTO No. 08 PHOTO No. 09 PHOTO No. 10 PHOTO No. 11 PHOTO No. 12 Q x ~ w c' ~ m ' ~ ~ E~ x. Q ~ 1~' d .~..r._ _ _ ,,,.rw~ . PHOTO No. 13 PHOTO No. 14 PHOTO No. 15 PHOTO No. 16 PHOTO No. 17 PHOTO No. 18 ~ w z x s- ~ ~ ~ c } ~ i 0~ a`'+ ~,4'i ;iJ~iaD Of APP~A1.5 oeawN: MHrMs r„ ~ ~ . ~ ~ SCAI C IIP-I'-0" r e+~. F, y. r 100#~. w Mn~eh?6 2017 ~ 't~ ~ _ `.jY't~.r:et SHCCI'NUMBCR. PHOTO No. 19 PHOTO No. 20 PHOTO No. 21 ,S-2 ~ ~s~ FORM NO. 3 NOTICE OF DISAPPROVAL DATE: Apri] 1Q 2012 Revised: March 20, 2013 TO: Mazk Schwartz For: James and Susan Brown P.O. Box 933 Cutchogue, NY 11935 Please take notice that your application dated April 6, 2012: For permit for demo and reconstruction and alterations/additions to existing seasonal cotta¢e at: Location of property: 170 Oak Street Cutchogue, NY County Tax Map No. 1000 -Section 136 Biock 1 Lot 53.3 Is returned herewith and disapproved on the following grounds: The Rroposed demolition/reconstruction with alterations/additions on this non- conforming 8102 sg. ft. lot (6590 buildable) in the R-40 District is not allowed pursuant to Article XXII, section 280-116 (B) which states "All building or structures located on lots u on which a bulkhead/conc e s wall ...exists... shall be set back not less than 75 feet from the bulkhead." The site tan shows a setb f 25.8 -feet from the bulkhead. In addition, pursuant to Article II, Section 280-124 non-conforming lots less than 20,000 square feet shall maintain a minimum side vard of 10 feet the site plan shows 4.9 foot, and both side yards shall have a total of 25 feet the site plan shows 9 9 feet Additionally the total permitted lot coveraee is 20% the site plan shows 25 1% ~ authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECK BUILDING DEPARTMENT Do you have or need the following, before appl TO WN RAIL Board of Health SOUTHOLD, NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Boazd approval FAX: (631) 765-9502 survey www. uorthfork.netlSouthold/ PERMIT N0. Check Septic Form N.Y.S.D.E.C. Trustees Examined 20 Coofach Approved , 20_ Mail to: Disapproved afc Phone: Expiration ; 2Q__~_ Building Inspector JAN ~ ~ 7643 ~;APPLICATIONFORBUILDINGPERMIT _ _ Date ~J' , 20~ INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with ? seu of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, reiationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection tluoughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f Every building permit shall expire if the work authorized has not commenced within l2 months aRer the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulatons affecting iht property have been enacted ht the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. ThereaRer, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code.. d regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signazure of applicant pr navme~, if a~f rpomtion) j / DZD ~C~/st ~`-rJGG~ ~(t~j Img ad ess o applicmt1~j State whether applicant(~isyo~,w~ne~r~lessee, agent, architect, engineer, general contractor, electrician, plttmber or builder Name of owner of premises SL/Lyl !Si # ~[iN Lffr'`~ (AS o e tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on whiehRRroposed worck.,will be ~d~one: /7 /70 Y~ k- ~r/~~~ (<Z •li~O~vLe-e-c House Number Street Ha et f p County Tax Map No. 1000 Section ~,~J~O Block (x Yv. Lot Subdivision Filed Map No. -Lott (Name) 2. State existing use and occupancy of premis~e/san~d int nded use and occupancy of proposed construction: a. Existing use and occupancy ~~.c//,« b. Intended use and occupancy }tom cJ pC-tG~ 3. Nature of work (check which applicable): New Building_~Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units ~ Number of dwelling units on each floor If garage, number of tars 6. If business, commercial or mixed occupancy, specifyunature and extent of each type of use. 7. Dimensions of existing structures, if any; Front / ~ Rear ~.3 /3- Depth Height 2S ~h Number of Stories / Dimensions of same structure with alterations or additions; Front yS 7J Rear ~ ,7 ` Depth Height 31 Number of Stories .,'L 8. Dimensions of entire new construction: Front ~S Rear ~3D -~epth Height Number of Stories a-- 9. Size of lo[: Front ~ Rear 7J Depth ~ ~0 `t 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated ~ ~a 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO_ 13. Will lot be re-graded? YES_ NO~WiI] excess fill be removed firm premises? YES_ NO_ ~f,_ ~ ~ ~ ,~a Shr-nyrz~4~"`~ SJa~mi~I~ ~`'y/zsa'2 14. Names of Owner of premises ~ Address Phone No. Name of Architect ,Us. - ~r~Address Phone No 73 y- ! ~S Name of Contractor Address Phone No. I S a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? "YES~NO _ * IF YES, SOUTFIOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED".~ r b. Is this property within 300 feet of a tidal wetland? "YES_ NO_ /~Q /iy~-(- Olo-( fd 77~ ' IF YES, D.E.C. PERMITS MAY BE REQUIRED. i 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. Ifelevation a[ any point on property is at ]0 feet or below, must provide topographical data on survey, STATE OF NEW YORK) '~//-~~~=SOS: CO~UN~TY/OFr~z! /c.7YCUa ~ ~ ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the Contract ant, Corporate Officer, etc.) of said owner or owners, and is duty authorized to perform or have performed the said work and to make and file ?his application; that all statemetus contained bt this application are true to the best of his knowledge and belief, and that the work will be performed in the manner set forth in the application filed therewith. Swomt afore me this day of 20~ J/-_..,... i Notary Public Signaturo of Applicant BETSYA. PERION9 Notary i~ublb. Smre of NewYak N0.OtPE61306C38pq~~ ~ 1~ tauallfled in Suffolk .mod'.? l~ Commlasbnl7gtfresJiny 1& EDGE OF XYJETLANDS MHVOM MH'&'M AS PER FILE MAP ~ FLOOD ZONE [ ',, LIIN E - - / //~'"'"'---~....~ ~ ~ ZONEX / ZONE AE //// pr, OP. '~~? '~ ~"~'~ ~'C'' ..~ ,,~ ~ 7.~' / (EL. 7) ~ 6.2' , ~.o' ~Z~~ ~ ,~",~ , PROPOSED ,,,, ,, ,,, ,, '., [ ~OkEMOVE)', / .... ~ NON TURF ~ . . . . . . . . . . . . . . ,.'~:;."' . ' . SL~,:., 2STY. FRAMED HOUSE ~ EUGENE'S ~ATEA LINE TO BE INSIDE ~ ~ ":"' '>~'"1'~' ~ :'""'" PIPE ~ITH1N 10 FE~ OF 5E~IC SYSTEM AS PER .... $CHD$ NEW WATER LINE TO BE RUN: 1" DIA. PROPOSED EAgEMENT AREA: 1125,6 SQ. FT. ~, XX]ATER LINE TO BE INSERTED IN TO 2" DIA. / FILE MAP / CPVC, ]00psi CONTINUOUS PIPE ~X]ITH NO FLOOD ZONE / MHX~'M BREAK-OFF CONNECTIONS! SANITARY LINE LINE MUST BE DR-lB AND MUST BE 10 1N EITHER DIRECTION OF CROSSING. EDGE OF WETLANDS SITE PLAN SCALE: 1" = Iff-0' 0R EXISTING MEETS AND BOUNDS BY: PRCONIC SURVEYORS, JOHN T. METZGER UC, No, 49618, DATED: JULY 5,2007 SCTM No. 1000-136-01-53 LOCATION: AREA: LOT COVERAGE: AREA TO MHX,VM AS PER FILLED MAP: 11,529 SQ. FT. 0.26 ACRES AREA TO MH~/M, SEPT. 14, 2000 8,102 SQ, FT.0.19 ACRES BUILDABLE AREA: 6,739 SQ. FT.0.15 ACRES BUILDABLE: PROPOSED HOUSE C'fOTAL): 1197 SQ. FT. 17.8% PROPOSED 1 STY. GARAGE: 290 SQ. FT. 4.3% i PROPOSED ENTRY PORCH: 33 SQ. FT. 0.5% PROPOSED COVERED PORCH: 167 SQ. FT. 2.5,~ TOTAL 1687 SQ. FT. 25(1% ) / Ap~:~0 3 2013 REVISIONS'